City of Hackensack, NJ Article XIII Site Design

§ 175-13.1 Off-street parking and driveways.

A. General requirements.

(1) All parking spaces shall fit fully within the boundaries of the property(ies) that they are serving.

(2) Parked vehicles are prohibited from projecting into any sidewalk or vehicular right-of-way.

(3) Grass, lawn, and landscaped areas may not be used for parking, except on nonresidential properties during permitted events such as festivals or fairs, or where necessary during emergencies.

B. Schedule of off-street parking regulations. Off-street parking shall be provided in conformity with the off-street parking requirements as set forth in the Schedule of Off-Street Parking Regulations, which is hereby adopted and included as an attachment to this chapter.

C. Parking for one- and two-family dwellings.

(1) Parking of commercial vehicles. Commercial vehicles shall be prohibited from parking on any residential properties or in any residential districts.

(2) No driveway shall count toward off-street parking which has a width of less than 10 feet per vehicle or which has an area of less than 180 square feet per vehicle within the property boundaries.

(3) The edge of any private driveway for a one- or two-family dwelling shall be no closer than six inches to the any side property line, nor closer than 25 feet to the intersection of two street lines, nor shall any driveway extend closer to the rear lot line than the rear principal building line except if the driveway provides access to a garage.

D. Parking for all other uses.

(1) Generally.

(a) Parking dimensions - standard vehicle size.

Parking Space Angle	Minimum Space Width (feet)	Minimum Space Depth (feet) (from aisle to curb)	Aisle Width
			One-Way (feet)	Two-Way (feet)
76° to 90°	9	18	25	25
61° to 75°	9	18.5	22	22
46° to 60°	9	18.5	18	22
31° to 45°	9	18.5	13	22
30° or Less	9	18.5	12	22
Parallel	9	18	10	22

(b) Parking - compact vehicle size.

			Aisle Width
Parking Space Angle	Minimum Space Width (feet)	Minimum Space Depth (feet) (from aisle to curb)	One-Way (feet)	Two-Way (feet)
76° to 90°	7.5	15	22	25
61° to 75°	7.5	16	18	22
46° to 60°	7.5	16	15	18
31° to 45°	7.5	16	13	13
30° or Less	7.5	16	12	12
Parallel	7.5	15	10	10

(c) Any aisle providing access to both standard and compact size vehicles shall be designed according to the size requirements for standard size vehicles.

(d) Parking area locations.

[1] Parking areas are prohibited within any front yard or between any building and a public right-of-way except:

[a] On through lots, provided that parking is not between the primary building entrance and any street;

[b] Where parking is the only use on the property and is a permitted principal use; or

[c] Where the minimum-required front yard setback is at least 50 feet, in which case, parking may be located between the principal building entrance and a street right-of-way.

[2] Parking areas in side and rear yards shall be no closer to any property line than the interior edge of any required buffer area pursuant to § 175-13.2.

(e) Parking area layout.

[1] No parking spaces or driveways shall directly abut a building wall.

[2] Driveways shall not be used for parking.

[3] All parking spaces shall be designed and located so that vehicles back out or pull forward directly into aisles or driveways designated for on-site circulation.

[4] Dead-end parking aisles shall have a designated turning area or cul-de-sac at the end of such aisle with a minimum turning radius of 35 feet.

[5] No parking area shall be designed, located, or oriented such that vehicles back out directly into any public right-of-way.

(f) Landscaping.

[1] Parking areas shall require the following forms of landscaping, which shall comply with § 175-13.2 to the extent applicable:

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

[i] Fractions equal to or greater than 0.5 resulting from this calculation shall be considered to equal one tree;

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

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

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

[d] Parking areas shall be buffered from residential properties or public areas in accordance with § 175-13.2C.

[e] The Planning Board may require a landscaped earthen berm, not less than five feet in height, where it determines that fences and planted buffers alone are not sufficient to screen parking areas from public areas or residential properties.

(g) Driveways.

[1] Driveway dimensions shall comply with the following dimensions.

	One-Way Operation		Two-Way Operation
	Curbline Opening (feet)	Driveway Width (feet)	Curbline Opening (feet)	Driveway Width (feet)
3- to 10-family structures	12 to 15	10 to 13	12 to 30	10 to 26
10 families or over	12 to 30	10 to 26	24 to 36	20 to 30
Commercial and industrial	20 to 36	18 to 34	24 to 50	24 to 46

[2] Curbline openings for developments comprised of 10 or more dwellings or containing commercial or industrial uses shall be at least two feet but not more than four feet wider than the associated driveway.

[3] Driveways for residential uses consisting of between three and nine dwellings shall be no closer than 25 feet to the inner street curb at any street intersection.

[4] Driveways for nonresidential uses or for residential uses consisting of 10 or more dwellings shall be no closer than 50 feet to the inner street curb at any street intersection.

[5] Asphalt or "blacktop" surfacing shall not extend past the sidewalk edge or, where there is no sidewalk, the property line.

[6] Asphalt or "blacktop" surfacing shall not be used for the driveway apron.

(h) Loading areas.

[1] The need for off-street loading areas or berths shall be determined at the time of site plan review.

[2] Off-street loading and unloading shall be provided in such amount and manner that:

[a] All loading and unloading operations will be conducted entirely within the boundaries of the lot concerned;

[b] No vehicle shall use public streets, sidewalks or rights-of-way for loading or unloading operations, other than ingress and egress to the lot, except where on-street loading spaces are designated by the City;

[c] A sufficient amount of loading and queuing space shall be provided on site so that queuing of trucks and similar vehicles does not occur within a public right-of-way; and

[d] Loading spaces shall be located and oriented so as to permit clear and safe vehicular movement into, out of, and within the property while loading activity is taking place.

[3] Loading areas shall be paved with a durable material, and any required loading space shall have a minimum width of 15 feet and minimum length of 55 feet.

[4] Loading areas shall be restricted to rear yards, centralized court yards, and side yards, and shall be screened from public view using fences, walls, or landscaping, or a combination thereof.

[a] Additionally, off-street loading and unloading shall be arranged that vehicular maneuvering (backing into a loading or unloading area or dock) will not take place on Hackensack Avenue, River Street, South River Street, Hudson Street, or Johnson Avenue.

[5] Loading areas shall be prohibited within 100 feet of any existing dwelling or residential zone district.

(2) Multifamily dwellings and mixed uses with a residential component.

(a) All parking areas required by this chapter, when located in residential districts, except for one- and two-family structures, shall be screened along the side or sides abutting a public street with either a solid fence or wall. Said fence or wall shall be a minimum of five feet in height. Landscaping, when required as per § 175-13.2, shall be provided. Semisolid walls shall be permitted with the approval of the Construction Official.

(b) All parking areas required by this chapter, when located in residential districts, except for one- and two-family structures in all districts, shall be required to be sufficiently lighted so as to ensure safety to both pedestrians and motorists. Such lighting shall be in accordance with the following:

[1] Nonattendant parking areas shall have a minimum of one-footcandle-power lighting throughout the entire parking area.

[2] Attendant parking areas shall have a minimum two-footcandle lighting throughout the entire parking area.

[3] The lighting in parking areas shall be installed and arranged so as to throw no glare toward windows of dwellings on adjoining residential property.

(c) Tandem or stacked parking shall only be permitted where the pair of stacked parking spaces are assigned to a single household, where a parking attendant is present 24 hours per day and seven days per week, or where technology or mechanisms are installed in the parking facility which the Planning Board determines can be safely and conveniently used by individuals to access vehicles parked in tandem fashion.

(d) No outdoor parking space or driveway may be within 10 feet of any ground-level residential unit in a multifamily building nor within five feet of any multifamily building generally, including mixed use.

(3) Nonresidential uses.

(a) The standards for multifamily dwellings and mixed uses shall apply except where superseded by the following subsections.

(b) Tandem or stacked parking shall be prohibited except for parking or storage of fleet vehicles for services, inventory vehicles for automobile sales, or valet parking services.

[1] Under no circumstances shall tandem or stacked parking areas be located within a front yard or street-side yard, or share parking aisles or driveways with non-tandem parking areas for customers or employees.

E. Recreational vehicles in residential districts.

(1) Any owner of a recreational vehicle, as defined by this chapter, may park or store one such recreational vehicle upon premises on which the owner of such recreational vehicle resides in a residential district as follows:

(a) Within an enclosed building meeting all Building Code and Zoning Ordinance requirements.

(b) In the rear yard of the lot upon which such recreational vehicle is parked or stored and not closer to any side or rear lot line or other structure than required for an accessory building within such zoning district. However, in no case shall such recreational vehicle be located closer to a side or rear lot line than five feet.

