For the purpose of this chapter, the City of Union City is hereby
divided into 18 classes of districts, redevelopment districts and
overlay districts, as follows:
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Zoning Districts:
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R District: Low-Density Residential
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R-M District: Medium-Density Residential
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C-C District: Center City Core
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C-G District: Gateway Commercial
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C-N District: Neighborhood Commercial
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MU District: Multiple Use
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P District: Public
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P-A District: Parks-Air Rights
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Redevelopment Districts:
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D-BG District: Bus Garage Redevelopment
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D-RS-A District: Roosevelt Stadium Redevelopment
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D-RS-B District: Roosevelt Stadium Redevelopment
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D-RS-S District: Roosevelt Stadium Redevelopment
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D-ST District: Swiss Town Redevelopment
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D-Y District: Yardley Building Redevelopment
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Overlay Districts:
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HPOD Overlay District: Historic Preservation Overlay District
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JFK Overlay District: JFK Boulevard Design Overlay District
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PPOD Overlay District: Palisades Preservation Overlay District
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UTOD Overlay District: Uptown Transit Oriented Development Overlay
District
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The location and boundaries of these districts are hereby established as shown on a map entitled "Zoning Map, City of Union City, Hudson County, New Jersey," dated 3-20-2012, and as may be amended from time to time, which map accompanies and with all explanatory matter thereon is made part of this chapter.[1]
[1]
Editor's Note: A copy of the Zoning Map is attached to this chapter.
Where uncertainty exists as to the location of any boundaries shown on the Zoning Map, the following rules shall apply:
A.
District boundary lines shall follow street center lines or lot lines or extensions of and from the same, as such street and lot lines exist at the time of passage of this chapter, unless such district boundary lines are referenced by some street line dimension shown on the Zoning Map.
B.
Where such boundaries are indicated as approximately following the
lines of lots or other parcels of record and are not more than 10
feet distant therefrom, such lot or parcel lines shall be construed
to be such boundaries.
C.
If a district boundary line is not thus referenced or there is doubt in a particular instance as to what line is determining, the location of such district boundary line shall be determined by the Zoning Officer by scaling the Zoning Map.
Duly certified copies of this chapter and the Zoning Map, together with all amendments thereof, shall be filed with the City Clerk and shall be open to public inspection.
Where a lot in one ownership of record is divided by one or
more district or municipal boundary lines, the following shall apply:
The applicable area, yard and building requirements are contained
in the Schedule of Bulk Regulations at the end of this chapter and
is hereby made part of this chapter.
This Zoning article shall be viewed as permissive. After the
adoption of this chapter, no uses or structures shall be permitted
in the City which are not listed as a permitted, accessory or conditional
use or unless permitted by the Zoning Board of Adjustment.
Notwithstanding compliance with specific conditional use standards
hereinafter set forth, conditional uses shall require site plan approval
by the appropriate approving authority.
A.
R Low-Density Residential District.
(1)
Purpose. The purpose of this zone is to preserve the integrity of
existing residential areas by preventing the intrusion of nonresidential
uses into residential neighborhoods and by maintaining existing development
intensity and population density consistent with residential neighborhood
patterns.
(3)
Permitted accessory uses.
(a)
Uses which are customarily incidental and accessory to the principal
use.
(b)
Private garages, provided that not more than 50% of the ground
floor area of any dwelling is occupied by attached garage space.
(c)
Noncommercial private swimming pools.
(d)
Minor home occupations.
(e)
Family day-care homes.
(4)
Permitted conditional uses.
(a)
Greyfield redevelopment.
(b)
Places of worship, subject to institutional use requirements.
(c)
Clubs for civic, political, charitable, social service, recreation
or veterans' organizations, subject to institutional use requirements.
(d)
Schools, subject to institutional use requirements.
(e)
Nonaccessory parking lots.
B.
R-M Medium-Density Residential District.
(1)
Purpose. The purpose of this zone is to permit medium density residential
uses in locations accessible to major roadways, commercial services,
and public facilities.
(2)
Permitted principal uses.
(a)
One-family dwellings, subject to the requirements of the R District.
(b)
Two-family dwellings, subject to the requirements of the R District.
(c)
Three-family dwellings, subject to the requirements of the R
District.
(d)
Row houses.
(e)
Low-rise apartment buildings.
(f)
Mid-rise apartment buildings.
(g)
Assisted living facilities.
(h)
Nursing homes.
(i)
Municipal uses.
(j)
Public parks and playgrounds.
(4)
Permitted conditional uses.
(a)
Clubs for civic, political, charitable, social service, recreation
or veterans' organizations, subject to institutional use requirements.
(b)
Public and private parking garages.
(c)
Schools, subject to institutional use requirements.
(d)
Places of worship, subject to institutional use requirements.
(e)
Wireless telecommunications facilities.
(f)
Nonaccessory parking lots.
(5)
Supplemental requirements.
(a)
Minimum distance between apartment buildings: 30 feet.
(b)
Minimum building setback from all interior development, roads,
driveways and parking areas: 10 feet.
(c)
Minimum accessory building setback from a principal building:
20 feet.
(d)
Maximum building length of apartment buildings: 150 feet.
(e)
The rear facade of a building face shall not face the front
facade of another building or public street.
C.
C-C Center City Core District.
(1)
Purpose. The purpose of this zone is to realize the Master Plan's
vision for this area as the primary gateway of the City of Union City,
with iconic architecture, pedestrian-friendly active streetscapes,
public parks, and high-density housing. Design principles for this
district include having new buildings match the scale of existing
historic buildings, encouraging rehabilitation of residential buildings
and preservation of historic buildings, employing a "pedestrian-first"
approach, encouraging retail uses and prohibiting office and residential
uses at street level and centering development around community buildings
and park space.
(2)
Permitted principal uses.
(a)
Retail sales and personal service establishments.
(b)
Offices (upper floors only).
(c)
Medical offices (upper floors only).
(d)
Apartments (upper floors only) in a low-rise or mid-rise apartment
building that has one or more permitted nonresidential uses on the
ground floor.
(e)
Restaurants, excluding drive-through restaurants.
(f)
Eating and drinking establishments.
(g)
Bars.
(h)
Hotels.
(i)
Theaters.
(j)
Indoor commercial recreation.
(k)
Banks, excluding drive-through banks.
(l)
Open-air markets.
(m)
Child-care centers.
(n)
Municipal uses.
(o)
Public parks and playgrounds.
(5)
Supplemental requirements.
(a)
Minimum setback from a residential district: 1/2 of the building
height, but a minimum of 20 feet.
(b)
Maximum front yard setback: 10 feet.
(c)
Minimum building height: two stories.
(d)
If a nonresidential use is adjacent to a residence district
or a residential use, all facilities and buildings shall be screened
by appropriate fences, walls and landscaping treatment.
(e)
All site lighting shall be directed onto the site and shall
be shielded from adjacent residential uses or zones and from the adjoining
street.
(f)
Roof structures, machinery, and mechanical equipment, such as
equipment for heating ventilation and air conditioning, shall be integrated
into the design of the buildings.
D.
C-G Gateway Commercial District.
(1)
Purpose. The Gateway Commercial District is intended to reinforce
a vibrant "gateway commercial core" area and provide amenities, services,
and resources to advance improvements to the public realm and create
a mixed-use area that has a distinct "main street" identity through
the creation of a pedestrian-oriented experience. The promotion of
a vibrant commercial environment and broad array of amenities, services,
and resources essential to the neighborhood and community shopping
needs of the City with design controls ensures a compatible relationship
to adjacent residential neighborhoods. The district is further intended
to allow for additional development opportunities while balancing
flexibility and restrictions.
(2)
Permitted principal uses.
(a)
Retail sales and personal service establishments.
(b)
Dry-cleaning establishments.
(c)
Offices.
(d)
Medical offices.
(e)
Apartments (upper floors only) in a low-rise or mid-rise apartment
building that has one or more permitted nonresidential uses on the
ground floor.
(f)
Live/work units (upper floors only).
(g)
Restaurants, excluding drive-through restaurants.
(h)
Eating and drinking establishments.
(i)
Bars.
(j)
Hotels.
(k)
Theaters.
(l)
Indoor commercial recreation.
(m)
Banks, excluding drive-through banks.
(n)
Health clubs.
(o)
Community centers.
(p)
Child-care centers.
(q)
Municipal uses.
(r)
Government uses.
(s)
Public parks and playgrounds.
(4)
Permitted conditional uses.
(a)
Greyfield redevelopment.
(b)
Drive-through banks.
(c)
Drive-through restaurants.
(d)
Public and private parking garages.
(e)
Schools, subject to institutional use requirements.
(f)
Places of worship, subject to institutional use requirements.
(g)
Wireless telecommunications facilities.
(h)
Nonaccessory parking lots.
(5)
Supplemental requirements.
(a)
Minimum setback from a residential district: 1/2 of the building
height, but a minimum of 20 feet.
(b)
If a nonresidential use is adjacent to a residence district
or a residential use, all facilities and buildings shall be screened
by appropriate fences, walls and landscaping treatment.
(c)
All site lighting shall be directed onto the site and shall
be shielded from adjacent residential uses or zones and from the adjoining
street.
(d)
Roof structures, machinery, and mechanical equipment, such as
equipment for heating ventilation and air conditioning, shall be integrated
into the design of the buildings.
E.
C-N Neighborhood Commercial District.
(1)
Purpose. This zone is intended to provide commercial sales and service
uses for the adjoining neighborhoods.
(2)
Permitted principal uses.
(a)
Retail sales and personal service establishments.
(b)
Offices (upper floors only).
(c)
Medical offices (upper floors only).
(d)
Apartments (upper floors only) in a low-rise or mid-rise apartment
building that has one or more permitted nonresidential uses on the
ground floor.
(e)
Live/work units (upper floors only).
(f)
Restaurants, excluding drive-through restaurants.
(g)
Eating and drinking establishments.
(h)
Bars.
(i)
Banks, excluding drive-through banks.
(j)
Health clubs.
(k)
Child-care centers.
(l)
Municipal uses.
(m)
Government uses.
(n)
Public parks and playgrounds.
F.
MU Multiple Use District.
(1)
Purpose. The purpose of the Multiple Use District is to recognize
the existing arrangement of industrial, commercial and residential
properties in close proximity to each other and to encourage expansion
and reinvestment in such properties when adhering to modern land use
controls.
(2)
Permitted principal uses.
(a)
Low-rise apartment buildings subject to the requirements of
the R-M District.
(b)
Mid-rise apartment buildings subject to the requirements of
the R-M District.
(c)
Retail sales and personal service establishments.
(d)
Offices.
(e)
Medical offices.
(f)
Dry-cleaning establishments and plants.
(g)
Light industrial.
(h)
Self-storage facilities.
(i)
Live/work units in conjunction with the adaptive reuse of an
existing building.
(j)
Child-care centers.
(k)
Municipal uses.
(l)
Government uses.
(m)
Public parks and playgrounds.
(4)
Permitted conditional uses.
(a)
Places of worship, subject to institutional use requirements.
(b)
Clubs for civic, political, charitable, social service, recreation
or veterans' organizations, subject to institutional use requirements.
(c)
Drive-through banks.
(d)
Car washes.
(e)
Public and private parking garages.
(f)
Major home occupations.
(g)
Wireless telecommunications facilities.
(h)
Nonaccessory parking lots.
(5)
Supplemental requirements.
(a)
Minimum setback from a residential district: 1/2 of the building
height, but a minimum of 20 feet.
(b)
If a nonresidential use is adjacent to a residence district
or a residential use, all facilities and buildings shall be screened
by appropriate fences, walls and landscaping treatment.
(c)
All site lighting shall be directed onto the site and shall
be shielded from adjacent residential uses or zones and from the adjoining
street.
(d)
Roof structures, machinery, and mechanical equipment, such as
equipment for heating ventilation and air conditioning, shall be integrated
into the design of the buildings.
(e)
A minimum of one building entrance shall face a public street.
(f)
Fire escapes are prohibited on the principal facade of a building.
(g)
Security gates of any kind are prohibited. These include solid
or open gates and roll-up doors.
G.
P Public District.
