Hoboken City Zoning Code
ARTICLE XV
Administration and Enforcement
§ 196-59 Zoning Officer.
[Amended 11-22-1993 by Ord. No. R-20; 6-17-2015 by Ord. No. Z-350; 12-4-2024 by Ord. No. B-723]
A.
Position created. There is hereby created the position of Zoning Officer who shall be assigned to the Department of Community Development.
B.
Appointment and term of office. The Zoning Officer shall be appointed in accordance with applicable Civil Service rules and regulations and New Jersey State law.
C.
Qualifications. The Zoning Officer shall have such qualifications as required by applicable Civil Service rules and regulations and New Jersey State law.
D.
Duties. The duties of the Zoning Officer shall include but not be limited to the following:
(1)
To enforce the zoning ordinances of the City of Hoboken.
(2)
To review all applications for building permits and assign those requiring review and approval by the Planning Board, Zoning Board of Adjustment or Historic Preservation Commission to the appropriate board.
(3)
To issue zoning certifications following, where necessary, review and approval by the Planning Board, Zoning Board of Adjustment, Historic Preservation Commission, County Planning Board or other such agency or individual as may be required.
(4)
In cases where exterior alterations will be made that alter the height, yard setback or lot coverage on a property where it has been determined that Planning Board or Zoning Board of Adjustment review is not required, the Zoning Office shall require proof of and ensure notification, by the applicant, of all immediately adjoining property owners by certified letter. Such notification shall inform said owners of a zoning approval obtained and the appeal rights afforded under this chapter.
(5)
To keep a record of all applications for permits and of all permits and certifications issued, with a notation of all special conditions involved.
(6)
To file and safely keep copies of all plans submitted.
(7)
To collect and record fees for zoning certifications.
(8)
To prepare a semiannual report for the City Council summarizing all activity of the previous months concerning the duties of the Zoning Officer.
(9)
To conduct field inspections and special investigations either in response to a complaint by an individual, municipal agency or board or on his own initiative to ensure compliance with this chapter.
§ 196-60 Certificates of compliance.
[Amended 10-17-2001 by Ord. No. DR-14]
A.
Purposes. To ensure compliance with the provisions of this chapter, no person shall erect, alter or convert any structure or building or part thereof nor alter the use of land subsequent to the adoption of this chapter until the proper certification has been issued by the Zoning Officer.
B.
Application for first certificate of zoning compliance.
[Amended 12-20-2000 by Ord. No. R-470]
(1)
Applications for zoning certifications shall be the same as applications for building permits.
(2)
The Zoning Officer shall act upon applications either to approve, refer to the Planning Board, Zoning Board of Adjustment or deny, within 10 business days of the receipt of a complete application.
(3)
Any application not acted on by the Zoning Officer within 10 business days of the receipt of a complete application shall be deemed to be an approval.
C.
Issuance of certification. The first certificate of zoning compliance shall be issued by the Zoning Officer on a form approved by the Director of Community Development. Where action is required by the Planning Board or the Zoning Board, no first certificate of zoning compliance shall be issued until the Zoning Officer is in receipt of the resolution of approval of minor site plan or final site plan approval along with a set of the approved, signed site plan drawings.
[Amended 5-7-2003 by Ord. No. DR-90; 6-18-2008 by Ord. No. DR-357; 6-17-2015 by Ord. No. Z-350]
D.
Notice requirements. When exterior alterations are approved by the Zoning Officer that will alter the height, yard setback or lot coverage on a property where it has been determined that Planning Board or Zoning Board of Adjustment review is not required, the applicant shall notify the immediately adjoining property owners of a zoning approval obtained and the appeal rights afforded under this chapter. Notice shall be made by certified letter and proof of notification shall be provided to the Zoning Officer. No building permits shall be issued until the Construction Code Official is in receipt of the first certificate of zoning compliance and proof of notification has been provided.
[Added 6-17-2015 by Ord. No. Z-350[1]]
E.
Denial of certification. When the Zoning Officer is not satisfied that the applicant's proposal will meet the requirements of this chapter, he shall refuse to issue a certification and shall so notify the applicant and the Construction Code Official, in writing, giving the reasons for denial. The applicant may appeal to the Zoning Board of Adjustment for a modification or reversal of the Officer's decision.
F.