(c) No recreational vehicle parked or stored in a residential district in accordance with this section shall be used for any type of commercial or business use, nor shall it be registered with any motor vehicle department as a commercial vehicle.

(d) All such recreational vehicles must be kept in good repair and carry a current year's license and/or registration. No major overhaul or body work shall be permitted on any recreational vehicle when parked on the residential premises.

(e) No recreational vehicle shall be occupied or used for human habitation while parked or stored on any lot.

(f) No recreational vehicle shall have fixed connections to electricity, water, gas or sanitary sewer facilities.

(2) Notwithstanding the above provisions, a recreational vehicle may be parked on a driveway in a residential district for the purpose of loading and unloading for a period not to exceed 48 hours in any one week.

F. Electric vehicle supply/service equipment requirements.

(1) Consistent with the model ordinance created by the State of New Jersey Department of Community Affairs reflecting standards made automatically effective by the adoption of P.L. 2021, c.171, on July 9, 2021,[1] all newly constructed parking areas except for one- and two-family dwellings shall be subject to the requirements of this subsection.

[1] Editor's Note: See N.J.S.A. 40:55D-66.18 et seq.

(2) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

(a) Level 1 operates on a 15- to 20-amp breaker on a 120 volt AC circuit.

(b) Level 2 operates on a 40- to 100-amp breaker on a 208 or 240 volt AC circuit.

(c) Direct-current fast charger (DCFC) operates on a 60-amp or higher breaker on a 480 volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as "rapid charging stations" that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets, and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."

MAKE-READY PARKING SPACE

The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. "Make-ready" includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.). [Note: Definition is directly from legislation and cannot be changed.]

PRIVATE EVSE

EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).

PUBLICLY ACCESSIBLE EVSE

EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multifamily parking lots, etc.).

(3) Approvals and permits.

(a) An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.

(b) EVSE and make-ready parking spaces installed pursuant to § 175-13.1F(4) below in development applications that are subject to site plan approval are considered a permitted accessory use as described in § 175-13.1F(3)(a) above.

(c) All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

(d) The Zoning Officer shall enforce all signage and installation requirements described in this chapter. Failure to meet the requirements in this chapter shall be subject to the same enforcement and penalty provisions as other violations of the City of Hackensack's land use regulations.

(e) An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:

[1] The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;

[2] All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and

[3] The proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.

(f) An application pursuant to § 175-13.1F(3)(e) above shall be deemed complete if:

[1] The application, including the permit fee and all necessary documentation, is determined to be complete;

[2] A notice of incompleteness is not provided within 20 days after the filing of the application; or

[3] A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.

(g) EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.

(h) A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.

(4) Requirements for new installation of EVSE and make-ready parking spaces.

(a) As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:

[1] Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;

[2] Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and

[3] Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.

[4] Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.

[5] Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.

(b) As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in § 175-13.1F(4)(a) above shall:

[1] Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.

[2] Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.

[3] Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.

[4] Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.

[5] Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

[6] In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

[7] Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.

[8] Notwithstanding the provisions of § 175-13.1F(4)(b)[5] above, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.

(5) Minimum parking requirements.

(a) All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 175-13.1B.

(b) A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.

(c) All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.

(d) Additional installation of EVSE and make-ready parking spaces above what is required in § 175-13.1F(4) above may be encouraged, but shall not be required in development projects.

(6) Reasonable standards for all new EVSE and make-ready parking spaces.

(a) Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.

(b) Installation.

[1] Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.

[2] Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.

[3] To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

[4] Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(c) EVSE parking.

[1] Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.

[2] Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

[3] Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with Subsection F(6)(e) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.

[4] Private parking. The use of EVSE shall be monitored by the property owner or designee.

(d) Safety.

[1] Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(6)(e) below.

[2] Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with Hackensack's ordinances and regulations.

[3] Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is set back a minimum of 24 inches from the face of the curb. Any standalone EVSE bollards should be three feet to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.

[4] EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection F(6)(d)[5] below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.

[5] Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

[6] Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

[7] Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A 24-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the City of Hackensack shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.

(e) Signs.

[1] Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.

[2] All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.

[3] Wayfinding or directional signs, if necessary, shall be permitting at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(6)(b) above.

[4] In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:

[a] Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;

[b] Usage fees and parking fees, if applicable; and

[c] Contact information (telephone number) for reporting when the equipment is not operating or other problems.

§ 175-13.2 Buffers and general landscaping requirements.

A. Landscaping, generally.

(1) No owner, developer or occupant of a lot of which all or a portion is undeveloped shall remove any trees in excess of six inches in diameter as measured one foot above the base from any required planted area or required planted buffer area or from the lot except by express direction or approval contained in a subdivision approval, soil permit or site plan approval by the Planning Board of the City of Hackensack.

(a) As an exception, trees which are identified by the New Jersey Department of Environmental Protection as invasive species or species which have poisonous or toxic properties which may cause harm to humans or house pets.

[1] Such plants shall be removed in a manner that will prohibit regrowth or spread. For example, tree of heaven (Ailanthus altissima) trees and saplings removal must include removing their stumps to limit resprouting.

(2) Existing healthy trees in excess of six inches in diameter one foot from ground level that are located in any approved planted buffer area or approved planted area shall be preserved unless otherwise ordered by the Planning Board in connection with site plan approval.

(3) Trees or shrubs which are unhealthy or are in such condition as to pose a danger to life and property or spread disease to or otherwise harm other plants shall be replaced.

(4) All landscaping is to be completed in a good and workmanlike manner and all planted areas and planted buffer areas are subject to the inspection and approval of the Planning Board prior to the issuance of any permanent certificate of occupancy.

(5) Trees or shrubs required for buffering, street trees, or shade trees shall be maintained in good condition to fulfill the intent of this article.

(6) The developer must notify the Planning Board at least 48 hours prior to the installation of any planted material. The Planning Board may adopt resolutions at public meetings creating standard specifications for planted material and planting which, if adopted, shall be adhered to by all persons installing such material.

(7) Substitutions of plants within the same grouping from those shown in plans submitted are allowed, subject to Planning Board approval, where the originally designated plants are not available.

(8) Landscaped areas shall be protected from vehicular damage.

B. Landscape plan.

(1) Submission of proposed landscape plans.

(a) A proposed landscape plan shall be submitted to the Planning Board for its consideration by:

[1] All applicants for site plan approval.

[2] All applicants for subdivision approval where any of the lots to be created would require a planted buffer area or a planted area.

[3] All applicants for subdivisions requiring planting of public dedicated land.

(2) Contents of landscape plan.

(a) The landscape plan shall be prepared at a scale shown on the plan by a landscape architect, architect or professional engineer. The name of the preparer of the plan, his address, telephone number and license number shall be indicated on the plan. The scale of the plan shall also be indicated. The name of the applicant and any authorized agents shall also appear on the plan.

(b) The plans shall specify all planted areas and planted buffer areas, if required, and the dimensions of each of said areas. The plan shall specify the total number of square feet of any planted area (not including buffer area), the total number of square feet of any required planted buffer area, the combined total area in square feet, if applicable, and the percentage figures of planted areas and buffer areas of the sum of the two and of the total site area.

C. Buffer zones.

(1) Buffer depths shall be measured from the property line.

(a) Linear feet of buffer refers to the length of the property line along which the buffer is required.

(b) Where the use being buffered is adjacent to the use providing the buffer, the buffer is required along applicable rear or side lot line.

(c) Where the use being buffered is across the street from the use providing the buffer, the buffer is required along the front lot line.

(d) The density of planting shall be based on the greater requirement as dictated by the area (square footage) of the buffer zone or the length (linear feet) of the buffer zone.

(2) Plantings comprising buffers shall be set back from any street right-of-way and generally spaced out as may be appropriate to preserve and promote public safety, including with respect to visibility for motorists and for the maximization of "eyes on the street" to deter crime.

(3) Plantings in the buffer zone shall comply with the requirements of this article.