(1)
Purpose. The purpose of this zone is to permit only the principal, accessory and conditional uses set forth within Subsections G(2) through (4) below on properties that are owned by the City of Union City, the Union City Board of Education, the Parking Authority or other governmental entity.
[Amended 8-18-2015]
(2)
Permitted principal uses.
[Amended 8-18-2015]
(a)
Municipal uses.
(b)
Government uses.
(c)
Schools.
(d)
Public parks and playgrounds.
(f)
The developers of such parking lots for these additional principal,
permitted uses shall provide a sufficient number of parking spaces
that will account for the number of parking spaces that will be lost
as a result of the development and the number of parking spaces that
are required by the resolution of approval of the City Zoning Board
of Adjustment or Planning Board relative thereto, as applicable.
(g)
The development of age-restricted housing and affordable housing
in low- or mid-rise apartment buildings shall not be permitted on
parking lots measuring less than 5,000 square feet in size.
(h)
The development of age-restricted housing and affordable housing
in low- or mid-rise apartment buildings on parking lots measuring
between 5,000 and 9,999 square feet in size shall comport with the
bulk requirements for all other uses set forth in the Schedule of
Bulk Regulations of the Land Development Ordinance of the City of
Union City as applicable to the R-M Medium-Density Residential Zone
District.[1]
[1]
Editor’s Note: The Schedule of Bulk Regulations is included
as an attachment to this chapter.
(i)
The development of age-restricted housing and affordable housing
in low- or mid-rise apartment buildings on parking lots measuring
10,000 square feet or more in size shall comport with the bulk requirements
for mid-rise apartment buildings set forth in the Schedule of Bulk
Regulations of the Land Development Ordinance of the City of Union
City as applicable to the R-M Medium Density Residential Zone District.[2]
[2]
Editor’s Note: The Schedule of Bulk Regulations is included
as an attachment to this chapter.
(3)
Permitted accessory uses: accessory buildings having a building footprint
less than 1,000 square feet in area.
(4)
Permitted conditional uses: none.
H.
P-A Parks-Air Rights District.
(1)
Purpose. The purpose of this zone is to encourage decking and other
streetscape improvements over Route 495 to create a public park to
reduce the effects that Route 495 has on dividing the City. The standards
of this zone are intended to create hardscape park space and do not
advocate constructing buildings over Route 495, with the exception
of small buildings of an accessory nature.
(2)
Permitted principal uses: public parks and playgrounds within the
air rights of Route 495.
(3)
Permitted accessory uses: accessory buildings having a building footprint
less than 1,000 square feet in area.
(4)
Permitted conditional uses: none.
I.
Redevelopment Districts. The regulations for the following redevelopment
districts shall be in accordance with the respective redevelopment
plan for each district.
(1)
D-BG District: Bus Garage Redevelopment.
(2)
D-RS-A District: Roosevelt Stadium Redevelopment.
(3)
D-RS-B District: Roosevelt Stadium Redevelopment.
(4)
D-RS-S District: Roosevelt Stadium Redevelopment.
(5)
D-ST District: Swiss Town Redevelopment.
(6)
D-Y District: Yardley Building Redevelopment.
J.
HPOD Historic Preservation Overlay District.
(1)
Purpose. The purpose of the Historic Preservation Overlay District
is to provide additional protection to the Monastery of the Perpetual
Rosary (the "Blue Chapel") and the Monastery and Church of Saint Michael
the Archangel historic sites and the existing residential areas surrounding
them by preventing the intrusion of incompatible uses into the neighborhoods
and by maintaining existing development intensity and population density
consistent with residential neighborhood patterns.
(3)
Permitted accessory uses.
(a)
Uses which are customarily incidental and accessory to the principal
use.
(b)
Private garages provided that not more than 50% of the ground
floor area of any dwelling is occupied by attached garage space.
(c)
Noncommercial private swimming pools.
(d)
Minor home occupations.
(e)
Family day-care homes.
(4)
Permitted conditional uses: none.
K.
JFK Boulevard Design Overlay District.
(1)
Purpose. Areas along John F. Kennedy Boulevard outside of the commercial
core are predominantly nonresidentially zoned. From a planning perspective,
there is concern over the future layout and scale of development within
these areas. It is the intent to preserve, enhance and improve the
existing layout of development. The overlay district establishes design
guidelines and standards for yards, open space, landscaping, signage,
setbacks, connectivity, and screening. The standards are the basis
for development design in the overlay district unless the requirement
of the underlying zone district standard is more restrictive. In such
cases, the more restrictive standard would govern.
(2)
Applicability.
(a)
The bulk and design requirements of the overlay zone apply to
all new nonresidential development, expansions, or redevelopment,
except for smaller additions or modification to an existing use. This
exception permits any existing lot in the commercial overlay zone
on which a building or structure is located to have additions to the
principal building and/or construction of any accessory building or
structures without a variance from the overlay zone standards and
requirements. An expansion or modification shall meet the following
to qualify for the exception from the overlay zone requirements:
[1]
There is no change in the use of the lot or principal building.
[2]
The expansion conforms to the requirements of the underlying
zone district.
[3]
The building additions do not cumulatively exceed 1,000 square
feet of gross floor area.
[4]
The development does not disturb more than 5,000 square feet
of ground area.
(b)
All residential uses in residential districts shall be governed
by the existing underlying district standards.
(3)
Yards, open space, and landscaping.
(a)
Off-street parking and loading areas shall not be permitted
in the required front yard setback.
(b)
Aboveground detention basins are not permitted in the front
yard area.
(c)
A ten-foot buffer shall be located within the minimum yard setbacks
when a nonresidential use adjoins a residential use. Buffer areas
should be located entirely within the property of the nonresidential
use along the edge of parking lots and property lines that abut residentially
zoned lots or uses to prevent any and all reflection of lights and
to prevent windblown or other debris from being blown or transported
to or be visible from the adjacent or neighboring residential premises.
Buffering should be designed to reduce the impacts of noise and movement
of people and vehicles and to shield activities from adjacent properties
and nearby roadways. Buffering should consist of fencing, landscaped
berms, evergreens, shrubs, bushes, deciduous trees, plants, or a combination
thereof, and should be installed to have an immediate positive impact.
(d)
A five-foot wide grass/landscaped area shall be established
and maintained along the John F. Kennedy Boulevard roadway frontage.
(e)
Landscaping shall be incorporated at the base of freestanding
signs. A minimum depth of 36 inches should be incorporated around
the base of the sign to include low-growing shrubs and ground cover
and/or flowering annuals to promote color.
(4)
Connectivity between sites. A system of joint-use driveways and cross-access
easements shall be established wherever feasible along the building
site and shall incorporate the following:
(a)
A continuous service drive or cross access extending the entire
length of each parcel served to provide for driveway separation consistent
with access management classification system standards;
(b)
Stub-outs and other design features to make it visually obvious
that the abutting properties may be tied in to provide cross access
via a service drive; and
(c)
A unified access and circulation system plan that includes coordinated
or shared parking areas is encouraged.
L.
PPOD Palisades Preservation Overlay District.
(1)
Purpose. The purpose of this overlay district is to provide for reasonable
control of development within areas of steep slopes along the Palisades
in the City of Union City. The regulations of this overlay district
are intended to minimize the adverse impact caused by the development
of such areas, including, but not limited to, erosion, siltation,
flooding and surface water runoff. The disturbance of soil and construction
and development on steep slopes and cliff faces creates an additional
hazard to the lives and property of those dwelling on the slopes and
below them. The most appropriate method of alleviating such conditions
is through the regulation of such vegetation and soil disturbances,
construction and development. Therefore, it is determined that the
special and paramount public interest in these slopes justifies the
regulation of property located thereon as provided below, which is
the exercise of the police power by the City for the protection of
persons and the property of its inhabitants and for the preservation
of the public health, safety and general welfare.
(2)
Establishment of district.
(a)
There is hereby established within the City of Union City an
area which shall be known as the Palisades Preservation Overlay District
(PPOD), in which land development and construction shall be subject
to the special regulations contained in this section.
(b)
The PPOD shall be designated on the Zoning Map of the City of Union City and shall run along the Palisades from 20th Street to the Jersey City boundary line.
(c)
The PPOD shall prevail upon all land regulated under this chapter,
as well as those properties within a duly adopted redevelopment area.
(d)
All uses permitted in the zone shall meet all setback regulations
and performance standards. This provision shall apply to any use permitted
by right, by conditional use or by use variance.
(3)
Applicability.
(a)
Applicants for site plan or subdivision approval shall submit
all information required under this section to the appropriate approving
authority.
(b)
Applicants for construction permits, including the construction
of buildings, walls, driveways or other structures or the clearing
of land shall submit an application with the information required
in this section to the City Building Department whenever development
is proposed within the Palisades Preservation Overlay District to
ensure that the proposed development of the lot will respect the natural
features of the tract and minimize adverse impacts associated with
such clearing and/or construction.
(4)
Procedural regulations. The following information shall be submitted in addition to any information required to be submitted for site plan and subdivision applications as required in Article IV:
(a)
A topographic map of the site at two-foot contour intervals
(drawn in a lighter line weight) where the slope is less than 10%,
and ten-foot contour intervals (drawn in a heavier line weight) where
the slope exceeds 10%.
(b)
A land form analysis which shows the location and extent of
the site's major landforms, including the top of the cliff, the cliff
face, the side slope and the base of the slope. Any exposed cliff
face shall be shown. The area in each land form category shall be
calculated and shown on the land form analysis.
(c)
A physical description of the site which shall include a technical
summary of site characteristics such as soils, load-bearing capacity,
erosion potential, depth to bedrock, etc.
(d)
Site grading and development data which shall include the type
and location of development activity, procedures for grading, excavation,
construction access and stockpiling, extent and phasing of construction
and cut and fill operations.
(5)
Permitted uses and bulk. The uses permitted in underlying zoning
districts shall be permitted in the PPOD. The applicable bulk standards
for the underlying zones shall apply, as modified by the regulations
of the PPOD. The standards of the PPOD are the basis for development
design in the overlay zone unless the requirement of the underlying
zone district standard is more restrictive. In such cases, the more
restrictive standard would govern.
(6)
Permitted limit of disturbance.
(a)
The minimum building setback line from the edge of the cliff
face at the top of the cliff shall be 30 feet. The minimum building
setback line from the edge of the cliff face at the base of the cliff
shall be 65 feet.
(b)
For purposes of preservation of the Palisades cliff face, no
portion of any building or structure shall be constructed on that
portion of a lot which has a grade, prior to such construction, in
excess of 30%, or on any portion of the lot, which lies within 10
feet of the portion having such grade.
(c)
Limited disturbance of steep slope areas is permitted under
conditions is referenced herein but only in the following degree and
under said conditions:
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Steep Slope Category
|
Maximum Disturbance
| |
|---|---|---|
|
5% to 9.99%
|
70%
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|
10% to 14.99%
|
40%
| |
|
15% to 29.99%
|
10%
| |
|
30% or greater
|
0%
|
(d)
No portion of a building built below the Palisades within the
PPOD and within 450 feet of the cliff face, including all bulkheads,
parapets and penthouses, shall extend into the area occupied by the
top 25% of the distance between the top of cliff and the lowest portion
of existing grade of a development site.
(7)
Performance standards.
(a)
Any exposed soils shall be stabilized both during and after
construction and development.
(b)
The number and extent of cuts shall be minimized to prevent
groundwater discharge.
(c)
The maximum number of trees and other vegetative cover shall
be preserved.
(d)
Soil and rock slippage shall be impeded, and any environmentally
sensitive areas shall be protected.
(e)
Improvements shall be designed to follow the natural contours
of the land and to provide the least disruption to the land form.
(f)
Blasting shall not be conducted unless clearly necessary for
site preparation. Blasting shall be conducted during daylight hours
consistent with state and municipal laws.
(8)
Design and construction standards.
(a)
The lowest lateral dimension of any building greater than three
stories in height must be oriented perpendicular to the Hudson River.
(b)
The uppermost point of a cut slope shall not be higher than
the top of the nearest downhill structure or building.
(c)
Vegetation shall be reestablished on all exposed fill slopes.