Revocation of zoning certification. If it shall appear at any time to the Zoning Officer that the application or accompanying plan is in any respect false or misleading or that work is being done upon the premises differing materially from that called for in the application filed with the Zoning Officer or Construction Code Official, the first certificate of zoning compliance shall be revoked and the building permits invalidated. As a condition for reinstating the Zoning Certification, the Officer may, in his/her discretion, before issuing the new certification, require the applicant to file an indemnity bond in favor of the City of Hoboken with sufficient surety conditioned for compliance with this chapter and all laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building or structure if it does not so comply.
[Amended 6-17-2015 by Ord. No. Z-350]
G.
Expiration of building permits. If a permit has not been acted upon by the commencement of construction within one year from the date of issuance, said permit and all rights created thereby shall expire.
§ 196-61 Final certificate of compliance.
A.
New uses. No building, structure or land shall be occupied or used until such time as the certificate of occupancy issued by the Construction Code Official is certified by the Zoning Officer as to its compliance with this chapter. Such final certificate of zoning compliance shall be issued, in writing, to the applicant and Construction Code Official upon application by the owner, prospective occupant or purchaser only after the Zoning Officer determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of this chapter. A temporary certificate of occupancy may be issued for any structure or use for which the conditions of minor site plan or final site plan approval have been complied with. The Planning Board or Zoning Board (as appropriate) shall approve the issuance and terms of any temporary certificate of occupancy.
[Amended 5-7-2003 by Ord. No. DR-90; 6-18-2008 by Ord. No. DR-357]
B.
Existing uses.
(1)
At the time of passage of this article. Upon any reasonable written request from the owner or other interested party, the Zoning Officer, after inspection, shall certify a use or structure legally existing at the time this article is made effective, indicating the extent and kind of use and whether such existing use conforms to the provisions of this chapter.
(2)
Change of use or structure. No change or extension of use shall be made in a structure, use or land without a final certificate of zoning compliance's having first been issued by the Zoning Officer, stating that such change, extension or alteration is in conformity with the provisions of this chapter and all other applicable ordinances.
C.
Scope of final certificate of zoning compliance. The final certificate of zoning compliance shall contain sufficient information as to the extent and kind of use or uses such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is permitted or nonconforming and the extent to which the use does not conform to the provisions of this chapter.
D.
Revocation. On the serving of notice of any violation of any of the provisions of this chapter with respect to any structure or use thereof, as provided in § 196-62 of this chapter, but final certificate of zoning compliance for such use shall thereupon, without further action, be null and void, and a new final certificate of zoning compliance shall be required for any further use of such structure or land.
§ 196-62 Violations and penalties.
A.
Complaints of violations. Any person, municipal agency or board may file a complaint if there is any reason to believe a violation of this chapter exists. All such complaints must be in writing and shall be filed with the Zoning Officer, who shall properly record such complaint and immediately investigate.
B.
Procedures for abatement of violation. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or any other applicable ordinance, the Zoning Officer or other proper official, in addition to other remedies, shall institute any appropriate legal action or proceedings, including the issuance of a stop-work order, a municipal court complaint and a superior court complaint for an injunction, as necessary, to prevent such unlawful erection, construction, repair, reconstruction, alteration, conversion, maintenance or use; to restrain, correct and abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use about such premises.
C.
Penalties. Any person, firm or corporation violating or resisting the enforcement of any of the provisions of this chapter or any order, decision or determination by the Board of Adjustment or Planning Board and who refuses to abate such violation within 30 days after written notice has been served upon such violator by registered mail or by personal service from the Zoning Officer, the Zoning Board of Adjustment or the Planning Board shall, for each and every violation, be subject to a fine not to exceed $500 or to be imprisoned for a term not exceeding 30 days, or both, at the discretion of the court or judicial officer before whom a conviction may be had. Each day that a violation occurs or is continued shall constitute a separate offense. In the event that any penalty provided herein is in excess of that allowed by any other applicable code or ordinance, the penalty provisions of such other code or ordinance shall apply.
[Amended 11-4-1987 by Ord. No. V-140]
§ 196-63 Application and escrow fees.