(4) Buffers shall be required as follows:

Use Providing Buffer	Use Being Buffered	Placement	Buffer Depth	Buffer Density
5+ Family Residential	1- to 4-family residential, school	Side or rear property lines	5% of lot depth, but not less than 5 feet and not more than 10 feet	1 tree and 5 shrubs per 500 square feet and per each 30 linear feet
		Front lot line aka streetline	5% of lot depth, but not less than 5 feet and not deeper than the required building setback	1 tree and 5 shrubs per 1,000 square feet and per each 50 linear feet
Commercial Property	1- to 4-family dwelling	Side or rear property lines	5% of lot depth, but not less than 5 feet and not more than 30 feet	1 tree and 5 shrubs per 500 square feet and per each 30 linear feet
		Front lot line aka streetline	5% of lot depth, but not less than 5 feet and not more than 20 feet	1 tree and 5 shrubs per 500 square feet and per each 30 linear feet
	Multifamily dwelling, school, senior living, residential health care facility, places of worship, and similar uses	Side or rear property lines	3% of lot depth but not less than 3 feet and not more than 10 feet	1 tree and 5 shrubs per 750 square feet and per each 50 linear feet
Industrial Property	Residential property including mixed use, school, senior living, residential health care facility, places of worship, and similar uses	Side or rear property lines	10% of lot depth but not less than 10 feet and not more than 30 feet	1 tree and 5 shrubs per 500 square feet and per each 30 linear feet
		Front lot line aka streetline	5% of lot depth, but not less than 5 feet and not more than 20 feet	1 tree and 5 shrubs per 500 square feet and per each 30 linear feet OR a solid fence
	Commercial Property	Side or rear property lines	3% of lot depth but not less than three feet and not more than 10 feet	1 tree and 5 shrubs per 750 square feet and per each 50 linear feet

(a) Walkways and utilities (i.e., utility polls, electrical boxes, etc.) may be provided within required buffer zones, provided that the buffer zone is expanded into the interior of the property at the same rate that the required buffer zone is displaced by said walkways or utility areas.

(b) Buffers along street frontages may be interrupted as needed for permitted driveways, signage, and to provide adequate sight triangles without any requirement to expand the buffer to compensate for displacement by those features.

(c) Not less than 75% of plants used in buffer areas shall be evergreen.

(d) Plants in buffer areas shall meet the following criteria:

[1] Shade trees shall average between two and 2.5 inches caliper.

[2] Evergreen trees shall average six feet in height, or up to 20 feet where a solid fence is required along the same property line as the buffer.

[3] Shrubs shall average at least 18 inches in height.

(e) The planted area or required planted buffer area shall be planted with approved plant material with sufficient organic sanitary material, topsoil, peat moss and the like, so that the same shall be likely to thrive. Minimum depth of topsoil in all turf areas shall be four inches. All topsoil shall conform to specifications approved by the City Engineer.

D. Screening for trash and equipment.

(1) Trash enclosures and equipment including air-conditioning compressor units which are not screened from adjacent properties by a fence shall be screened by a combination of shrubs between four feet and six feet in height, as well as ground coverings, planted intervals of not more than five feet.

(2) Trees shall be planted at appropriate positions to visually screen these uses and structures from dwelling units and bedrooms above ground level on the same property and adjacent properties.

E. Street trees.

(1) Street trees shall be required to be planted where any property is developed or redeveloped or where buildings thereon are rehabilitated (where more than half of the building is reconstructed) and where no street trees exist at the time of application for construction or zoning permits.

(2) Locations of street trees.

(a) Where there exists in the right-of-way a curb strip at least four feet in width, the tree shall be planted within the curb strip directly in front of the property in question.

(b) Where a curb strip does not exist within the street right-of-way line, the tree shall be planted in a four-foot-by-four-foot grade in the sidewalk directly in front of the property in question, where the sidewalk or portion thereof is being replaced and where the tree planting would not reduce the walking path to less than four feet in width.

(c) In all other cases, the tree shall be planted in the front yard not closer than three feet on center to the sidewalk edge.

(3) Street trees shall be maintained so as to provide clearance of not less than seven feet year-round. Trimming and pruning of trees to achieve this clearance should account for weight from rain and snow as much as possible.

(4) Street trees shall be planted with a minimum caliper of three inches and be able to grow at least 30 feet in height at maturity.

(5) Street trees shall be spaced at intervals of 50 feet on center in R and M Zones and in the B-4 zone, and 30 feet on center in B-1, B-2, and B-3 Zones.

(6) Street trees shall not be planted closer than 15 feet to any existing or proposed streetlight, utility pole, or street intersection.

(7) All street trees shall be nursery-grown and shall have a root ball wrapped in burlap, with a replacement guarantee by the developer of two years.

F. Use of areas restricted.

(1) Buildings, structures, paving or parking or for the sale, display, storage or leasing of materials shall not encroach into any required landscaping areas or planted buffer areas except that the following shall be allowed to encroach into required landscaping or buffer areas:

(a) Detention basins, subject to a finding by the Planning Board that adequate visual screening is still provided.

(b) Below-grade, underground parking facilities may be erected underneath any required planted area or planted buffer area, provided that the surface of the lot in the area of the planted buffer area and the planted area has at least four feet of soil and is properly drained so that the same is sufficient to support the growth of plants, ground cover, shrubs and trees.

(c) On Planning Board site plan approval, the Planning Board shall, however, allow paved ingress and egress from the site to a public street or highway through a planted buffer area where there are no possible safe exits or entrances to a road or highway. The area to be so paved shall not be included as part of the area making up the required planted buffer area.

(d) And other exceptions provided in this section.

G. Location, shape and content of areas.

(1) The criteria to be considered in determining the location, shape and content of any required planted area and the creation of any required buffer area shall include the following:

(a) Drainage control.

(b) Traffic and pedestrian safety.

(c) Conservation of the economic values of the property and adjacent property.

(d) Proper vehicular and traffic sight lines.

(e) Shade and pollution control.

(f) Screening and privacy of adjacent residential area.

(g) The configuration and relationship of planting areas to the total plan submitted.

(h) The reduction of noise and lights disturbing to nearby property zoned for residential use.

(i) The objectives of good planning and zoning pursuant to the provisions of N.J.S.A. 40.55D-1 et seq.

(j) The preservation of healthy substantial trees wherever it is reasonable to do so, consistent with the criteria set forth herein.

(2) In connection with Planning Board consideration for site plan approval, the Planning Board shall have the right to determine the proper areas for the required planted area, taking into consideration the criteria set forth above.

H. Plant selection and placement.

§ 175-13.3 Fences.

A. Fences, walls, or other enclosures in excess of 18 inches in height shall be considered accessory structures to principal permitted uses.

B. No fence or wall may be erected which is not in conformance with this section.

C. No fence shall be erected in such a manner so as to interfere with the public right-of-way or interfere with the visibility of vehicular and pedestrian traffic proceeding along any public right-of-way.

D. Fences must be constructed with the face or finished side facing adjacent properties and rights-of-way, and the structural side toward the interior of the property.

E. The following fences and fence materials are specifically prohibited: barbed wire, chicken wire, pointed iron slats or pickets, canvas, cloth, fiberglass, poultry netting, electrically charged fences, temporary fences such as snow fences, except where necessary for active construction, and collapsible fences, except during active construction.

F. Definitions. As used in this section, the following terms shall have the meanings indicated:

OPEN FENCES

Those which are less than 25% solid. Examples include split-rail, contemporary rail, wire mesh, rail with wire mesh, and chain link.

PERIMETER FENCE

A fence that generally runs along and parallel to one or more property lines, the purpose of which is to define property boundaries, provide privacy or security, or enclose one or more yards for personal usage.

SEMI-OPEN FENCES

Those which are 25% to 50% solid. Examples include one-by-two wood screen, traditional picket, and cinder block or concrete block laid on their side.

SOLID FENCES

Fences which are 50% or more solid. Examples include solid picket board, board and batten, louvre panel, staggered board panel, one-by-four wood screen, or brick (wall).

SOLIDNESS

The total area of solid elements divided by the total area of fence. Translucent, transparent or clear plastic or similar materials shall be considered as solid elements.

G. Permitted fence and wall heights and setbacks in residential districts and for such uses (including multifamily) in all districts.

(1) Fences having any solidness level, having a height in excess of four feet up to six feet in height, shall be permitted at the following locations:

(a) Along rear property lines;

(b) Along side property lines; and

(c) No closer to any street frontage than the rear building line of the principal building.

(d) Along front property lines only where the dwelling is adjacent to or across the street from a B or M Zone or an existing commercial or industrial use, provided that corner properties comply with requirements in this section pertaining to fences near intersecting streets.

(2) All fences shall be installed or erected as close to the ground as possible without disrupting the natural flow of stormwater or drainage or causing ponding.

(3) The height of the fence may exceed six feet as needed to conform to existing ground heights; provided, however, that 80% of the fence does not exceed the maximum height of six feet. Decorative-type structural posts may extend no more than six inches above the top of the fence.

(4) Semi-open and open fences up to four feet in height shall be permitted at any location within the property lines, except that no fence other than perimeter fences shall be permitted within 10 feet of the front lot line(s).

(5) Any fence within 15 feet of the intersection of two streets shall be an open fence, the top of which shall be no greater than four feet above grade.

(6) Walls, including those of brick and masonry construction, shall not exceed four feet along any property line, except as may be permitted for retaining walls.

(7) Swimming pool fences.

(a) Every private swimming pool shall be completely surrounded by a fence or wall not less than four feet in height, which shall be so constructed as to not have openings, holes or gaps larger than four inches in any dimension, except doors and gates.