Exposed graded areas shall be mulched and seeded to provide a basic
ground cover which will prevent erosion and permit revegetation. In
the alternative, these areas may be riprapped and blended into the
natural setting.
(d)
Parking spaces and lots in addition to walkways shall not be
in excess of six-percent slope unless a provision is made to ease
pedestrian access either by ramps or steps.
(e)
Fill material shall not consist of or include organic material,
nor rocks greater than eight inches in diameter.
(f)
Fill material shall be compacted to 90% of maximum density.
(g)
No parking structure shall be located so as to hang over the
edge of the cliff face. All such structures shall be depressed into
the ground area.
(9)
Minor steep slope areas.
(a)
The approving authority or Building Department may disregard
small isolated pockets of steep slope areas that are under 1,000 square
feet in size in their assessment of total disturbed area where such
action would be in the interest of good planning, not seriously impair
the purposes of this chapter and would otherwise result in practical
difficulties to the applicant.
(b)
Where, however, the approving authority or the Building Department
finds such pockets to be significantly proximate and of such size
so as to constitute a substantial contiguous area, the reviewing authority
may consider them significant and subject to regulation under this
chapter. In such case they would be included in the calculation of
disturbed steep slope area.
(10)
Time for decision.
(a)
Where the request for steep slope disturbances is part of a
site plan, subdivision or variance application, the time periods regulating
those applications shall apply.
(b)
Where the request for steep slope disturbance is part of a construction
permit application that does not require site plan or subdivision
approval, the Construction Department shall approve, approve with
conditions or deny an application for a steep slope disturbance approval
within 45 days from the date of submission of a completed application.
M.
UTOD Uptown Transit Oriented Development Overlay District.
(1)
Purpose. The purpose of the Uptown Transit Oriented Development (UTOD)
Overlay District is to offer incentives to encourage property owners
to develop their properties using transit-oriented design principles
while preserving rights permitted by underlying district designations.
The UTOD Overlay District is established to:
(a)
Promote new, well-integrated residential, commercial, office,
institutional and other employment center development close to the
light rail transit station, while protecting and enhancing existing
development;
(b)
Ensure that new development takes advantage of compatible, higher
density, transit-friendly design opportunities in close proximity
to transit systems in order to provide options for economic development;
(c)
Manage parking and vehicular access utilizing shared parking
and driveway access to avoid pedestrian conflicts; and
(d)
Encourage, through design, configuration, and mix of buildings
and activities, a pedestrian-oriented environment which provides settings
for social interaction and active community life.
(2)
Applicability. To implement the UTOD in a manner consistent with its stated purpose, the district shall serve as an overlay zone, or optional development alternative, to the existing underlying zoning districts as specified on the City's Zoning Map. If a developer/redeveloper chooses the UTOD overlay option, the standards and requirements, including permitted uses, described in this chapter shall apply. Although the underlying zoning remains in place, the UTOD District designation encourages mixed-use development close to mass transit systems while enhancing and complementing existing and adjacent development. An applicant must follow the provisions of either of the underlying district or the UTOD District.
(3)
Permitted principal uses.
(a)
Retail sales and personal service establishments.
(b)
Restaurants and bars, but excluding drive-through windows.
(c)
Banks, excluding drive-through banks.
(d)
Theaters.
(e)
Fitness centers.
(f)
Apartments (upper floors only) in a low-rise or mid-rise apartment
building that has one or more permitted nonresidential uses on the
ground floor.
(g)
Live/work units (upper floors only).
(h)
Offices (upper floors only).
(i)
Medical offices (upper floors only).
(j)
Child-care centers.
(4)
Permitted accessory uses: uses which are customarily incidental and
accessory to the principal use as permitted herein.
(5)
Permitted conditional uses: public and private parking garages.
Any use permitted as a conditional use in a particular zoning
district shall comply with the applicable standards pertaining to
such use listed in this section. A conditional use that complies with
all such applicable standards shall be subject to review by the Planning
Board. Deviations from the standards for a particular conditional
use listed in this section shall only be permitted if the Zoning Board
of Adjustment grants a variance to permit such a deviation pursuant
to N.J.S.A. 40:55D-70d(3).
A.
Car washes. A car wash shall be permitted as a conditional use in
the MU District, provided that it complies with the following standards:
(1)
It shall be located on a lot with street frontage of at least 100
feet on John F. Kennedy Boulevard or Kerrigan Avenue.
(2)
The minimum lot area shall be 10,000 square feet.
(3)
A car wash shall be completely enclosed for all operations, except
final hand-drying operations, which may take place on a surface lot.
(4)
Outdoor storage and display of accessories, portable signs and outdoor
repair work shall be prohibited at all times. The premises shall not
be used for the sale, rental or display of automobiles, trailers,
mobile homes, boats or other vehicles.
(5)
A minimum of eight waiting spaces shall be provided on the premises.
Such spaces may be provided on a surface lot or indoors. No waiting
shall be permitted within the public right-of-way.
(6)
Any automatic car wash shall be so soundproofed, the entire development
shall be so arranged, and the operations shall be so conducted that
the noise emanating therefrom, as measured from any point on adjacent
property, shall be no more audible than the ambient noise emanating
from the ordinary street traffic and from other commercial or industrial
uses in the area measured at the property boundary line.
(7)
No vehicles shall be stored outdoors when the business is closed.
(8)
There shall be no more than two curb cuts for each street on which
the car wash has frontage, and the maximum width of any curb cut shall
be 10 feet for one-way traffic and 20 feet for two-way traffic.
B.
Drive-through banks. A drive-through bank shall be permitted as a
conditional use in the C-G and MU Districts, provided that it complies
with the following standards:
(1)
It shall be located on a lot with street frontage of at least 100
feet on John F. Kennedy Boulevard or Kerrigan Avenue.
(2)
The minimum lot area shall be 10,000 square feet.
(3)
No transaction window or speaker shall be located less than 25 feet
from any property line or 50 feet from a property line of any residential
use or a boundary of the R or R-M District.
(4)
Such use shall comply with all applicable City ordinances and state
statutes and regulations pertaining to noise.
(5)
No drive-through window shall face any public right-of-way.
C.
Drive-through restaurants. A drive-through restaurant shall be permitted
as a conditional use in the C-G District, provided that it complies
with the following standards:
(1)
It shall be located on a lot with street frontage of at least 150
feet on John F. Kennedy Boulevard.
(2)
The minimum lot area shall be 15,000 square feet.
(3)
No transaction window or speaker shall be located less than 25 feet
from any property line or 50 feet from a property line of any residential
use or a boundary of the R or R-M District.
(4)
Such use shall comply with all applicable City ordinances and state
statutes and regulations pertaining to noise.
(5)
No drive-through window shall face any public right-of-way.
D.
Greyfield redevelopments. A greyfield redevelopment shall be permitted
as a conditional use in the R, C-G and C-N Districts, provided that
it complies with the following standards:
(1)
Purpose. The City has determined that greyfields as defined by this
chapter threaten the health, safety and general welfare of the residents
of the City of Union City. Many of these properties are contaminated
with hazardous substances and pose a health risk to nearby residents
and a threat to the environment. The City finds that these properties
should be treated independently within the permitted classification
of uses with specific redevelopment standards to encourage their redevelopment
and remediation where contamination is present. Therefore the City
finds that greyfields may be redeveloped in accordance with the following
conditional use standards.
(2)
A greyfield may be redeveloped in accordance with the requirements
of the zone in which it is located. Alternatively, a greyfield may
be developed as a mid-rise apartment building if it complies with
the following requirements:
(a)
Minimum lot area: 7,500 square feet.
(b)
Minimum lot width: 75 feet.
(d)
Minimum side yard: five feet (one), 15 feet (both).
(e)
Minimum rear yard: 25 feet.
(f)
Maximum building height: four stories/50 feet (five stories/60
feet for lot area of 15,000 square feet or greater).
(g)
Maximum building coverage: 50%/70% when parking provided in
building.
(h)
Maximum lot coverage: 75%/90% when parking provided in building.
E.
Institutional uses. Institutional uses permitted as conditional uses
in certain zone districts shall comply with the following standards.
Specific uses regulated by this subsection are as follows: clubs in
the R, R-M and MU Districts; places of worship in the R, R-M, C-C,
C-G, C-N and MU Districts; and schools in the R, R-M, C-C and C-G
Districts.
(1)
Minimum lot area: 5,000 square feet.
(2)
Minimum frontage: 50 feet.
(3)
Minimum front yard: 10 feet. No parking shall be permitted between
the front building line and the street right-of-way.
(4)
Minimum rear yard: 30 feet.
(5)
Minimum side yards (each): same as zoning district requirements for
permitted uses.
(6)
Maximum building height (excluding spires, steeples, cupolas, and
other ornamentation): same as zoning district requirements for permitted
uses.
(7)
Maximum lot coverage: 75%.
(8)
Maximum building coverage: 50%.
(9)
Minimum parking setback from property lines: five feet.
F.
Major home occupations. A major home occupation shall be permitted
as a conditional use in the MU District, provided that it complies
with the following standards:
(1)
The practitioner must be the owner or lessee of the residence in
which the major home occupation is contained.
(2)
The practitioner must reside in the home.
(3)
The practitioner shall not engage the services of more than two office
employees. Use of the office by groups of other persons shall not
be permitted.
(4)
The major home occupation shall not occupy more than 50% of the total
area of the floor where located, excluding space used for a private
garage or 900 square feet, whichever is smaller.
(5)
No client shall, in such relationship, remain on the premises overnight.
(6)
No retail sales shall be conducted on the site.
(7)
Adequate parking spaces shall be provided in accordance with the
parking standards of this chapter so that no parking related to the
major home occupation shall occur on the street.
(8)
No equipment or process shall be used in such major home occupation
which creates noise, glare, fumes, odors, electrical interference,
medical waste or other nuisance factors detectable to the normal senses
or to radio, telephone or television equipment off the lot.
G.
Nonaccessory parking lots.
(1)
A
nonaccessory parking lot shall be permitted as a conditional use in
the R, R-M, C-C, C-G, C-N and MU Districts, provided that it complies
with the following standards:
(2)
Landscaping
and/or fencing not less than four nor more than six feet in height,
maintained in good condition, shall be provided adjacent to side and
rear property lines in order to prevent impacts on adjacent properties.
H.
Public and private parking garages. A public or private parking garage
shall be permitted as a conditional use in the R-M, C-C, C-G, C-N,
MU and UTOD Districts, provided that it complies with the following
standards:
(1)
Bulk regulations. Parking garages shall adhere to the principal building
setback regulations for the district in which they are located. The
following limitations shall apply in addition to the setback requirements:
(c)
Maximum height. The maximum height for a parking garage serving
private uses shall be the same as for the district in which it is
located.
(d)
Maximum lot coverage. The maximum lot coverage for a parking
garage serving public uses and located within 100 feet of the public
building it is intended to serve shall be 95%. For other parking garages,
the lot coverage requirements for the district in which the garage
is located shall apply.
(2)
Principal uses permitted in parking garages. In addition to off-street
parking, the following uses shall be permitted on ground level facing
the street in a parking garage:
(3)
Accessory uses shall be those permitted for the above uses, subject
to all applicable requirements of this chapter.
(4)
A parking garage serving public uses and located within 100 feet
of the public building it is intended to serve may be connected to
said building by a pedestrian bridge.
(5)
For any parking spaces visible from adjacent properties, landscaping
and/or fencing not less than four nor more than six feet in height,
maintained in good condition, shall be provided adjacent to side and
rear property lines in order to prevent impacts on said properties.
A wireless telecommunications facility shall be permitted as
a conditional use in the R-M, C-C, C-G and MU Districts, provided
that it complies with the following standards:
A.
Purpose. The purpose of this section is to regulate the location,
placement, operation and maintenance of wireless telecommunication
(WT) technology within the City of Union City.
(1)
This section is intended to meet the requirements of the Telecommunications
Act of 1996, while at the same time reasonably regulating WT technology
within the City.
(2)
This section is also intended to protect the City from the visual
or other adverse impacts of these facilities, while encouraging their
unobtrusive development to provide comprehensive wireless telecommunications
services in the City with its attendant benefits to residents and
businesses.
