A hundred years ago, the Village of Euclid, Ohio drew lines on a map and changed American cities forever. Their zoning ordinance — upheld by the Supreme Court in 1926 — was built on a reasonable idea: keep factories away from homes. That case became the legal bedrock of modern zoning.
But zoning was never just about separating smokestacks from backyards. Over the following century it was used to enforce segregation, ban apartments near transit, block homeless shelters, mandate parking minimums, and enshrine the kind of sprawl that makes daily life without a car nearly impossible. Rules that were supposed to protect neighborhoods were weaponized to shape who gets to live in them and to determine what kind of city we’re allowed to build.
Now they’re being used to try to stop a café from baking cinnamon rolls in Jersey City.
The Complaint
In January, a resident filed a zoning complaint against The Hive, a beloved Harsimus Cove café known for their cinnamon rolls — “The Cinny.”
The complaint, filed with Jersey City’s Zoning Board of Adjustment, alleges that because The Hive bakes its goods in-house, it must be operating a commercial kitchen and restaurant-grade ventilation system. That would push it from a permitted retail café (Category Two) into a restaurant classification (Category Three), which would require a new zoning designation and more permits; more fees; more bureaucratic friction.
The evidence? The Hive paid a grease trap fee during its permitting process.
That’s it. Not that The Hive has a commercial kitchen. Not that anyone observed restaurant-grade ventilation. Just that it paid a fee that virtually every food-service establishment — including coffee shops — need to have a grease trap to prevent fats and liquids from clogging the drain. Jersey City’s own planning department reviewed the complaint and confirmed The Hive is classified as retail, well within the bounds of permitted commercial use. The Cinny, for the record, is baked off-site at a commercial kitchen in Union, NJ.
The complaint is riddled with errors – unsupported inferences and dropped arguments. Jersey City initially rejected most of them but now an appeal filed has forced The Hive to call on the community to support their cafe.
What’s Actually at Stake
Set aside the legal merits for a moment. Even a meritless lawsuit can kill a small business. Every hearing date, every attorney consultation, every round of permits is time and money that a small operator simply may not have. That chilling effect — the knowledge that one disgruntled neighbor can throw a wrench into your business on a whim — is the real harm here. This is how neighborhood businesses become chains or empty store fronts.
Mayor Solomon acknowledged this directly during his campaign: businesses of all sizes in Jersey City run a bureaucratic gauntlet. We’ve seen it with Scram, which spent six years tracking down a fire chief to sign off on a certificate of occupancy. We’ve seen it with Heights Fitness’s downtown location, which is still waiting on permits. We’ve seen it with the Albion Hotel project, which spent years trying to accommodate nearby condo owners only to have them sue after the project got a variance. We’ve even seen it with large businesses like Whole Foods when trying to open a new store downtown. Jersey City should simplify its regulatory systems not only making it easier for people to open small businesses but also reduce unnecessary work for its overwhelmed planning and permitting department.
But Jersey City can’t stop at just fixing its own broken processes. It also shouldn’t allow private actors to weaponize those processes. One neighboring landlord should not be able to hold a café hostage at the Zoning Board. Bad-faith lawsuits filed at the last minute against hotels, housing projects, and neighborhood businesses don’t just harm the direct targets — they harm the city’s tax base, reduce foot traffic for nearby businesses, and send a message to every small business owner considering Jersey City: this is what you’re signing up for.
The Hive belongs in Harsimus Cove and is part of what makes walkable communities pleasant. It’s a retail café operating exactly as zoned. Multiple layers of city review — including a December 2025 re-confirmation — have said so. The neighborhood already has Rustique Pizza, Hidden Grounds Café, and Key Food. No reasonable person thinks a storefront selling cinnamon rolls is ruining the character of a city block.

What You Can Do
- Show up April 9th at City Hall Annex at 6 PM.
- Email cityplanning@jcnj.org and tell them you support The Hive and support more mixed-use zoning flexibility in Jersey City.
- Spend some money on a Cinny.
And the next time someone tells you zoning is just a technical planning matter that doesn’t affect real people, tell them about the café that had to prove selling cinnamon rolls didn’t make it a restaurant just to stay in business.