(b) If a picket fence is erected or maintained, the horizontal dimension of each picket shall not exceed four inches. Said fence or wall shall be so constructed a distance of at least three feet from the outside edge of the swimming pool.

(c) A dwelling house or accessory building may be used as part of such enclosure. All gates and doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gates or door securely closed at all times when not in actual use, except that the door of any dwelling which forms part of the enclosure need not be so equipped.

H. Permitted fence and wall heights and setbacks for nonresidential districts uses. The requirements for residential districts and residential properties shall apply except as follows:

(1) The maximum permitted perimeter fence height shall be seven feet along all property lines, except that a solid fence not taller than six feet shall be required along any property line shared with a residential district or existing dwelling.

(2) Chain-link or other "cyclone" type fencing along property lines adjacent to residential districts or dwellings shall only be permitted where privacy inserts are provided.

(3) Open and semi-open fences up to 14 feet in height shall be permitted around the perimeter of public lands or government facilities and buildings, utilities, public parks and playgrounds, public and private schools, including their accessory uses and buildings.

I. Fence maintenance. Fences or other enclosures shall be maintained in such a manner as to assure the structural integrity of the fence, to prevent all or portions of the fence from encroaching over the property line of adjoining owners, and shall be further maintained so as to prohibit an unsightly appearance to adjoining property owners. "Unsightly appearance" shall include the following:

(1) Living fences that are not neatly trimmed so as to prevent leaves, branches or trunks from extending beyond the height limitations imposed under this chapter.

(2) Living fences that are not neatly trimmed so as to prevent leaves, branches or trunks from growing beyond the property line over to the adjoining properties.

(3) Painted fences or other enclosures whereon paint has chipped or peeled from more than 15% of the surface area of the fence.

(4) Fence posts which have become loosened or which were installed in such a manner as to be leaning more than 5° from the fence line.

(5) In the case of picket fences, where more than 10% of the picket fences have fallen, been removed or rotted in any given ten-linear-foot section of such fence.

(6) In the case of slatted or other solid-wall fences, where more than 10% of the surface of the fence has been removed, fallen or rotted in any given ten-linear-foot section of such fence.

§ 175-13.4 Signage.

A. General regulations.

(1) Generally.

(a) All signs erected within the City shall conform to this chapter, including the schedule of permitted signs herein, and the Uniform Construction Code.

(b) No sign shall be erected or altered within the City of Hackensack without first obtaining a permit from the Zoning Officer of the City. A sign permit application shall include structural drawings of how the sign is to be erected and electrical drawings of how the sign is to comply with the National Electric Code.

(2) Purpose. The purpose of these sign regulations is to preserve the public health, welfare and/or safety within the City of Hackensack by the following:

(a) Promotion of safety on highways and roadways by:

[1] Establishment of a clear and orderly pattern of signs that are appropriately designed to be compatible and not competitive with other signs;

[2] Reduction of obstructions, distractions and other conditions which cause confusion or otherwise threaten to compromise pedestrian and vehicular safety;

[3] Promotion of ready identification of governmental and institutional sites and events;

[4] Coordination of signs with prevailing speed limits and highway or roadway conditions.

(b) Promotion and protection of the City's visual resources by:

[1] Creation of a pleasing streetscape;

[2] Encouragement of artistic, creative, expressive and distinctive signage of appeal and quality appropriate to the respective environs;

[3] Encouragement of signage compatible and reflective of desirable architectural buildings and features;

[4] Eradication and prevention of visual clutter caused by the competitive proliferation of signs, disorderly placement, excessive height, size and illumination and redundancy.

(c) Promotion of commerce in Hackensack by:

[1] Affording each professional, business, industry and service in the City a fair and protected opportunity to communicate, identify and safely and effectively direct traffic to its site by means which are expressive of identity and appropriate to the nature of the enterprise and the surroundings;

[2] Creating a distinctive commercial environment which attracts business because of a heightened visual quality and image.

(3) Applicability.

(a) The standards in this article shall apply to all signs within the City of Hackensack, except for signs erected in redevelopment areas which are the subject of redevelopment or rehabilitation plans containing signage standards, which shall supersede the standards herein concerning signs for specific uses and zone districts.

(4) Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

AUTOMOBILE SERVICE STATION

Any business that dispenses, or is designed, used, or intended to dispense, gasoline and oil for use in motor vehicles and boats.

AUTOMOBILE SERVICE STATION CANOPY

A freestanding structure located on the same premises as a gasoline service station affording protection from the elements to persons or property thereunder.

AWNING

A roof-like cover made of nylon, canvas, or other such material or fabric that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

BANNER

A temporary paper, plastic, or cloth device hung to attract attention to a business or special event.

BILLBOARD

A sign that advertises products or services which are not on the premises of the owner or place of business to which they apply. Billboards shall not be attached to walls or rooftops, and shall be supported by uprights or braces on the ground.

BUILDING INSPECTOR

The Building Inspector of the City or his designee.

CITY

The City of Hackensack.

ELECTRONIC MESSAGE CENTERS

A sign whose alphabetic, graphic, or symbolic informational content can be changed or altered on a fixed display surface composed of electrically illuminated or mechanically driven changeable segments either by means of preprogramming or by computer-driven electronic impulses.

ERECT

To build, construct, reconstruct, attach, hang, rehang, alter, place, affix, enlarge, move or relocate.

FACADE IMPROVEMENT

Any rehabilitation, construction or alteration of a building facade.

FLAG

Any fabric or bunting containing distinctive colors, patterns or symbols.

FLAG, OFFICIAL

Any flag of the United States, the State of New Jersey, the County of Bergen, the City of Hackensack, or any other governmental unit or recognized nonprofit organization.

FLAG, TRADEMARK

Any flag that displays only a registered trademark, logo, corporate name or any combination of the former three. No other wording or display of any kind shall be considered a trademark flag.

FRONTAGE

The side of a lot abutting a street; the front lot line. On lots with multiple street fronts, the frontage shall include the length of the lot abutting all such streets.

GARAGE SALE

The offering for sale of multiple items of personal property on property designed, used or intended as a residence.

OPAQUE

Not transparent or translucent; impenetrable to light.

PLINTH

A monument sign base that rests directly on the ground designed as a support unit, architectural unit, or decorative design element.

SIGN

Any object, device, display or structure or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, photographs, illustrations, "decals," designs, symbols, fixtures, colors, illumination or projected images, but excluding the American flag or other governmental flags, athletic scoreboards on school premises, or official announcements and signs of government.

Diagram 1. "The Complete Illustrated Book of Development Definitions," Moskowitz, Harvey S., et al.

SIGN AREA

The total sign area shall be measured as per § 175-13.4H(1).

SIGN COPY

The wording or graphics on a sign surface.

SIGN FACE

See "sign area."

SIGN, A-FRAME

See "sign, sandwich board."

SIGN, ABANDONED

A sign that, after a period of 30 days, no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, project or activity conducted or product available on the premises where such sign is displayed.

SIGN, ADVERTISING

A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot on which the sign is located.

SIGN, ANIMATED

Any sign that includes action or motion or any changes in physical position of its whole or parts or a change in light intensity by rotation or movement.

SIGN, AWNING

A sign that is painted, mounted or otherwise permanently affixed to an awning.

SIGN, BANNER

A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind.

SIGN, BLADE

A two-sided projecting sign extending in a perpendicular plane from a vertical wall, in which said sign is mounted directly to the building wall or suspended from an arm or bracket attached to the building wall.

Diagram 2. "The Complete Illustrated Book of Development Definitions," Moskowitz, Harvey S., et al.

SIGN, BUSINESS

A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered upon the premises where the sign is located.

SIGN, CANOPY

A sign which is mounted to a side of or hanging from the underside of a canopy structure.

SIGN, CHANGEABLE COPY

Any sign designed to allow the sign copy (see "sign copy" definition) to be changed or altered without undertaking a physical alteration to the sign (such as changing sign panels or repainting the sign), i.e., through the use of movable letters, electronic displays, interchangeable parts, or other means. Changeable copy does not include copy pertaining to the business, occupation, or tenant advertised or identified.

SIGN, CONSTRUCTION INFORMATION

A temporary sign used during the construction of new buildings or reconstruction of or additions to existing buildings which identifies the project or future use of a site and provides information denoting the owner, architect, engineer, contractor, financing institutions or similar individuals or firms having a role or interest in the project.

SIGN, DIRECTIONAL

A sign that is limited to directional messages principally for vehicular or pedestrian traffic or other movement.

SIGN, DIRECTORY

A sign listing the tenants or occupants of a building or group of buildings that may indicate their respective professions or business activities, and containing two or more names within a single sign.