B.
Siting priorities. Pursuant to the needs analysis required by § 223-44G(2) below, an application to install, construct, erect, move, reconstruct or modify any WT antenna shall be subject to siting priorities as follows:
(1)
If the analysis demonstrates that it is reasonably necessary to install,
construct, erect, move, reconstruct or modify a WT antenna within
the City of Union City, then, subject to all other permitted conditional
use standards, the proposed WT antenna may be located upon an existing
building or other structure within the R-M, C-C, C-G and MU Districts.
(2)
If the analysis demonstrates that it is not reasonably practicable
to install, construct, erect, move, reconstruct, or modify the proposed
WT antenna upon an existing building or structure within the R-M,
C-C, C-G and MU Districts, then, subject to all other permitted conditional
use standards, the proposed WT antenna may be may be flush-mounted
on an existing building within the C-N District only.
C.
WT antennas. WT antennas shall be consistent with the following requirements:
(1)
Microwave dishes, cones, or other antennas used for the purpose of
point-to-point microwave transmission or microwave links are expressly
prohibited.
(2)
Platform-mounted or side-arm-mounted antennas of any kind are expressly
prohibited.
(3)
Subject to the siting priorities set forth in above, WT antennas
may be flush-mounted on existing buildings or other structures or
on WT towers, provided that:
(a)
WT antennas mounted on existing buildings or other structures
shall not, when combined with the height of the building or structure
on which they are located, exceed the maximum permitted height in
the zone or the height of the existing building or structure, whichever
is greater, except when mounted on the face of new or existing mechanical
rooms or structures on the roof of the building.
(b)
WT antennas mounted on WT towers shall not extend beyond the
height limitations for such towers.
(c)
WT antennas shall be constructed, finished, painted and otherwise
camouflaged so as to blend in with their background and minimize their
visual impact on the landscape. Decorative screening of WT antennas
shall be provided when mounted on the roof of a structure.
D.
WT towers. WT towers shall be consistent with the following requirements:
(1)
WT towers shall be limited to monopole designs only. Freestanding
lattice towers and guyed towers of any kind are prohibited.
(2)
Unless technologically infeasible, WT towers shall be designed to
permit co-location of additional antennas.
(3)
The maximum height of any WT tower, including any WT antennas or
other equipment mounted thereon, shall not exceed 75 feet, except
where sufficient engineering data clearly establishes that existing
trees or buildings will interfere with the proper operation of the
WT antennas, the height may be increased to a maximum of 100 feet.
(4)
No WT tower shall be lighted except as may be required by state or
federal law.
(5)
No WT tower shall bear any signs, displays, or advertisements of
any kind except as may be required by law.
(6)
WT towers shall be constructed, finished, painted and camouflaged
to blend in with their background and minimize their visual impact
on the landscape.
(7)
WT equipment and WT equipment compound. All WT equipment shall be
housed within a WT equipment compound, consistent with the following
requirements:
(a)
WT equipment compounds shall be enclosed within a locked security
fence at least seven feet in height, unless located within or on the
roof of an existing building.
(b)
No WT equipment compound nor any WT equipment housed therein
shall exceed 12 feet in overall height.
(c)
WT equipment compounds, including the fence enclosure, shall
be constructed, finished, painted and camouflaged to minimize their
visual impact on the landscape.
(d)
When WT equipment is installed on the roof of a building, the
area of the WT equipment and other structures permitted on the roof
of the building shall not exceed 25% of the total roof area.
(e)
Landscaping shall be provided along the perimeter of the WT
equipment compound to provide a visual screen or buffer for adjoining
private properties and the public right-of-way. Required front yard
setback areas shall also be landscaped for the same purpose. All WT
equipment shall be screened by an evergreen hedge seven to 10 feet
in height at planting time or a solid or semisolid fence, or both.
E.
Visual impact. The applicant shall demonstrate that all reasonable efforts were employed to camouflage and minimize the visual impact of any WT technology installed or constructed pursuant to the provisions of the article. All WT technology shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under § 223-44B above shall be deemed more acceptable than lower priority sites.
(1)
Sites for WT technology must demonstrate that they provide the least
visual impact on residential areas and public ways. All potential
visual impacts must be analyzed to illustrate that the selected site
provides the best opportunity to minimize the visual impact of the
proposed facility.
(2)
WT technology shall be located to avoid being visually solitary or
prominent when viewed from residential areas and the public right-of-way.
Vegetation, tree cover, topographic features and/or other structures,
whether natural or manufactured, shall obscure the facility to the
maximum extent feasible.
(3)
WT technology shall be placed to ensure that historically significant
viewscapes, streetscapes, and landscapes are protected. The views
of and vistas from architecturally and/or significant structures shall
not be impaired or diminished by the placement of telecommunication
facilities.
(4)
WT technology shall fully conform with all applicable state, federal
and local laws.
(5)
Routine maintenance of WT technology shall be limited to the hours
of 7:00 a.m. to 7:00 p.m.
F.
Setback requirements for the location of WT technology.
(1)
The minimum setback from any school lot line or other lot line on
which a licensed educational facility is located shall be 100 feet.
(2)
The minimum setback from the nearest lot line of a one-family, two-family
or three-family home shall be 100 feet.
(3)
No WT technology shall be located in the required setbacks of any
lot.
(4)
No WT technology shall be located on any one- to three-family residential
property nor on any nonconforming use.
G.
Additional site plan requirements.
(1)
In addition to compliance with all applicable zoning and site plan
requirements, applications for approval of WT technology shall include
the following:
(a)
The color or colors of the proposed WT equipment and the camouflage
methods used;
(b)
A map of existing WT technology within the City of Union City
which is owned, leased or otherwise under the custody, control, or
use of the applicant at the time of application, and of sites within
the City of Union City where WT technology is proposed or projected
to be installed, constructed, erected, moved, reconstructed and/or
modified by or for the benefit of the applicant within the next six
months;
(c)
A certified load analysis report for the building, structure,
existing WT tower, or proposed WT tower upon which a WT antenna is
proposed to be located, indicating its ability to support the proposed
WT antenna and possible future, co-located WT antennas;
(d)
The approving authority may waive any of these requirements,
for good cause shown, where an application is made to locate the proposed
WT antenna upon an existing building, structure, or WT tower.
(2)
Needs analysis. The needs analysis shall contain documentary evidence
demonstrating the need for the proposed installation, construction,
erection, movement, reconstruction or modification of any WT technology
within the City. This evidence shall include, at a minimum:
(a)
The WT service provider's wireless telecommunications network
layout and coverage area for a radius of at least one mile from the
zone district where the WT technology is planned, identifying all
locations:
(b)
All results and, to the extent requested by the approving authority,
supporting data derived from tests which must be conducted to determine
before and after signal strength plots. These results and data:
[1]
Shall demonstrate the actual existing signal coverage in effect
at the time of application, contrasted with the proposed signal coverage
which would result from the proposed installation, construction, erection,
movement reconstruction, or modification of WT technology within the
City of Union City; and
[2]
Shall be certified by a qualified radio frequency engineer.
The City reserves the right to retain a radio frequency engineer on
its own behalf at the applicant's expense to review the results
or data submitted by the applicant.
(c)
A search ring of the zone in which the WT technology is proposed,
prepared by a qualified radio frequency engineer and overlaid on an
appropriate background map, demonstrating the area within the zone
where the WT technology needs to be located in order to provide reasonably
necessary signal strength and coverage to the target cell.
(d)
In connection with the signal strength plots and search ring
described above, the applicant must provide a report prepared by a
qualified radio frequency engineer which explains why the proposed
location was selected and which specifically addresses at a minimum:
[1]
If the applicant proposes to install, construct, erect, move,
reconstruct or modify a WT antenna upon an existing structure or building
why it is reasonably necessary to locate that WT antenna within the
City of Union City.
[2]
If the applicant proposes to install, construct, erect, move,
reconstruct or modify a WT antenna upon an existing WT tower:
[3]
If the applicant proposes to install, construct, erect, move,
reconstruct and/or modify a WT antenna upon a new WT tower:
[a]
Why it is reasonably necessary to locate that WT
antenna within the City of Union City; and
[b]
Why it is not reasonably practicable to locate
or co-locate that WT antenna upon an existing building or structure
within the zone; and
[c]
Why it is not reasonably practicable to locate
or co-locate that WT antenna upon an existing WT tower within the
zone.
|
These requirements do not apply to changing the direction of
any existing WT antenna.
|
[4]
The maximum permissible exposure analysis for the power at which
this proposed WT technology is expected to operate, subject to all
applicable state and federal regulations in effect at the time of
the installation.
H.
The following criteria shall be considered by the approving authority
prior to the approval or denial of a request for a conditional use
application for WT technology. These criteria may be used as a basis
to impose reasonable conditions on the applicant.
(1)
Aesthetics. WT technology shall be located, buffered and camouflaged
to the maximum extent practicable and technologically feasible to
help ensure compatibility with surrounding land uses. In order to
minimize any adverse aesthetic effect on neighboring residences to
the extent possible, the approving authority may impose reasonable
conditions on the approval of the application including the following:
(a)
The approving authority may require the applicant to show that
it has made good-faith efforts to minimize the height of proposed
towers; to co-locate on existing buildings, structures or WT towers;
or to locate proposed new WT towers near existing towers in an effort
to consolidate visual disturbances.
(b)
The applicant must submit a copy of its policy regarding co-location
with other potential applicants on any proposed WT tower.
(c)
The approving authority may require the applicant to use additional
camouflage and/or otherwise modify the proposed construction to minimize
the visual impact of the WT technology.
(2)
Radio frequency emissions. The proposed WT antenna shall be operated
such that exposure to the RF emissions in normally accessible locations
remain within Federal Communications Commission (FCC) exposure guidelines
and comply with other related state or federal regulations or requirements.
The approving authority may impose conditions on the applicant that
competent documentation be provided which establishes that the proposed
WT antenna will comply with these guidelines and requirements, and
that operation of the proposed WT antenna will not interfere with
radio and television reception or with the operation of any other
consumer or medical device.
(3)
Removal of WT technology. The applicant shall agree to remove any
WT technology if all or part of any such WT technology becomes obsolete,
is unrepaired for an unreasonable period, or ceases to be used for
its intended purpose for 12 consecutive months.
(a)
The City of Union City may, at its sole discretion, require
the applicant to provide a demolition bond to the City of Union City
for the purpose of assuring the removal of any WT technology in accordance
with the provisions of this section.
(b)
The applicant will be responsible for providing, on an annual
basis, written estimates to the City of Union City for the cost to
demolish and/or remove the WT technology and to restore the land upon
which it is located. Such estimates will be used to establish whether
any adjustment is required in the amount of the required demolition
bond.
(c)
Structural safety. Upon written request from the City of Union
City at any time during the application process or after the installation,
construction, erection, movement, reconstruction, or modification
of any WT technology, the applicant shall provide a report from a
licensed professional engineer certifying as to the condition of the
WT technology with respect to applicable structural safety standards.
Such requests from the City shall not occur more often than once every
three years.
[1]
If the engineer's report recommends that repairs or maintenance
are required, then a letter shall be submitted to the City which shall
contain a reasonable schedule for the required repairs or maintenance.
[2]
Upon their completion, a letter shall promptly be submitted
to the City of Union City to certify same.
[3]
In the event the applicant fails to comply with these requirements
regarding structural safety, the City of Union City reserves the right
in addition to all of its other rights and remedies available under
state, federal and local law to declare the applicant in default of
its obligations under this chapter.
[4]
Should that occur, the applicant will have 30 days to notify
the City as to how it intends to cure its default, setting forth a
reasonable schedule for same.
[5]
In the event the applicant fails to so notify the City, or fails
to cure as agreed, the City may draw on the applicant's demolition
bond and arrange for the removal and/or demolition of the applicant's
WT technology; declare the WT technology to be abandoned and arrange
for the public auction of the WT technology; and/or pursue such other
remedies at law and in equity as may be available.
[6]
Nothing in this section shall be construed to limit the applicant's
liability for criminal prosecution.