[Amended 6-21-1989 by Ord. No. P-58; 3-20-1991 by Ord. No. P-136; 5-1-2002 by Ord. No. DR-36; 5-7-2003 by Ord. No. DR-90; 6-18-2008 by Ord. No. DR-357; 9-1-2010 by Ord. No. Z-53; 8-15-2012 by Ord. No. Z-196; 4-16-2014 by Ord. No. Z-288]
Action Requested | Project Type | Project Size | Application Fee | Escrow Fee |
|---|---|---|---|---|
Zoning Review | ||||
Residential | 1-4 dwelling units | $100 | None | |
Residential | 5+ dwelling units | $100 plus $25/dwelling unit over 4 | None | |
Nonresidential | Under 5,000 square feet | $100 | None | |
Nonresidential | 5,000-9,999 square feet | $200 | None | |
Nonresidential | 10,000-49,999 square feet | $400 | None | |
Nonresidential | 50,000 square feet and over | $500 | None | |
§ 196-63.1 Off-tract improvements.
[Added 6-21-1989 by Ord. No. P-58]
A.
General requirements. Where the agency having jurisdiction determines that off-tract improvements are necessary for the proper development and use of the proposed site or subdivision and the surrounding area, it may require either that such off-tract improvements be installed or that the developer contribute to the installation of such off-tract improvements. Where the agency having jurisdiction has determined that off-tract improvements are required, a condition for granting final approval shall be that such improvements be constructed or that the developer shall make payments toward the ultimate installation of off-tract improvements such as, but not limited to, streets, curbs and gutters, sidewalks, water mains, sanitary sewers, storm sewers, culverts and other underground utilities as they occur, monuments and streetlights, all in accordance with the specifications governing on-tract improvements.
B.
Cost allocation. If the Planning Board determines that the developer may contribute toward required off-tract improvements in lieu of such improvements being installed, the Planning Board shall allocate the cost of said off-tract improvements in accordance with the standards hereinafter set forth. The improvement of a stream and/or widening of or the construction of drainage or other improvements in a street or road fronting on the tract to be subdivided and/or developed shall not constitute an off-tract improvement and the cost of said improvement shall not be allocated.
(1)
Allocation considerations. The allocation of the cost of off-tract improvements shall be determined in accordance with the following:
(a)
The Planning Board may consider the total cost of the off-tract improvements, the benefits conferred upon the site or subdivision, the needs created by the site or subdivision, population and land use projections for the general areas of the site or subdivision and other areas to be served by the off-tract improvements, the estimated times of construction of off-tract improvements and the condition and periods of usefulness, which periods may be based on the criteria of N.J.S.A. 40A:2-22. The Planning Board may further consider the criteria set forth below.
(b)
Road, curb, gutter and sidewalk improvements may be based on the anticipated increase of traffic generated by the site or subdivision. In determining such traffic increase, the Planning Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and the other factors related to the need created by the site or subdivision and anticipated thereto.
(c)
Drainage facilities may be based on the percentage relationship between the site or subdivision acreage and the acreage of the total drainage basins involved or on calculations developing the percentage contribution that the storm runoff from a particular site or subdivision bears to the total design capacity of any improvement; the particular methods to be selected in each instance by the City Engineer or City engineering consultant.
(d)
Water supply and distribution facilities and sewerage facilities shall be based upon a proportion as determined by the current rules and regulations or procedures of the City of Hoboken Department of Public Works.
(2)
Use of funds collected. All moneys received by the municipality in accordance with the provisions of this section shall be paid to the Department of Revenue and Finance, which shall provide for a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purposes unless such improvements are not initiated for a period of five years from the date of payment, after which time said funds shall be transferred to the capital improvement funds of the municipality.
(3)
Apportionment of costs. The apportionment of costs shall be determined by the Planning Board. The developer shall be afforded an opportunity before said Board to present evidence relative thereto.
C.
Assessment not precluded. Nothing in this section of this article shall preclude the municipality from assessing any property benefiting from installation of any off-tract improvements as provided in this section, pursuant to the provisions of the Revised Statutes of New Jersey, an allowance being made to the respective parcels of realty for payments herein.
§ 196-63.2 Assessments for off-tract improvements.
[Added 6-21-1989 by Ord. No. P-58]
Per N.J.S.A. 40:55D-42, Chapter 291, Laws of New Jersey, 1975, and in conjunction with the approval of any site plan by the Planning Board or Zoning Board of Adjustment, a fee established by the Mayor and Council of the City of Hoboken shall be assessed against the approved structure for deposit in a municipal infrastructure fund for off-tract improvements such as the City water supply system, public underground utilities, storm sewers, sanitary sewers serving the project and the sewerage treatment plant. Such assessment may be levied against any development with an approved site plan which has not yet been connected to the sewer system.