SIGN, DRIVE-THROUGH MENU BOARD

A sign displaying food, beverages or other services offered for sale at a business with drive-through service, and located adjacent to the drive-through lane on the premises upon which such service is offered.

SIGN, FLAG

A sign that is mounted on a freestanding pole or other support, made of cloth, canvas, fabric or like material designed or intended to advertise, identify or attract attention to a business organization, service or event. National flags are not considered "flag signs" and are not prohibited by this chapter.

SIGN, FLASHING

Any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Automatic changing signs such as public service time, temperature and date signs or electronically controlled message centers are not defined as "flashing signs."

SIGN, FLUTTERING

A sign which flutters or is made of flexible materials which moves with the wind or by some other artificial means, including but not limited to pennants, banners, balloons, spinning devices, streamers, and flags other than official and trademark flags.

SIGN, FREESTANDING

Any sign supported by structures or supports that is placed on, or anchored in, the ground and that is independent from any building or other structure, but excluding monument signs and portable signs.

SIGN, GARAGE SALE

A sign posted on a residential lot on which the garage sale is to be held.

SIGN, GASOLINE SERVICE STATION PRICE

A sign containing thereon the price per gallon of gasoline or diesel fuel sold at said station.

SIGN, HELP WANTED

A sign advertising the employment opportunities of a business.

SIGN, ILLUMINATED

Any sign that is illuminated by light source mounted on or in the sign or at some other location.

SIGN, INFORMATION

A sign that gives parking, building address, fire protection, traffic flow (other than directional signs), height clearance, pedestrian or other similar information and that does not advertise a business or use located on the lot or parcel.

SIGN, INSTITUTIONAL

A sign that identifies or describes the services or functions of premises or facilities used, maintained, or owned by any not-for-profit educational institution, church, religious society, fraternal organization, public utility, hospital or any other similar organization.

SIGN, INTERNALLY ILLUMINATED

Any sign lighted by or exposed to artificial lighting by lights within such sign.

SIGN, MARQUEE

A sign attached to or hung from a marquee, canopy or other covered structure, projecting from and supported by the building and extending beyond the building wall, building line or street lot line.

SIGN, MEMORIAL OR TABLET

The permanent part of a building that denotes the name of the building, date of erection, historical significance, dedication, or other similar information.

SIGN, MONUMENT or GROUND SIGN

Any detached sign on the same lot or parcel as the use it advertises which has its bottom portion attached to a proportionate base or plinth, integrated ground planter box, or structural frame.

SIGN, MOVING

A moving sign is a sign which rotates or shifts, or appears to rotate or shift position.

SIGN, NEON

An illuminated sign, typically constructed of a glass discharge tube that has been shaped to form letters or symbols, and which contains a gas or vapor (typically neon or mercury) that emits light when voltage is applied across electrodes at either end of the tube.

SIGN, OCCUPATIONAL/IDENTIFICATION

A wall sign identifying the name of a person occupying a building and mounted adjacent to the main entrance of the building.

SIGN, POLE

One or more stationary poles or pylons supporting a freestanding sign located on the same lot or parcel as the use it advertises.

SIGN, POLITICAL

A temporary sign advocating or opposing any political proposition or candidate for public office.

SIGN, PORTABLE

A sign that is not permanently affixed to a building or structure, or the ground, and that may be readily moved or relocated.

SIGN, PROFESSIONAL

A sign directing attention to the office of a recognized profession located on the same lot.

SIGN, PROJECTING SHINGLE

Any sign that is wholly or partly dependent upon a building for support and projects more than 14 inches from such building.

SIGN, PYLON

See "sign, pole."

SIGN, REAL ESTATE

A real estate sign is a sign placed upon a property for the purpose of advertising to the public the sale or lease of the property placed thereon.

SIGN, ROOF

Any sign erected on or above a roof, excluding wall signs. The generally vertical plane of a mansard-type roof shall be interpreted as the same as a wall of a building.

SIGN, SANDWICH BOARD

A portable sign, also known as an A-frame sign, that consists of two hinged sign boards with information on each side designed to be placed on the ground or hung from the shoulders of an individual.

SIGN, TEMPORARY

Any sign intended for a limited or intermittent period of display.

SIGN, WALL

Any painted sign, letter, word, model, device or representation that may be affixed to the front, side or rear wall of any building and in the same plane as the face of the wall and which does not project more than 12 inches from that wall.

SIGN, WINDOW

A sign internally or externally affixed on a window or located inside the window which is designed or intended to be visible from the exterior of the building.

SPECIAL DISPLAYS

Signs or an assemblage of materials used for holidays or promotion of civil welfare or charitable purposes.

STREET FRONTAGE

See "frontage."

WINDOW AREA

Includes the aggregate square footage of all windows on any given story of any structure, regardless of the angle or angles at which they are set. In computing window space, there shall be included all portions of any door which contains a window.

B. Permit required; issuance of permit; fees.

(1) Application.

(a) No sign shall be erected, altered, located or relocated within Hackensack except upon application and the issuance of a permit as hereinafter provided, or as excepted/exempted at § 175-13.4B(4):

[1] Application for a permit for residential signs. Application for a permit for a nonexempted sign for premises used for residential purposes shall be made in writing to the Zoning Officer and presented together with the appropriate filing fee. 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. There shall also be provided a statement as to the means by which said sign shall be constructed on the premises. The Zoning Officer shall act upon such application within 15 days of the receipt thereof.

[2] 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 Zoning Officer. Such application shall be sufficient to describe the premises and location at which the sign is to be affixed and shall include at minimum the following items:

[a] The name and address of the applicant;

[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 of the sign, reflecting its composition, colors, dimensions, elevation from grade level and lighting;

[e] The address of the premises;

[f] Specification and location of all existing signs;

[g] The sight distances, in the case of freestanding signs, with relation to accessways to the premises on which such sign is to be located and adjacent premises;

[h] The information to be stated on sign; and

[i] The method by which said sign shall be secured.

[3] Application for a permit for a sign which does not comply with the provisions of this article shall be submitted to the appropriate approving authority including any sign associated with a change in occupancy or ownership which does not comply with the provisions set forth herein.

[a] Such application shall be in writing and, upon notice and a public hearing where the same is required by law, submitted at least 10 days before the next meeting preceding the succeeding public meeting date of the appropriate authority, together with a filing fee as hereinafter set forth. Such application shall include one digital submission and four fully collated copies containing sketch plats, in the case of an application for a freestanding sign, or building elevations where the application is for other than a freestanding sign. Submissions shall be drawn to scale and reflect the sign location and designation.

(2) Issuance of permit.

(a) A permit shall be issued by the Zoning Officer upon the favorable action of the approving authority, subject to any other applicable governmental regulations, or as otherwise provided herein.

(b) A permit for the replacement of an existing sign may be issued by the Zoning Officer without the necessity of Board approval only upon satisfaction of all of the following conditions:

[1] There is no physical alteration or expansion to the existing sign beyond the limits permitted herein;

[2] The sign conforms in all respects to the ordinance provisions specified herein;

[3] No other signage is proposed to be added to the premises beyond that which is permitted herein.

(3) Fees.

(a) At the time of the filing for a permanent sign permit, the applicant shall pay to the Zoning Official a $50 application fee.

(b) At the time of the filing for a temporary sign permit, the applicant shall pay to the City of Hackensack $25. Temporary signs for and in connection with special events in the community will be issued permits without fee.

(4) Exemptions. The following signs shall be exempt from permits and fees:

(a) Real-estate signs concerning the sale, lease or rental of property erected on the offered property as follows:

[1] Residential zones: a maximum of one, not exceeding eight square feet in outline area per facing for single-family residences or eight square feet in outline area per facing for other uses, and providing sign does not exceed five feet in height from grade to the highest point on the sign or the structure to which it is mounted.

[2] Commercial zones: a maximum of one per street frontage, provided each sign has a maximum of eight square feet in outline area per facing, and providing such signs do not exceed five feet in height from the surrounding grade to the highest point on the sign or the structure to which it is mounted.

(b) 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, provided such sign or tablet face does not exceed six square feet in area.

(c) Signs erected inside a building not visible through windows.

(d) Trespassing or privacy signs. Signs which prohibit trespassing or indicate privacy of premises, driveways or streets, not exceeding two square feet in size per side nor a height of five feet from grade.

(e) Help wanted signs. One sign advertising employment opportunities, located on the lot or parcel of the business advertising employment opportunities in any B Business or M Manufacturing Zone, provided that it is not larger than one square foot in area, except that up to six square feet is permitted where the building wall or window on which the sign is erected is set back more than 40 feet from the public right-of-way line.