(4)
Technical consultants. The approving authority may retain technical
consultants as it deems necessary to provide assistance in the review
of the application, the technical support data, and the proofs and
documents submitted to demonstrate compliance with the ordinance.
The applicant shall bear the reasonable costs associated with such
review and consultation, which cost shall be deposited in accordance
with the City's escrow provisions.
A.
Permit required; application; issuance of permits; fees.
(1)
Application. No sign shall be erected, altered, located or relocated
within the City, except upon application and the issuance of a permit
as hereinafter provided along with appropriate permits required by
the Uniform Construction Code.
(2)
Application for a permit for residential signs. Application for a permit for a sign for premises used for residential purposes shall be made, in writing, to the Construction Official or his designee and presented, together with the filing fee required by Chapter 155, Fees, and Uniform Construction Code where applicable. Such application shall be sufficient to describe the premises and the location at which the sign is to be affixed, together with a rendering of the sign, inclusive of its dimensions, design and color, and shall be submitted on a form proscribed by the Construction Official. There shall also be provided a statement as to the means by which such sign shall be constructed on the premises. The Construction Official or his designee shall act upon such application within 20 business days of the receipt thereof. A failure to approve the application within 20 business days shall constitute a denial of the application.
(3)
Application for a permit for nonresidential signs. Any sign associated
with a change in occupancy or ownership necessitates an application
for a sign permit. Application for a permit for a permitted nonresidential
sign conforming to the regulations set forth herein shall be made,
in writing, to the Construction Official. Such application shall be
sufficient to describe the premises and location at which the sign
is to be affixed and shall include, at a minimum, the following items:
(a)
The name and address of the applicant and name and the address
of the company constructing and installing sign.
(b)
The name and address of the owner of the premises.
(c)
A statement as to whether the owner has consented to the application,
if the applicant is other than the owner.
(d)
A rendering to scale which must show the front elevation and
height of the nonresidential space along with the front elevation
and height of the adjacent stores, indicating the following dimensions:
dimension of the overall width of the storefront; dimension of the
overall width of the sign; dimension and depth for the height of the
letters; dimension of the depth of the total sign.
(e)
The exact size and style of lettering, artwork and materials
used in the sign.
(f)
Drawings shall be accurate to scale and shall specify all details
of sign construction, including materials, thickness, color, wiring,
tubing, transformer specifications, and mounting details.
(g)
An applicant must submit:
[1]
Five printed color photographs of the storefront.
[2]
Five printed color photographs from a distance, showing the
storefront in relation to the adjacent stores as well as all other
signs on the building.
[3]
Five color photographs of the facade with the sign superimposed
to scale as to how it will relate to the building.
(h)
Issuance of permit; fees. Every applicant, before being granted a permit hereunder, shall pay the City filing fee required by Chapter 155, Fees, and the Uniform Construction Code where appropriate for each such sign or other advertising structure regulated by this chapter. The Construction Official or his designee shall act upon such application for a permit within 20 days of the receipt thereof. If not granted, it shall be deemed denied.
(i)
Exceptions. The provisions and regulations of this subsection
concerning permits and fees shall not apply to the following signs:
[1]
Real estate signs not exceeding 12 square feet in area which
advertise the sale, rental or lease of the premises upon which such
signs are located only.
[2]
Residential nameplates identifying a single-family residence
and/or street address, not to exceed one square foot in area.
[3]
A sign identifying the architect, engineer or contractor. When
placed upon a work site under construction, the sign shall not exceed
16 square feet in area, provided that the sign is set back at least
15 feet from the curb, and further provided that the same is removed
within 24 hours after a final certificate of occupancy is issued.
[4]
Memorial signs or tablets, names of buildings and date of erection,
when cut into any masonry surface or when constructed of bronze or
other incombustible materials.
[5]
Traffic or other municipal signs, legal notices, railroad crossing
signs, danger signs and such temporary, emergency or nonadvertising
signs or signs of any governmental agency deemed necessary to the
public welfare.
[6]
Flags of the United States, the State of New Jersey or other
governmental or quasi-public agencies, subject to reasonable size
and location.
[7]
Holiday decorations and lights on residential and nonresidential
premises.
[8]
Signs erected to control the movement of traffic on premises,
provided that these signs shall provide traffic directions only and
shall not be used for any advertising purpose. These signs shall not
exceed four square feet in area and shall have been approved by the
appropriate approving authority.
[9]
Political signs. Any sign, notice, poster or other device calculated
to convey a preelection political message or to obtain votes for a
particular candidate, slate of candidates, public question or political
issue, when the same is placed in the view of the general public.
B.
Computation of sign area and sign height. The following principles
shall control the computation of sign area and height:
(1)
Computation of area of individual signs. The area of a sign face
shall be computed by drawing a square or rectangle that will encompass
the extreme limits of the writing, representation, emblem or other
display, together with the sign frame and any material or color forming
an integral part of the background of the display or used to differentiate
the sign from the backdrop or structure against which it is placed,
or by delineating the area established by reason of distinctive variation
in background color or by borders, whichever is greater.
(2)
Computation of area of multifaced signs. The sign area for a sign
with more than one face shall be computed by adding together the area
of all sign faces visible from any one point. When two identical sign
faces are placed back to back, so that both faces cannot be viewed
from any point at the same time, and when such signs faces are part
of the same sign structure and are not more than 42 inches apart at
any point, the sign area shall be computed by the measurement of one
of the faces.
(3)
Computation of height. The height of a sign shall be computed as
the distance from the base of the sign at grade to the top of the
highest attached component of the sign.
C.
Regulations governing nonresidential signs.
(1)
Freestanding signs. Freestanding signs shall comply with the following
regulations:
(a)
No freestanding sign shall exceed an area of one square foot
in size for every 10 feet of linear street frontage or 24 square feet,
whichever is greater.
(b)
The maximum height of a freestanding sign shall be 20 feet.
(c)
Freestanding signs shall have an open area not less than three
feet between the base line of such sign and the ground level. This
open space may be filled in with a platform or decorative latticework,
which shall not close off more than 1/2 of said open space underneath
a sign.
(d)
Freestanding signs shall be setback a minimum of 10 feet from
the street right-of-way line and a minimum of 10 feet from side lot
lines.
(e)
Only one freestanding sign shall be permitted for any single
development or lot.
(f)
Freestanding signs shall advertise only the permitted use, products
or service located on the premises on which they are placed.
(2)
Wall signs. Wall mounted signs shall comply with the following regulations:
(a)
Wall signs shall advertise only the permitted use, products
or service on the premises on which they are displayed.
(b)
One wall sign may be placed along the street frontage, provided
that it does not exceed 10% of the total surface area of the building
face upon which it is placed or 32 square feet, whichever is lesser.
(c)
In those cases where a parcel or lot has more than one street
frontage, one wall sign may be placed on each street frontage, provided
that such wall sign shall not exceed 10% of the total surface area
of the building face upon which it is placed or 24 square feet, whichever
is lesser.
(d)
For buildings and property containing more than one business
or tenant, and where each business tenant occupies a physically distinct
ground floor space or has a separate ground floor entrance, each business
or tenant may have one wall sign conforming to the requirements of
this section. For the purposes of determining the sign area permitted,
only the face of each respective lease unit to which the respective
sign will be attached shall be counted. Each sign must be attached
to the leased unit containing the business tenant identified.
(e)
No wall sign shall be placed above the first floor of any structure.
(f)
No wall sign shall cover, wholly or partially, any wall opening
nor project beyond the ends or top of the wall to which it is attached.
(g)
No wall sign shall be permitted to project forward more than
six inches from the building nor be attached to a wall at a height
of less than eight feet above the sidewalk or ground.
(h)
No wall sign shall be erected, relocated or maintained so as
to prevent free ingress to or egress from any door, window, or fire
escape.
(i)
Signs placed perpendicular to a wall of facade shall be prohibited.
(3)
Window signs. Wall signs shall comply with the following regulations:
(a)
In addition to any sign or signs permitted pursuant to Subsection C(2) above, window display signs as well as affixed window signs limited to indicate membership in a retail or professional organization or credit card or credit association, to show manufacturers' or required licenses or advertisements referable to sales within, shall be permitted, provided that the aggregate area employed for such purpose shall not exceed 10% of the total window area on which it is located.
(b)
Signage is also permitted for a second floor professional office
use that shall not exceed 25% of the glass area of one window facing
the street frontage. If a second floor professional office use includes
frontage on more than one street, window signage may be placed in
one window facing the additional street frontage that shall not exceed
15% of the glass area of the window. A permit shall be obtained for
second floor window signage from the Construction Official.
(c)
No window signs under this section can be illuminated.
D.
Regulations governing residential signs. Residential signs, including
name and address plates, professional nameplates, real estate signs
and contractor signs as provided herein, are permitted in accordance
with the applicable standards defined below:
(1)
One real estate sign not exceeding six square feet in area within
the R District or one real estate sign not exceeding 10 square feet
for all other uses in all other residential districts which advertise
the sale, rental or lease of the premises upon which said sign is
located.
(2)
Residential nameplates identifying a residence and/or street address,
not to exceed one square foot in area.
(3)
One multifamily identification sign not more than one square foot
for each 10 linear feet of street frontage, but in no case to exceed
32 square feet in size per face shall be allowed per multifamily development
project except where the project fronts on two or more streets. One
sign shall be permitted on each frontage, provided that the project
has a major traffic entrance on the street where the sign is to be
erected. Multifamily identification signs shall not exceed eight feet
above grade.
(4)
One professional nameplate not exceeding one square foot in area
for lawful occupants of the premises under this chapter.
(5)
One bulletin board or sign not over 16 square feet in area for public,
charitable or religious institutions when the same are located on
the premises of said institution.
(6)
One sign identifying the architect, engineer or contractor, when
placed upon a work site under construction, not to exceed 10 square
feet in area, provided that the sign is set back at least 10 feet
from the curb, and further provided that the same is removed within
24 hours after the final certificate of occupancy is issued.
(7)
Memorial signs or tablets, names of buildings and date of erection
when cut into any masonry surface or when constructed of bronze or
other incombustible materials.
(8)
Traffic or other municipal signs, legal notices, railroad crossing
signs, danger signs and such temporary, emergency or nonadvertising
signs or signs of any governmental agency deemed necessary to the
public.
(9)
Flags of the United States, State of New Jersey or other governmental
or quasi-public agencies, subject to reasonable size and location.
E.
Temporary signs. Temporary signs shall comply with the following
regulations:
(1)
All temporary signage, except as specifically exempted under this
section, shall require prior approval by the Construction Official
or his designee on a form to be proscribed by the Construction Official.
Such approval shall be valid for a period not to exceed 30 days from
the issuance thereof and may be renewed for a period not to exceed
60 days in total.
(2)
No temporary sign shall exceed an area of 12 square feet, except
temporary signs, such as banners, which are allowed by permit by the
Mayor and Board of Commissioners within the public right-of-way.
(3)
Insurance for temporary signs may be required by the Mayor and Board
of Commissioners. Any person obtaining a permit for the erection of
a temporary sign where the Mayor and Board of Commissioners requires
insurance shall provide proof to the satisfaction of the Construction
Official or his or her designee that the person, firm or corporation
actually doing the erecting shall have in force a public liability
insurance policy with limits of no less than $100,000 for property
damage and $300,000 for bodily injury per occurrence.
(4)
Nothing contained herein shall be deemed to permit the erection or
installation of any political signs upon any pole or tree located
on public property or within the public right-of-way within the City,
and their erection or installation is hereby specifically prohibited.
F.
Illumination.
(1)
No sign shall be an illuminated sign except as provided herein.
(2)
No sign shall be internally illuminated by neon gas-filled tubes.
(3)
No sign shall be illuminated externally by more than one floodlight
per surface of such sign. Such lighting shall be at grade and properly
directed and shielded so as not to produce glare or offensive light
off the property.
(4)
Flashing signs, highly reflective glass or fluorescent paint, either
red, green or yellow, and illuminated tubing outlining roofs, doors,
windows or wall edges of a building, and scrolling text signs are
prohibited.
(5)
No sign shall be artificially illuminated after 11:00 p.m. or before
7:00 a.m. unless such premises are occupied and attended, except in
the business and industrial zone of the City.