(f) Open/closed signs and signs indicating business hours. Such signs shall not exceed one square foot and shall contain no other information than that necessary to highlight business hours and the open/closed status of a business.

(g) Customary holiday decorations displayed on residential premises for a not more than 10 days before nor three days after the applicable holiday.

(h) Residential nameplates, provided they are less than two square feet in area.

(i) Traffic control signs, the face of which meets the standards of the Department of Transportation and which contains no commercial message.

(j) Directional and informational signs for nonresidential uses, provided the area of such sign is not more than four square feet, and provided the number of such signs on site is limited to that which is reasonably necessary and appropriate for safety, circulation, information or other noncommercial purposes. Such directional or informational signs shall not contain advertising, logo, symbols, business identification or other nondirectional copy.

(k) Signs regulating parking on private property, meeting the standards in Chapter 127.

(l) Signs for official governmental or quasi-governmental business, including signs or banners advertising public or quasi-public events that are posted or displayed with the permission of the governing body or its designee(s).

(m) Flags of the United States, State of New Jersey, County of Bergen, City of Hackensack, foreign nations having diplomatic relations with the United States, other flags adopted or sanctioned by any elective legislative body of competent jurisdiction and flags flown in conjunction with the flag of the United States, provided that:

[1] In a residential zone district, no such flag shall exceed 24 square feet in area, nor shall any such flag be flown in excess of 20 feet in height or be set back nearer to any lot line than the principal building; or

[2] In a residential zone district, no such flag shall exceed 60 square feet in area, nor shall any such flag be flown from a pole in excess of 35 feet in height or be erected nearer to any lot line than the midpoint of the respective yard nor closer to the street right-of-way than 10 feet.

The flag's area shall be in reasonable proportion to the height of the pole from which it is displayed. Not more than three flags may be flown from any one pole. Statutory requirements associated with flags and the generally accepted standards of flag display protocol shall be observed.

(n) Flags honoring and remembering military and servicemen and women of the United States, subject to the above restrictions on flags.

(o) Public safety signs.

(p) Identification signs displayed by houses of worship.

(q) Any public notice or warning or safety sign required by a valid and applicable federal, state or local law, regulation or ordinance.

(r) Updates or changes to fuel price information displayed on pump-mounted and freestanding signs at automobile service stations, provided that the signage does not deviate from the applicable standards in this article.

(s) Regulation mailboxes of the United States Postal Service.

(t) A sign identifying the architect, engineer or contractor, when placed upon a work site under construction, not to exceed 12 square feet in area, provided the sign is set back at least 10 feet from the curb and the top of such sign is no higher than 15 feet above grade of the adjacent street. Such sign shall not be erected before the issuance of construction permits for the particular project, and further provided that same are removed within five days after final certificate of occupancy is issued.

(u) Election or political signs, provided that said signs are placed entirely on private property and do not exceed 12 square feet in area and that such signs are placed no earlier than 30 days prior to the date of election and removed within five days following the date of the applicable election.

(v) Bulletin boards not over 16 square feet in area for public, charitable or religious institutions when same are located within the property of said institutions;

(w) Garage sale signs.

(5) The following signs shall be exempt from fees. Sign permits shall be required.

(a) Banners or signs of the United States, the State of New Jersey, the County of Bergen, the City of Hackensack, the Hackensack School District, the Hackensack Volunteer Fire Department or any other governmental unit affixed to utility poles, provided approvals are received from the utilities and governmental units having jurisdiction over the poles and adjacent rights-of-way, respectively.

C. Nonconforming signs.

(1) Any sign which lawfully existed on the effective date of this article or an amendment thereto which renders such sign nonconforming because it does not conform to all of the standards and regulations of the adopted or amended article shall be considered a legally nonconforming sign.

(2) Any sign which was erected unlawfully prior to the adoption of this article or amendment thereto or which is erected hereafter in contravention of the standards or regulations of this article without obtaining the required permits or variances shall be considered an illegal nonconforming sign.

(3) Loss of legally nonconforming status. A legally nonconforming sign shall immediately lose its legal nonconforming status if any of the following circumstances are applicable:

(a) The sign is altered in any way in structure which tends to or makes the sign less in compliance with the requirements of this chapter than it was before the alteration. Alterations covered by the above provisions include, but are not limited to, alteration of sign area, dimension, height or location; alteration of sign letters, logos, symbols or other design or construction; alteration of any aspect of sign illumination; and, alteration of sign material or color.

(b) The sign structure is relocated to a position making it less in compliance with the requirements of this chapter, except that any such sign which is hereafter required to be moved by a governmental body for the purpose of construction, relocation, widening, or improvement of a street, highway, or other public purpose may be relocated once on the same lot and allowed to be maintained and used as before. Such a sign, once relocated, is still considered a legally nonconforming sign and bound by this section.

(c) The sign is replaced.

(d) Should any nonconforming sign be damaged by any means, other than vandalism, to the extent of over 50% of its surface area or structure, it shall not be reconstructed except in conformance with the requirements of this chapter. Nonconforming signs which are damaged by vandalism to the extent of over 50% of their physical value shall be restored within 60 days or removed or brought into compliance with the provisions of this chapter.

(e) On the occurrence of any one of Subsection C(3)(a) to (d) above, the sign shall be immediately brought into compliance with this chapter with a new permit secured therefor or shall be removed pursuant to § 175-13.4F. If any existing sign is repainted or the sign panels are replaced for the purpose of changing the business, occupation, or tenant advertised or identified, it shall be considered a new sign and shall be brought into compliance with this chapter. However, the repainting or replacement of panels on a billboard shall not be considered a new sign. Ordinary maintenance or repair of an existing sign to a safe condition shall not be cause to classify the sign as a new sign.

(4) Routine maintenance. Routine maintenance for any nonconforming sign shall be permitted, provided that such maintenance shall comply with the provisions of § 175- 13.4C(3). The term "routine maintenance" is intended to include such activities as cleaning, replacement of light bulbs, removal of rust and corrosion and repainting. Specifically prohibited is the replacement of the sign structure or message, in whole or in part.

D. Inspections. Following the erection of a sign or signs for which a permit was required and obtained, the Zoning Officer shall inspect a sign or signs after erection is completed for compliance with this chapter. All other necessary permits, such as electrical permits, shall be obtained and inspections shall be performed as applicable.

E. Revocation of permit.

(1) The Zoning Officer may revoke any sign permit which violates any provision of this chapter or which has been secured by subterfuge or is void or which has been issued by mistake, misunderstanding or error of the City.

(2) The City Zoning Officer, City police officers and/or any authorized City employee may at any time revoke any sign permit in respect to a sign erected, altered, relocated or reconstructed in violation of the provisions of this chapter.

(3) The City police officers and the City Zoning Officer or any other authorized City employee shall be charged with the enforcement of all provisions of this chapter.

F. Sign removal.

(1) Except for signs which are legally nonconforming or which are exempt from obtaining a permit, the City Zoning Officer may take the necessary steps to remove those signs which:

(a) Are determined not to be a legally nonconforming sign and do not have the required permit or have an expired permit.

(b) Constitute a public nuisance as defined by ordinance or are unsafe or hazardous and represent an immediate threat to the health and safety of the City.

(2) Whenever there is a change in occupancy of a building or premises, including any vacancy of such building or premises, the message of any sign or signs which identify or advertise an individual, business, service, product or other item that is no longer present or available in the building or on the premises shall be removed within 30 days. The provisions of this subsection shall not be construed to require the removal of any sign structure fitting this scenario, except as required by Subsection F(3) below.

(3) The manner of removal of sign messages shall include, but is not limited to, the following:

(a) In the case of a sign with a painted message, the sign message shall be painted over to match the background.

(b) In the case of a sign with projecting or movable letters or symbols, the letters and/or symbols 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 an electronic sign, the sign shall be removed and any exposed electronic wiring, outlets, or other mechanisms on the sign-mounting structure carrying electric current shall be covered, sealed, shut off, or removed to eliminate fire hazards.

(e) 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 that the sign message could reasonably apply to the next occupant of the building or premises. If the sign message does not accurately identify or advertise the next occupant of the building or premises or any product, service or other item available at the premises, the sign structure shall be removed prior to the issuance of a certificate of occupancy for said occupant.

(4) If any sign is deemed to require removal under the provisions of this chapter, the City Zoning Officer shall give notice of any alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall be put in writing, include a statement of the reasons why it is being issued, allow a reasonable time for the performance of any act it requires, and be served upon the owner or his agent or upon the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served upon him personally, or if a copy thereof is sent by registered mail to his last known address, or if a copy thereof is posted in a conspicuous place in or about the premises affected by the notice, or if he is served with such notice by any other method authorized or required under the laws of this state. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.