G.
General regulations for signs.
(1)
In order to preserve the basically residential character of this
community and to facilitate the improvement of its commercial and
industrial areas in a safe and orderly manner, no commercial outdoor
advertising signs, billboards or other signs which are not expressly
and directly related to the business being conducted on the premises
and which do not conform to the applicable requirements and standards
set forth in other sections of this chapter shall be permitted, and
all other such commercial outdoor advertising signs, billboards and
other nonconforming signs are specifically prohibited. It shall be
unlawful for any person to display upon any sign or other advertising
structure any obscene, indecent or immoral matter.
(2)
No billboard, or billboard signs, shall be permitted. No sign otherwise
lawful under this section shall be prohibited because of this subsection.
(3)
No sign shall be placed, located or displayed upon any sidewalk or
area between sidewalk and curb, nor shall they project on or over
a sidewalk.
(4)
No sign shall include a silhouetted or three-dimensional design.
This includes but is not limited to signage lacking a background and
having letters, figures, objects or representational devices silhouetted
against the sky or other open space not a part of the sign.
(5)
No roof sign shall be permitted, and no sign shall be erected to
project beyond the side or top of the wall to which it is affixed.
(6)
No sign shall be erected, painted or composed of fluorescent, phosphorescent
or similar material.
(7)
No sign shall be, in whole or in part, flashing, intermittent, moving,
fluttering, or revolving.
(8)
No signs emitting a sound, odor or visible matter such as smoke or
vapor shall be permitted. No sign erected shall contain audio equipment.
(9)
Canopies and awnings with signage embossed upon them shall be considered
a business sign. The use of awnings or canopies as signs shall be
prohibited, unless no facade area is available on the building facade
to place a wall sign. Determination of whether a business is permitted
an awning or canopy sign due to inadequate facade area shall be made
by the Construction Official. The internal illumination of awnings
or canopies is prohibited.
(10)
No sign shall be erected, relocated or maintained so as to prevent
free ingress to or egress from any door, window or fire escape. No
sign of any kind shall be attached to a standpipe or fire escape.
(11)
All signage shall reflect the character of the area of the proposed
sign placement, and will respect the size, scale and mass of the facade,
color, building height and rhythms and sizes of windows and door openings
in the determination of the Construction Code Inspector. The use of
bubble awnings and waterfall awnings are discouraged, and their use
shall be at the discretion of the Construction Official for the proposed
location.
(12)
No signs shall extend more than six inches in depth from a building
facade.
(13)
Projecting signs perpendicular to a wall or placed at right
angles to a facade or building face shall be prohibited. Hanging signs
are strictly prohibited.
(14)
Signs which are in a state of disrepair, including illuminated
or neon signs, or signs which are abandoned shall be removed within
30 days following such disrepair or abandonment.
(15)
In addition to the other requirements of this chapter, every
business or advertising sign referred to in this chapter must be kept
in good condition and repair and shall not be allowed to become dilapidated.
(16)
No references to the set pricing of products and services shall
be permitted in the wording of a permanent sign, awning or canopy.
(17)
Whenever there is a change in occupancy of business premises,
all signs and displays which identify or advertise a business, product,
or other item that is no longer present or available on the premises
shall be removed within 21 days from the date the previous occupancy
ceased. The manner of removal of sign messages shall include, but
not be limited to the following:
(a)
In the case of a sign with a painted message, the message shall
be painted in a color which matches the background or in a light neutral
color.
(b)
Window signs and displays shall be removed.
(c)
In the case of a sign where the message is contained on a panel
that is inserted into the sign frame or structure, the message panel
shall be replaced with a blank panel.
(d)
In the case of a sign where the message cannot be removed without
also removing the sign structure, the structure shall be removed unless
the owner demonstrates to the Zoning Official that the sign message
could reasonably apply to the next occupant of the premises.
(18)
A permitted second floor occupancy for a professional office
or second floor retail space shall be permitted one announcement sign
per occupancy of not more than 1.5 square feet at the main entrance
of the building. One nameplate or professional sign with an area of
not more than 1.5 square feet may be mounted flat against the door
of each secondary entrance. Such sign may not be illuminated by interior
or exterior lighting.
(19)
All entrance doors must display the street number within 12
inches of the top of the door, and such street number shall not be
less than three inches and not more than five inches high.
(20)
A wall sign shall not be erected on any wall of a building,
unless such wall fronts on and is immediately adjacent to a public
street, public parking lot, or parking lot servicing the building
on which it is placed. If a business occupies a parcel that includes
two street frontages, a sign is permitted on each street frontage.
(21)
No sign may be attached in any form or manner which will interfere
with any opening for ventilation or with any architectural detail.
(22)
No sign shall consist of more than four colors, including the
background color.
(23)
Facsimile and telephone numbers are prohibited on all signs.
(25)
No sign or other advertising structure, as regulated by this
chapter, shall be erected at the intersection of any streets in such
a manner as to obstruct free and clear vision or at any location where,
by reason of the position, shape or color, it may interfere with,
obstruct the view of, cause an optical illusion, or be confused with
any authorized traffic sign, signal or device, or which makes use
of words, phrases, symbols or characters in such manner as to interfere
with, mislead or confuse traffic.
(26)
All signs shall be constructed in accordance with the requirements
of the current Building Code adopted by the State of New Jersey. If
the Construction Official or his designee shall find that any sign
is unsafe or insecure, the Construction Official or his designee shall
give written notice to the owner, agent, or person having the beneficial
use of the premises upon which the sign may be erected. If such owner,
agent or person fails to remove or alter the sign so as to comply
with the standards herein set forth in the notice, after such notice,
such sign or other advertising structure shall be removed or altered
to comply with the Construction Official or his designee, at the expense
of the owner, agent or person having the beneficial use of the premises
upon which such sign may be erected. The Construction Official or
his designee shall cause any sign or other advertising structure which
is an immediate peril to persons or property to be removed summarily
and without notice.
(27)
No temporary signs made of paper, cardboard, canvas or similar
material shall be permitted, except for temporary signage permitted
by this chapter.
(28)
Signs affixed to vehicles and/or trailers, or automobile windows
which are parked on a public right-of-way, public property or private
property so as to be visible from a public right-of-way where the
apparent purpose is to advertise a product or direct people to a business
or activity located on the same or nearby property are prohibited.
However, this is not in any way intended to prohibit signs placed
on or affixed to vehicles and trailers, such as permanent lettering
on motor vehicles, where the sign is incidental to the primary use
of the vehicle or trailer, or for pricing information associated with
the sale of new and used cars.
(29)
If the City of Union City funds or undertakes a project, it
reserves the right to mandate the type of signage displayed on the
building, whether a private or public project, in accordance with
this chapter.
H.
Nonconforming signs.
(1)
Any signs existing at the time of the passage of this section which
violate any provisions hereof shall be deemed a nonconforming sign
and may be continued, maintained and repaired upon the present premises
or location, provided that such sign was lawful under any prior ordinance
and that required permits and inspections were obtained. Any nonconforming
sign which is associated with a change in occupancy or ownership shall
necessitate an application to the appropriate approving authority
and shall be returned to conformity. Any sign unlawful under any prior
ordinance shall remain unlawful unless it complies with the provisions
of this section and there is issued by the Construction Official a
sign erection permit therefor.
(2)
Any sign which has been damaged to the extent that the cost of repairs
shall exceed 50% of the current value of such sign shall be deemed
as destroyed, and the owner thereof shall not be permitted to erect
or restore the sign except in accordance with this section.
(3)
Hanging signs shall be ordered to be removed to the extent that they
are structurally unsafe and endanger the safety of the public.
(4)
Upon abandonment of a nonconforming sign by the existing owner or
lessee, said sign must be removed within 30 days by the landlord or
tenant.
I.
Awnings, canopies and marquees.
(1)
Fixed or permanent awnings or canopies shall not project more than
three feet from the building, nor be wider than 25 feet, or the width
of the building, whichever is less. No awning shall be higher than
four feet from its lowest point. Fabric swatches (as opposed to a
color rendering) shall be provided to the Construction Official or
his designee for any proposed awnings. An original, flame-resistant
certificate completed by the fabric company shall be provided to the
Construction Official or his designee. A fax or copy of said certificate
shall not be accepted.
(2)
No signage is permitted on any canopies or awnings, unless no facade
area is available on the building facade to place a wall sign. Determination
on whether an awning or canopy sign is permitted shall be made by
the Construction Official.
(3)
Awnings, canopies and marquees attached to the same building shall
be the same shape color and height and in accordance with any applicable
provisions of this chapter.
(4)
Awnings shall not be illuminated and shall not display any graphic,
logo, or business name.
(5)
Awnings, canopies and marquees shall not be permitted above the first
floor of a building, except awnings shall be permitted on the second
floor of a building, subject to the following conditions:
(a)
Second floor awnings shall not extend beyond 18 inches in depth
from a building facade or wall.
(b)
Second floor awnings shall be the same shape and color as first
floor awnings, canopies and marquees attached to the same building.
(c)
If awnings are installed on the second floor, all awnings must
be installed on all second floor windows.
(d)
Second floor awnings shall not extend more than six inches from
either side of a window frame, and no awning shall extend more than
12 inches above a window frame.
(6)
The lowest portion of an awning, canopy or marquee shall not be less
than eight feet from the ground.
A.
Off-street parking.
(1)
Minimum required off-street parking schedule for nonresidential uses.
The number of off-street parking spaces required for any nonresidential
use shall be determined by reference to Parking Schedule I below.
|
Parking Schedule I
Parking Requirements for Nonresidential Uses
| |||
|---|---|---|---|
|
Use
|
Required Parking Spaces
| ||
|
Car wash
|
3 per washing lane
| ||
|
Child-care facilities
|
1 per employee
| ||
|
Banks and financial institutions
|
1 for each 300 square feet of gross floor area
| ||
|
Educational facility:
| |||
|
Elementary and intermediate school
|
1 per employee
| ||
|
Secondary school
|
1 per employee plus 1 per each 5 students in grades 11 and 12
| ||
|
Postsecondary and other educational facility
|
2 per each 3 full-time students and 1 for each 5 part-time students
| ||
|
Gasoline service station or repair garage
|
3 for each bay, plus 1 per 300 square feet of gross floor area
of retail space
| ||
|
Health club and fitness center
|
1 per 300 square feet of gross floor area
| ||
|
Home occupation (major)
|
1 per employee
| ||
|
Hotel
|
1 per room, plus 1 space for each 1,000 square feet of gross
floor area of ballrooms, conference rooms or similar space
| ||
|
Indoor commercial recreation, including roller rink, ice rink,
recreation center and sports club
|
4.5 for each 1,000 square feet of gross floor area
| ||
|
Light industrial, including laboratory and research uses
|
1 for each 400 square feet of gross floor area
| ||
|
Medical office
|
1 per 200 square feet of gross floor area
| ||
|
Office
|
1 per 300 square feet of gross floor area
| ||
|
Outdoor recreation:
| |||
|
Court games
|
4 per court
| ||
|
Other
|
1 per 150 square feet of assemblage space
| ||
|
Places of worship, community buildings social halls and places
of indoor public assembly
|
1 for each 3.5 seats. Where benches are provided, each 2 feet
of bench shall be considered 1 seat. If the specific amount of seating
is undetermined, then 1 parking space shall be required for each 150
square feet of assemblage area.
| ||
|
Restaurant, eating and drinking establishments, and barsa
|
1 for each 3 seats
| ||
|
Retail and service uses not separately listedb
|
1 per 300 square feet of gross floor area
| ||
|
Theater
|
1 for each 3 seats
| ||
|
NOTES:
| ||
|---|---|---|
|
a.
|
Take-out components of restaurants shall add one additional
space for each 25 square feet of take-out service area.
| |
|
b.
|
Retail uses such as delis, bakeries and coffee shops with on-site
seating shall add one additional space for every 3 seats.
| |
(a)
Unscheduled uses. Off-street parking requirements for uses not
listed in Parking Schedule I shall be established by the approving
authority, based upon accepted industry standards.