(5) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Mayor and Council or their designee, provided that:

(a) Such person shall file, with the City Clerk, a dated and written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served;

(b) Upon receipt of such petition the Mayor and Council or their designee, shall set a time and place for such hearing and shall give the petitioner written notice thereof;

(c) At such hearing, the petitioner shall be given an opportunity to be heard, submit evidence, witnesses (under oath), cross-examine witnesses and submit oral argument or brief(s), and to show why such notice should be modified or withdrawn;

(d) The hearing shall be commenced not later than 20 days after the day on which the petition was filed, provided that upon application of the petitioner, the date of the hearing may be postponed for a reasonable time beyond such twenty-day period for good cause shown;

(e) After hearing, the Mayor and Council shall decide the appeal directly on the record, or if a designee heard the appeal, the Mayor and Council may consider any report and recommendation filed by the designee, if any, with oral argument at the option of the Mayor and Council;

(f) If the Mayor and Council sustains or modifies such notice, it shall be deemed to be an order.

(6) Any notice served pursuant to this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the City Clerk within 20 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Mayor and Council, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Zoning Officer. Such record shall also include a copy of every notice or order issued in connection with the matter.

(7) Any person aggrieved by the final decision of the Mayor and Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.

(8) Whenever the Zoning Officer finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the City Clerk, shall be afforded a hearing before the Mayor and Council or their designee as soon as practical. After such hearing, depending upon the finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Mayor and Council shall direct the Zoning Officer to continue such order in effect, or cause it to be modified or revoked, pending a plenary hearing.

(9) If any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter or of any rule or regulation adopted pursuant thereto fails to comply therewith in any way, the City Zoning Officer shall have the sign removed at the expense of the person responsible for the erection or maintenance of the sign, and in the event that all costs associated with the City having such sign removed is not recovered from the responsible party, said cost shall become an assessment and a lien on the property; such lien to be certified by the Tax Assessor of the City of Hackensack.

(10) The City Zoning Officer is authorized to go upon any premises in the City of Hackensack for purposes of removing signs under the provisions of this section. Signs removed by the City Zoning Officer shall be retained for the owner's account for a period of 60 days and shall be returned to the owner upon payment of the expenses of removal. If not claimed within that time, they shall become the property of the City of Hackensack and may be destroyed or sold for the payment of the expense of removal. If sold, any excess from the proceeds of the sale shall be returned to the owner. In addition, the City of Hackensack shall in no way be held financially responsible for any damages that may be incurred as a result of said removal.

G. Violations.

(1) Penalty. Any person violating this section or any of its provisions shall, upon conviction, be subject to the penalties set forth in Chapter 1, § 1-15, of the Code of the City of Hackensack. Each day and instance of violation shall constitute a separate offense, and at the discretion of the Zoning Officer, a summons may be issued for each separate offense. This section may also be enforced in an action at law or equity for injunctive relief, pursuant to applicable law.

(2) Hearing on violations. Any summons issued pursuant to this chapter shall be under the jurisdiction of the City of Hackensack Municipal Court.

H. 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 measuring the total area of the space utilized for sign purposes including the spaces between all letters, figures, numbers, images or symbols.

(a) Where a sign frame and any material or color forming an integral part of the background of the sign display is used as a backdrop against the structure on which it is placed, sign area shall be measured to the extreme limits of the sign frame or backdrop. Sign area shall also include the ground structure or any decoration which is an integral part of the sign, but excluding supports.

(b) Odd shape. Where a sign frame or background is not a simple shape (triangles, circles, or rectangles), the area may be computed using simple shapes closely wrapping the shape in the event that the area is not provided by the applicant.

Diagram 3. Source: City of New Brunswick City Code, Chapter 17.06, Signage Requirements.

(2) Computation of area of multifaced signs. The sign area for any double-faced sign shall be computed based on one face only, except in the case of a double-faced sign with unequal sides, in which the area of the larger side shall be used to determine sign area.

(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. Grade shall be construed to be the newly established grade after construction, or the lowest part of the ground where a sign is erected on a slope.

Diagram 4. Source: City of New Brunswick City Code, Chapter 17.06, Signage Requirements

(4) Prohibited signs generally. No person shall construct, erect, locate, use or maintain any of the following signs within any zone district of the City, except as otherwise permitted elsewhere in this chapter, or unless the sign has been certified to be a legal nonconforming sign by the Zoning Officer or has obtained a variance for such sign:

(a) Signs emitting a sound, odor or visible matter such as smoke or vapor. No sign erected shall contain audio equipment.

(b) Exterior use of advertising devices such as banners, streamers, pennants, flags, and balloons, lights (whether flashing, flickering, blinking, or rotating), wind-operated devices and any other type of fluttering or flashing devices or emitting an unsteady or glaring light.

(c) Signs placed or affixed to vehicles and/or trailers:

[1] Which are parked on a public right-of-way, public property or private property (other than a private residence where one vehicle identifying a business is owned by or the sole commuting vehicle for a resident living therein) so as to be visible from a public right-of-way and where the apparent sole purpose is to advertise a product or direct people to a business or activity located on the same or nearby property; or

[2] Which inadvertently obstruct free and clear vision of or interferes with, obstructs the view of, causes an optical illusion or may 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.

[3] However, this is not in any way intended to prohibit the types of signs below:

[a] Signs placed on or affixed to vehicles and trailers, such as permanent lettering on motor vehicles, where the vehicle is a duly registered commercial vehicle used to provide services associated with a business and the business identification sign is incidental to the primary use of the vehicle or trailer; or

[b] Temporary lettering and numbers placed on vehicles to display pricing information associated with the sale of such vehicle when the vehicle is located on the premises of an automobile sales establishment.

(d) Animated signs and mechanical contrivances. No sign erected shall contain flashers, animators or mechanical movement or contrivances of any kind, including clocks and time and weather information (such as electronic message centers).

(e) Paper posters and painted signs applied directly to a tree, rock or natural feature of any kind or to a wall of a building, fence or pole or other support, except when posted or approved by the Zoning Officer or Hackensack Police Department for a public purpose or permitted event.

(f) Signs advertising an article or product not manufactured, assembled, processed, repaired, serviced or sold, or any service not provided upon the premises upon which the sign is located.

(g) Revolving signs of any type, including searchlights, except for traditional-style barber shop used customarily in connection with a barber shop, provided said pole is not light-emitting.

(h) Neon signs of any kind, whether located on the exterior or interior of a wall or window if visible from the street upon which the premises fronts.

(i) Signs on parking lot light standards not relating to traffic control.

(j) Signs within the public street right-of-way, sidewalks, or other walking paths (other than public notices and unless otherwise allowed in this chapter).

(k) Roof-mounted signs or "sky signs."

(l) Signs that are in such a state of disrepair as to constitute an immediate threat to the public health, welfare and safety.

(m) Business signs for businesses which are discontinued for a period in excess of 30 days.

[1] In the event that the sign is not removed within the thirty-day period, the sign owner, lessee, or the property owner shall immediately remove any sign identifying or advertising the business or any product sold thereby; provided, however, this requirement shall not apply where under the provisions of this chapter an existing conforming sign may remain when evidence is presented to the Zoning Officer that a new business will be in operation on the premises within the 30 days.

(n) Signs or other advertising structures, as regulated by this chapter, 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 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.

(o) Any sign not in compliance with the City Building or Electrical Codes, as amended, as to design, structural members and connections.

(p) Pole signs, except as otherwise provided for in this chapter.

(q) Billboard or billboard signs.

(r) Any sign located or displayed upon any sidewalk or street or area between the sidewalk and curb or projecting on or over a sidewalk or street, except as provided in this chapter.

(s) Signs erected or painted or composed of day-glow or phosphorescent or similar material.

(t) Hand-lettered interior window signs.

(u) Exhibiting statements, words, pictures or images of an obscene, profane, derogatory, threatening, or pornographic nature, or words and symbols which in combination may be interpreted as having a profane implication or meaning.

(v) Signs promoting any political candidate or party or plebiscite/referendum/proposition/public question except during the period starting 30 days before and ending five days after the date of the election in for which that candidate, party, or plebiscite question is being considered for a vote.

(w) Strings or streamers of flags, pennants, spinners or other similar devices strung across, upon, over or along any premises or building, whether as a part of any sign or not.

(x) Signs erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape.

(y) No sign of any kind shall be attached to a standpipe or fire escape.

(z) Any changeable-copy sign, except for permitted gasoline service station price signs and canopy or marquee signs for theaters, that are designed to allow the sign copy to be changed or altered without undertaking a physical alteration to the sign (such as changing sign panels or repainting the sign), i.e., through the use of movable letters, electronic displays, interchangeable parts or other means. Changeable copy does not include copy pertaining to the business, occupation, or tenant advertised or identified.