(b)
Combined uses. In the case of a combination of uses, the off-street
parking requirement shall consist of the sum of the spaces required
for each individual use, unless it can be demonstrated that staggered
hours would permit modification to the parking requirement in accordance
with the shared parking rules identified in § 223-8B(11).
(c)
Fractional spaces. Whenever the application of Parking Schedule
I results in a fractional parking space in excess of 1/2, a full space
shall be required.
(d)
No off-street parking or loading spaces need be provided for
nonresidential uses located on lots that are 2,500 square feet or
smaller.
(e)
On-street parking located directly in front of a nonresidential
use shall count toward required off-street parking. A length of 23
feet per on-street parking space shall be used in calculating the
number of available on-street parking spaces.
(2)
Minimum required off-street parking schedule for residential uses.
The number of off-street parking spaces required for residential uses
shall be determined pursuant to N.J.A.C. 5:21, as amended, and by
reference to Parking Schedule II below. Alternative parking standards
to those shown in the schedule below shall be accepted if the applicant
demonstrates these standards better reflect local conditions. Factors
affecting minimum number of parking spaces include household characteristics,
availability of mass transit, urban versus suburban location, and
available off-site parking sources.
|
Parking Schedule IIa
Parking Requirements for Residential Land Uses
| |||
|---|---|---|---|
|
Housing Unit Type/Sizeb
|
Parking Requirement
| ||
|
One-family and two-family:
| |||
|
2-bedroom
|
1.5
| ||
|
3-bedroom
|
2.0
| ||
|
4-bedroom
|
2.5c
| ||
|
5-bedroom
|
3.0
| ||
|
Garden apartmentb
| |||
|
1-bedroom
|
1.8
| ||
|
2-bedroom
|
2.0c
| ||
|
3-bedroom
|
2.1
| ||
|
Townhouseb, d
| |||
|
1-bedroom
|
1.8
| ||
|
2-bedroom
|
2.3c
| ||
|
3-bedroom
|
2.4
| ||
|
Mid-riseb
| |||
|
1-bedroom
|
1.8
| ||
|
2-bedroom
|
2.0c
| ||
|
3-bedroom
|
2.1
| ||
|
High-riseb
| |||
|
1-bedroom
|
0.8
| ||
|
2-bedroom
|
1.3c
| ||
|
3-bedroom
|
1.9
| ||
|
Live/work space
|
Values shall be commensurate with the most appropriate housing
type and size noted above that the unit resembles.
| ||
|
Retirement community
|
Values shall be commensurate with the most appropriate housing
type and size noted above that the retirement community resembles.
| ||
|
Assisted living
|
0.5
| ||
|
NOTES:
| ||
|---|---|---|
|
a.
|
As amended from time to time.
| |
|
b.
|
Requirements for attached units (apartment/condominium/townhouse)
include provisions for guest parking (0.5 spaces per dwelling unit).
Guest parking must either be provided for on street or in common parking
areas.
| |
|
c.
|
If applicant does not specify the number of bedrooms per unit,
this parking requirement shall apply.
| |
|
d.
|
Three-family and four-family dwellings shall be subject to the
parking requirements for townhouse development.
| |
(a)
Garage and driveway combinations shall be counted as follows:
[1]
Each garage car space shall be counted as 1.0 off-street parking
space regardless of the dimensions of the driveway.
[2]
A one-car garage and driveway combination shall count as 2.0
off-street parking spaces, provided that the driveway measures a minimum
of 18 feet in length between the face of the garage door and the right-of-way
(16 feet for owner-occupied one- , two- and three-family dwellings).
[3]
A two-car garage and driveway combination shall count as 3.5
off-street parking spaces, provided that a minimum parking area width
of 20 feet is provided for a minimum length of 18 feet as specified
for a one-car garage and driveway combination (16 feet for owner-occupied
one- , two- and three-family dwellings).
(b)
When housing is included in mixed-use development, a shared
parking approach to the provision of parking shall be permitted.
(c)
When, in the judgment of the Board, on-street parking is available,
then only that proportion of the parking requirement which is not
available on the street shall be provided in off-street parking facilities.
A length of 23 feet per on-street parking space shall be used in calculating
the number of available on-street parking spaces.
(d)
For projects containing dwelling units required by the New Jersey
Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7),
to be accessible, parking spaces for people with disabilities shall
be provided in accordance with the requirements of the Barrier Free
Subcode and shall be considered part of the total number of required
spaces.
(e)
No off-street parking spaces shall be required for the first
six dwelling units in a building located on Bergenline Avenue between
30th Street and 47th Street or on Summit Avenue between 5th Street
and 18th Street.
(3)
Commercial vehicles in residential zones.
(a)
In a residential zone only one commercial vehicle of a rated
capacity of one ton or less may be kept on the premises.
(b)
Commercial trailers, tractors and mechanized equipment in residential
zones. Commercial and industrial trailers, tractors, construction
machinery and equipment, commercial trucks and vehicles greater than
6,000 pounds, or any open trailer, shall not be kept, placed or stored
in any residence zone, except that equipment and machinery used in
connection with the construction, alteration, removal, or demolition
of any buildings or structures or the excavation of any land may be
permitted to stand upon the premises where such work is being undertaken
while the same is in progress.
(4)
Parking of mobile dwellings, recreational vehicles and equipment.
No mobile dwelling, trailer or any other recreational equipment shall
be stored or parked on any premises in any residential zone district
within the limits of the City, except as hereinafter provided:
(a)
Mobile dwellings, trailers or recreational equipment may be
stored or parked within an enclosed building or garage on the premises.
(b)
Mobile dwellings, trailers or recreational equipment may be
stored or parked outdoors on any premises upon the following terms
and conditions:
[1]
Not more than one mobile dwelling, trailer, or any other recreational
equipment shall be stored or parked on any premises in any residential
zone district within the limits of the City, except as hereinafter
provided. For purposes of this chapter, premises shall include adjoining
lots in common ownership, unless said adjoining lots otherwise conform
to this chapter and other provisions hereof.
[2]
No mobile dwelling, trailer or recreational equipment shall
be stored or parked within any residential district other than that
lot upon which the principal residence structure of the actual owner
of the recreational equipment is located.
[3]
No mobile dwelling, trailer or recreational equipment shall
be stored or parked at any time when said premises are not being occupied,
except for vacation absences.
[4]
No mobile dwelling, trailer or recreational equipment shall
be stored or parked in any district as an accessory building or use,
except as herein provided.
[5]
No mobile dwelling, trailer or recreational equipment shall
exceed the following bulk requirements:
[a]
A maximum height of 12 feet as parked, including
trailer, cradle or mount, but excluding mast in the case of a boat.
[b]
A maximum body length of 30 feet, excluding trailer
hitch, tongue and bumper.
[c]
A maximum of eight feet in body width, excluding
hardware.
[d]
A maximum gross weight of 12,000 pounds, including
trailer and mount.
(c)
No mobile dwelling, trailer or recreational equipment shall
be stored or parked within any front yard or side yard required under
this chapter. These requirements shall apply to both frontages on
a corner lot. In addition, all recreational equipment shall be stored
or parked to the rear of the rear building line of the principal building
and shall comply with accessory setbacks.
(d)
All mobile dwellings, trailers or recreational equipment must
be kept clean and in good repair at all times and shall carry a current
year's license or registration as required by law.
(e)
The owner of any mobile dwelling, trailer or recreational equipment
shall have and display upon request to any authorized officials of
the City satisfactory proof of ownership of such recreational equipment.
(f)
All mobile dwellings, trailers or recreational equipment shall
be maintained in mobile condition.
(g)
No mobile dwellings, trailers or recreational equipment shall
be used for sleeping or dwelling purposes while on said premises and
shall not be commercially stored or offered or displayed for sale.
Further, such recreational equipment shall not be connected with any
electric, water, gas or sanitary sewer facilities.
(h)
No construction or repair of any such mobile dwellings, trailers
or recreational equipment shall be carried on outdoors in any residential
district. For purposes of this chapter, construction or repair shall
not include essential maintenance.
(i)
No mobile dwellings, trailers or recreational equipment shall
be stored, parked or maintained so as to create a dangerous or unsafe
condition on the premises where parked.
(j)
Loading and unloading of mobile dwellings, trailers or recreational
equipment at any location on the premises is permitted, provided that
said vehicle is not stored or parked for a period longer than 48 hours
in any seven consecutive days.
(k)
All mobile dwellings, trailers or recreational equipment shall
be effectively screened with attractive plantings, shrubs and trees
or fencing so as not to be readily visible from the street or from
any adjoining or nearby properties. Said screening shall not exceed
six feet in height and shall be maintained and kept in good condition.
B.
Design standards.
(1)
Off-street parking and loading areas shall be coordinated with the
public street system serving the area in order to avoid conflicts
with through-traffic, obstruction to pedestrian walkways and vehicular
thoroughfares.
(2)
In the event hardship is proved in providing the required parking
on the same lot as the building served, the approving authority may
grant a conditional use for off-lot parking, provided that:
(a)
Required spaces are within 500 feet of pedestrian access to
the building served, unless some lesser distance is required by the
Americans with Disabilities Act.
(b)
The off-lot space is held by the same owner in fee simple title
or other acceptable form of land control.
(c)
The land shall not be alienated from the parent parcel or devoted
to other use, and this restriction shall be reflected in the deed.
(3)
All parking and loading areas for nonresidential uses shall be graded
and paved and shall be adequately drained.
(4)
Dimension of parking spaces. Every such space provided shall measure
at least nine feet in width and 18 feet in length (16 feet for owner-occupied
one- , two- and three-family dwellings), exclusive of access drives
and aisles. Hairpin striping (i.e., two lines located one foot apart
and connected at one end separating parking spaces) shall be provided
where appropriate. End-to-end parking spaces shall measure not less
than eight feet in width by 23 feet in length. Twenty percent of required
parking spaces may be compact spaces measuring 8 1/2 feet in width
by 16 feet in length.
(5)
Size of aisles. The width of all aisles providing direct access to
individual parking spaces shall be in accordance with the requirements
set forth below. Only one-way traffic shall be permitted in aisles
serving parking spaces placed at an angle other than 90°.
|
Parking Angle
(degrees)
|
Aisle Width
(feet)
| |
|---|---|---|
|
0° (end-to-end parking)
|
12
| |
|
30°
|
12
| |
|
45°
|
13
| |
|
60°
|
18
| |
|
90° (perpendicular parking)
|
24
|
(6)
Maximum grade of parking areas.
|
Areas
|
Maximum Grade
(percent)
| |
|---|---|---|
|
Parking spaces and service aisles
|
5%
| |
|
Main approach walkways to buildings
|
4%
| |
|
Collector or other service walkways
|
6%
| |
|
Swales
|
10%
| |
|
Principal circulation aisles
|
6%
| |
|
Driveway entrances and exits up to 25 feet from right-of-way
line
|
2%
| |
|
Driveway entrances and exits beyond 25 feet from right-of-way
line
|
10%
|
(7)
Access.
(a)
There shall be adequate provisions for safe and convenient ingress
and egress to all parking areas.
(b)
Every parking area shall have direct access to a street or alley.
(c)
Curb cuts for one-way traffic shall not be less than 12 feet
nor more than 15 feet wide for nonresidential uses.
(d)
Curb cuts for single-family and two-family uses shall not exceed
10 feet in width.
(e)
Driveways shall have a minimum width of 10 feet for one-way
traffic and 24 feet for two-way traffic.
(8)
All off-street parking areas shall be used solely for the parking
of passenger automobiles. No commercial repair work, service or storage
of new or used motor vehicles, materials or merchandise of any kind
shall be conducted on such parking area.
(9)
Landscaping, paving and drainage for parking areas.
(a)
In outdoor parking lots with 10 or more spaces, not less than
10% of the parking area shall be suitably landscaped to minimize noise,
glare and other nuisance characteristics, as well as to enhance the
aesthetics, environment and ecology of the site and surrounding area.
(b)
All parking and loading areas abutting residential areas shall
be buffered about their periphery with landscaping and/or fencing.
The landscaping shall be located at the entrance of the lots, in protected
areas along walkways, center islands and at the end of bays. In narrow
islands, low spreading plants, such as creeping juniper, English ivy,
myrtle and pachysandra, are appropriate.
(c)
All landscaping in parking areas shall be carefully located
so as not to obstruct sight distance.
(d)
Off-street parking areas shall be effectively screened by a
fence or wall not less than four nor more than six feet in height,
maintained in good condition; provided, however, that a screening
hedge or other natural landscaping may be substituted for the required
fence or wall if approved by the approving authority. The screening,
as required by this subsection, may be waived by the approving authority
if, in its judgment, because of topographic or other unusual conditions,
said fence is not necessary to buffer adjoining property.
(e)
Parking areas, loading areas and driveways, except for one-family,
two-family or three-family residences, shall be curbed with granite
or concrete and paved.
(f)
All parking areas shall be adequately drained in accordance
with a drainage plan to be approved by the enforcing agency.
(10)
Location of parking.
(a)
Required off-street parking shall be located only in those locations
as set forth below and shall meet all setback requirements set forth
in that subsection.
(b)
Off-street parking facilities as accessory to any use permitted
in a residential zone shall be provided on the same lot with the permitted
principal building.
(c)
Off-street parking facilities as required by this chapter in nonresidential zones shall be provided on the same lot as the principal building or use, unless an applicant is granted permission by an approving authority for shared parking per the requirements of § 223-46B(11).
(d)
Access to or egress from any property situated in a nonresidential
zone through the use of a driveway located on property in a residential
zone is prohibited.
(e)
Bicycle racks. Bicycle racks shall be provided for all multifamily
and nonresidential developments at the ratio of one bicycle space
for each dwelling unit or one bicycle space for each 20 off-street
parking spaces or fraction thereof over 20 spaces.
(f)
The minimum setback for any parking area or driveway shall be
five feet in all zones; however, there shall be no minimum setback
for parking areas or driveways in connection with existing and proposed
residences in the R Low Density Residential District or for existing
and proposed one-, two- and three-family dwellings in any zone or
district. Notwithstanding, parking in these areas shall not obstruct
any City sidewalks and/or City right-of-ways.
[Amended 3-18-2014]
(11)
Shared parking. In all districts, except the R Zone, shared
accessory off-street parking shall be permitted in accordance with
the following:
(a)
A use for which an application for shared parking is made shall
be located within 500 feet of the parking facility which is being
shared.
(b)
An agreement providing for the shared use of parking, executed
by all the parties involved, shall be approved by the approving authority's
attorney and filed with the City Clerk. Shared parking privileges
shall continue in effect so long as the agreement, binding on all
parties, remains in force. If the agreement is no longer in force,
parking shall be provided as otherwise required in this chapter.
(c)
Shared parking for uses with different hours of operation. Shared
parking shall be permitted between two uses with differing hours of
operation, provided that the approving authority shall have discretion
in determining which uses are daytime uses and which are nighttime
or Sunday uses. The following shall serve as general guidelines:
[1]
The following uses may be generally considered daytime uses:
(d)
The approving authority may authorize the use of up to 90% of
the required off-street parking for a daytime use to serve as the
required off-street parking for a nighttime or Sunday use and vice
versa. The applicant shall demonstrate that the hours of operation
of the two uses will not conflict, and the approving authority shall
place conditions limiting the hours of operation to ensure that adequate
parking is available to all users at the appropriate times.
(e)
Shared parking for uses with similar hours of operation. The
approving authority may approve shared parking arrangements between
two or more uses with the same or overlapping operating hours by up
to 20% of the total parking that would be required for all of the
uses calculated separately.
(f)
In all shared parking situations, the approving authority may
require that an applicant for shared parking provide testimony and/or
a shared parking feasibility study in support of the application from
a licensed engineer in the State of New Jersey with expertise in parking
operations. A shared parking feasibility report shall include, but
is not limited to, the following:
[1]
A site plan sheet depicting the parking spaces intended for
shared parking and their proximity to land uses they will serve.
[2]
A signage plan that directs drivers to the most convenient parking
areas for each particular use or group of uses as appropriate.
[3]
A pedestrian circulation plan that shows connections and walkways
between parking areas and land uses.
[4]
A safety and security plan that addresses lighting and maintenance
of the parking areas.
C.
Off-street loading.
(1)
Application. In any building or building group or part thereof hereafter
erected and having a gross floor area of 20,000 square feet or more
of nonresidential space, there shall be provided and maintained on
the same zone lot with such building, off-street loading berths.
(2)
Required off-street loading facilities.
(a)
No off-street loading spaces shall be required for buildings
located within the C-C, C-G, C-N and UTOD Districts, except that loading
spaces shall be required within the JFK Overlay District.
(b)
No off-street loading spaces shall be required for nonresidential
uses located on lots that are 2,500 square feet or smaller.
(c)
Location of loading berths. All loading areas shall be on the
same lot as the use to be served. Such areas shall be located only
in a side or rear yard. Such areas shall not encroach upon any required
open space, accessway, off-street parking area or public right-of-way.
Where located adjacent to any residential district, they shall be
set back a minimum of five feet from such property line.
(d)
Access. All required off-street loading areas shall provide
sufficient turning spaces and access.
(e)
Calculation of required spaces. The number of off-street loading
berths required for any use shall be determined by application of
the standards set forth below:
|
Principal Building Size
(square feet)
|
Required Number of Loading Berths
| |
|---|---|---|
|
Up to 20,000
|
1
| |
|
20,000 to 50,000
|
2
| |
|
Each additional 100,000
|
One additional space
|
A.
Nonconforming buildings or structures. A building or structure that
is conforming in use but does not conform to the lot dimension, yard
dimension, height, building coverage, floor area ratio, off-street
parking, loading, or similar dimensional requirements of the chapter
shall be deemed to be a nonconforming building or nonconforming structure.
No permit shall be issued that will result in the increase of any
dimensional nonconformity, but any building or structure or portion
thereof may be altered to decrease its dimensional nonconformity.
B.
Continuance of existing nonconforming uses and structures. Any nonconforming
use or structure which lawfully existed at the time of the passage
of this article may be continued, and any existing legally nonconforming
building or structure may be reconstructed or structurally altered,
but only in accordance with the requirements of this article.
C.
Discontinuance of a nonconforming use. If a nonconforming use ceases
for any reason for a period of 12 consecutive months, or is changed
to a conforming use, any future use of the land, building or structure
shall be in conformity with the provisions of this chapter. Substantial
cessation of activities consistent with or required for the operation
of such nonconforming use or substantial vacancy of the building or
structure in which the nonconforming use was conducted, together with
substantial cessation of activities consistent with or required for
the operation of such nonconforming use shall be deemed to constitute
a discontinuation thereof within the meaning of this chapter, irrespective
of whether an intention to abandon the nonconforming use may exist.
On application, prior to the expiration of the twelve-month period
as specified herein, the Zoning Board of Adjustment may extend the
period for up to six additional months upon a finding that it is not
reasonable in its application to the particular premises, taking into
consideration the characteristics of the use, the investment which
has been made in it, the circumstances of the discontinuance and the
suitability of the building or structure for a permitted use or a
use granted by special use permit. If any building or structure in
which any nonconforming use is conducted or maintained is hereafter
removed, the subsequent use of the land on which such building or
structure was located and the subsequent use of any building or structure
thereon shall be in conformity with the standards specified by this
chapter for the district in which such land is located.
D.
Alteration, extension or enlargement of nonconforming use or structure.
(1)
A nonconforming use of any building, structure or land shall not
be increased, enlarged, extended or changed in any manner whatsoever.
(2)
No building in which a nonconforming use exists shall be enlarged,
extended or structurally altered in any manner; provided, however,
that:
(a)
Nothing herein shall prevent the repair and maintenance of any
building wherein there exists a nonconforming use, provided that such
maintenance and repair does not in any way constitute or result in
a further expansion of a nonconforming use.
(b)
Minor alterations and improvements which do not constitute or
require structural changes may be made in or to a building wherein
a nonconforming use exists, provided that such nonconforming use will
not be increased, extended or enlarged thereby.
(c)
Nothing herein shall prevent the strengthening or restoration
to a safe and lawful condition of any part of any building which is
nonconforming.
(3)
Structural alterations, internal rearrangements and renovations may
be made in a building or structure which is nonconforming because
it fails to comply with height, area, yard, off-street parking or
other like requirements of this article, other than use, so long as
the structural alteration or increase, internal rearrangement or renovation
does not extend or enlarge the nonconformance of said building or
structure.
(4)
A nonconforming use changed or altered to a conforming use may not
thereafter be changed back to a nonconforming use.
E.
Restoration of existing building or structures nonconforming because
of use. Whenever a building or structure is nonconforming by reason
of its use, such building or structure may be restored or repaired
in the event of partial destruction thereof.
F.
Restoration of existing buildings or structures nonconforming for
reasons other than use. Whenever a building is nonconforming because
it fails to comply with any height, area, yard, off-street parking
or requirements of this article, other than use, and such building
is partially destroyed, such building may be restored to its prior
condition; provided, however, that such restoration shall not enlarge
the previously existing nonconformance.
G.
Nonconforming improved lot. When an improved lot in a residential
zone exists as a separate isolated lot under separate ownership and
does not adjoin any vacant land or vacant lot of the same owner, and
which said improved lot is nonconforming due to size, shape, area
or setback, any existing residential building or structure on the
lot may be further improved, provided that:
(1)
The number of dwelling units shall not be increased even if such
increased number of dwelling units is allowed in the zone, unless
approved by the approving authority.
(2)
Any existing nonconforming setbacks from streets, side lot lines
or rear lot lines shall not be made more nonconforming including any
vertical additions of any type.
(4)
The Construction Code Official of the City of Union City is hereby
authorized and empowered to issue any necessary construction permits
in accordance with the provisions of this subsection.
H.
Nonconforming unimproved lot. Notwithstanding any other provisions
of this article, any existing nonconforming lot in the R Zone not
adjoining any vacant land and which is nonconforming due to shape
or area may be improved with a new building or structure in accordance
with the use requirements of this article, provided that the minimum
setbacks shall be as required in the Schedule of Bulk Regulations,
except required side street setbacks on corner lots may be reduced
six inches for each foot the lot is under the minimum width required
in the zone district, but shall not be reduced below 1/2 the minimum
required setback.
I.
Nonconforming signs.
(1)
Billboards as defined herein and as previously permitted as advertising
signs shall be deemed to be distinct nonconforming uses, as defined
in this chapter.
(2)
Any roof sign as defined in this chapter or any outdoor display sign
erected, constructed, maintained or painted on or over the roof of
any building or on or above any roof level of a parapet wall shall
be deemed to be distinct nonconforming uses as defined in this chapter.
J.
Any nonconforming structure located in the C-C, G-C or MU District
can be further developed, provided that the degree of nonconformity
is not further increased.
[Added 12-17-2013]
Dwellings containing units that are exempt from site plan approval pursuant to Subsection (1)(b) of the definition of "site plan, exempt" within Chapter 223, § 223-5, of the City Code shall also be exempt from all other land development requirements of Chapter 223 thereof, without the need for additional variance or other approval. These dwellings shall be exempt, provided that the conversion, creation or legalization of the new units does not result in the creation of additional building area. Notwithstanding the language of this section and the exemption granted thereby, these dwellings and units shall be required to comply with any and all provisions of the Uniform Construction Code and the Uniform Fire Code, and all necessary permits shall be obtained, and a certificate of occupancy shall be required therefor.
[Added 12-3-2013 by Ord. No. 29-2013]
A.
Outdoor sales, as defined in § 223-5, shall be permitted on private, residential property only, subject to the following:
(1)
Goods and merchandise and ancillary items associated with the outdoor
sale thereof shall not be located within the City's public right-of-way
or on City streets or sidewalks.
(2)
The outdoor sales of goods and merchandise is permitted on Saturdays
only from 9:00 a.m. to 6:00 p.m. and from May 1 through October 31.
The outdoor sales of goods and merchandise shall be hereby prohibited
on all other days, at all other times and during all other months.
B.
Violations of this section shall be subject to the imposition of
any and all monetary and other relief permitted by the provisions
of this Code.