I. Standards generally.

(1) No sign may be erected or maintained so as to obstruct free ingress or egress to building openings, driveways, sidewalks or other passageways.

(2) No sign shall have more than four colors, inclusive of its background, frame and decorative parts. However, varying tones or gradients of the two main colors may be utilized on a sign and shall not constitute additional colors. For the purposes of this chapter, black and white shall be considered colors. Notwithstanding anything herein to the contrary, in such instance where black or white shall be used in the formation of a sign as aforesaid, then in such instance either of such may be used as a third color.

(3) Canopies, awnings and marquees with signage embossed upon them shall be considered to be a business sign.

(4) Illumination. No sign shall be illuminated except as provided herein.

(a) Sign illumination. Direct illumination or backlighting shall not exceed 75 footcandles when measured with a standard light meter perpendicular to the face of the sign from a distance equal to the narrowest dimension of any sign.

(b) No sign shall be illuminated externally by more than one floodlight per surface of said sign. Such lighting shall be at grade and properly directed and shielded so as not to produce glare or offensive light off the property.

(c) All light shall be designated to minimize glare, and light levels off site from sign lights shall be less than 0.1 footcandle. Furthermore, glare and illumination emitted from signage shall not be detectable from residential apartments, offices, or similar uses above ground level such that it becomes a nuisance.

(d) Flashing signs, highly reflective glass or fluorescent paint (red or green) and illuminated tubing outlining roofs, doors, windows or wall edges of a building are prohibited.

(e) Any light box sign or lit awning is subject to the following limitations:

[1] Only the letters and symbols may be illuminated.

[2] An opaque background must set off the illuminated sections.

[3] The letters, logos and symbols may take up a maximum of 40% of the sign area, leaving 60% opaque.

[4] No sign shall be artificially illuminated after 11:00 p.m. or before 7:00 a.m. unless said premises are occupied and attended.

(f) The City of Hackensack encourages illumination of signs from external sources, provided glare is minimized. Wherever it is impractical to provide such a source of illumination, and only as specifically permitted by this chapter, internally illuminated signs may be permitted. Light sources from internally illuminated signs shall not be visible from outside the sign, and the light from the light source shall be diffused to eliminate hot spots. Light sources shall be protected from damage. Light levels at property lines shall be less than 0.1 footcandle.

(5) Every sign in the City, including signs exempted from obtaining a sign permit, shall be maintained in good repair and good structural condition at all times, including painted or otherwise finished surfaces, as well as all parts and supports which must be maintained in their design condition and position. Broken parts of signs must be replaced or repaired within 15 days of notification by the Zoning Officer and in such a manner as to maintain the appearance and structure of the sign as it was approved for installation.

(6) The Zoning Officer shall have the authority to order the painting, repair, alteration or removal of signs which have not been properly maintained or repaired or which have become dilapidated or are abandoned or which constitute a hazard to public safety.

(7) No permanent signage, other than allowable temporary window signs, shall be constructed of paper, nylon, fabric or any other type of nondurable material, except awning signs, as permitted in this article.

(8) Language and symbols:

(a) Business signs may include text in languages other than English or use letters or symbols from an alphabet other than the Latin alphabet, provided that English translation or transliteration into the Latin alphabet must be provided at equal or greater size and visibility as follows:

(b) Where languages composed of an alphabet other than Latin are used (including, but not limited to, Japanese, Arabic, Hebrew, Greek, Slavic, and others) to identify business names or owners, phonetic transliteration must be provided in Latin alphabet.

(c) English translations of signs displaying menus or advertisements of products and services in any non-English language must be included. This does not preclude the addition of translations in languages other than English to reach a more diverse population.

(d) Under no circumstances may the non-English translation or non-Latin transliteration on public-facing signage be obscured.

(e) The combination of signs in all languages and alphabets required to comply with this section shall be required to conform to the maximum permitted number of signs, sign area, sign heights and widths, and other signage dimensions as provided in this section.

(f) All numeric symbols shall be Arabic numerals.

J. Signs regulations for particular districts and uses.

(1) Table 1 dictates the types of signs that are permitted for particular uses or within particular districts, and establishes the standards for those uses.[1]

[1] Editor's Note: Table 1 is included as an attachment to this chapter.

(2) Any signs which are identified as exempt from permits and fees in § 175-13.4B(4) are also permitted in zone districts and uses where applicable even if not identified in Table 1.

K. Regulations governing sings in nonresidential zone districts.

(1) The following supplemental regulations shall apply as noted.

(a) Signs in the B and M Zone Districts. Signs in these districts shall comply with the following requirements:

[1] The lettering or graphic panel shall not exceed 75% of the linear width of the storefront on which it is located. Letters shall not be more than two feet in height.

[2] Wall signs shall advertise only the permitted use, products or service on the premises on which they are displayed.

[3] Window signs. Permitted contents of window signs include window signs limited to indicate membership in a retail or professional organization or credit card or credit association, to show manufacturers' or required licenses, advertisements referable to sales within, or a menu of food items where the business use is a restaurant.

[4] Governmental signs. In addition to any sign permitted pursuant to this section, a sign or signs as may be required by any federal, state, county or municipal law to be displayed as a license or permit may be attached to a store window or windows. The size of such governmental sign(s) shall not be included in any calculation of maximum area coverage.

[5] Restaurant menus. Menus for restaurants may be displayed as part of window signage within the 20% cap established above, and as follows:

[a] In a display case affixed to the building wall near the primary customer entrance not exceeding 1.5 square feet; or

[b] A portable, A-frame, or sandwich-board sign, provided that:

[i] No part of the sign may be further than two feet from the building entrance nor within five feet of the sidewalk curb or any sidewalk furniture or other fixed obstruction;

[ii] Under no circumstances shall the placement of the sign obstruct or disturb pedestrian circulation or be used to manipulate pedestrian movement in any way;

[iii] Any movable sign must be anchored to the building facade so as to prevent said sign from being moved by natural forces (wind, flood), provided that the anchoring method does not project further into the right-of-way than the sign itself.

[6] Signs for business uses with a common entrance and other uses. Signs for permitted uses in those districts permitting business, professional, and medical office uses which share a common entrance shall be limited to tenant identification or directory signs which shall comply with the following:

[a] Said signs shall be unlighted.

[b] They shall be limited to one sign per tenant.

[c] They shall be uniform in appearance and shall be made of the same materials with the same background and contain the same letter type, style and materials as all other similar signs used by tenants in the building.

[d] Said signs shall not exceed an area of two square feet per sign nor a vertical height of eight inches.

[e] Where there is more than one tenant in the building, all of said signs shall be abutting one another and not indiscriminately placed on the exterior walls of the building.

[7] Shopping centers and other multitenant developments. In addition to the signage requirements for each zone district, shopping centers and other multitenant developments shall be governed by the following regulations:

[a] A sign plan shall be submitted to the approving authority for approval and shall include the following:

[i] Letter style and size, illumination details, color, construction materials, locations, and height above grade;

[ii] Location relative to lot lines, landscaping and on-site lighting fixtures;

[iii] An indication of the location of site identification signs and, for shopping malls, internal directional signs (as determined to be necessary).

[b] A unified design theme shall be provided which integrates the architectural design, materials and colors of the primary structure, facade signs, freestanding signs, landscaping, and lighting fixtures.

L. Temporary signs shall comply to the following:

(1) All temporary signage, except as specifically exempted under this article, shall require a permit. Said permit 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, except where shorter periods are established in the subsections below.

(a) Temporary signage shall be removed at the termination of the applicable period of validity.

(2) No temporary sign shall exceed an area of eight square feet.

(3) Grand opening, business opening signs and "coming soon" signs. Approved temporary signs advertising an incoming business shall be removed no later than the first date that said business serves customers on the premises. Signs announcing the opening of a new business shall be removed no later than five days after the first date that said business serves customers on the premises. No business signage shall be maintained or erected past the first five days of operation unless approved by the Zoning Official as permanent signage.

(4) Help-wanted signs. Signs advertising employment opportunities may be posted in windows of businesses in B Zone Districts, provided that such signs in combination with permanent window signs do not exceed the permitted window coverage, and that such signs do not exceed one square foot in area or four square feet where the facade is more than 40 feet from the public right-of-way.

(5) Garage sale signs. Not to exceed six square feet in area, nor five feet in height on the premises where the sale is occurring or on any other property within 200 feet of those premises. Shall only be erected after permit to conduct a garage sale is issued, and may only be erected beginning 24 hours before the sale starts and removed within 24 hours after the sale has finished.

(6) Insurance for temporary signs may be required by the Mayor and Council.

(a) Any person obtaining a permit for the erection of a temporary sign, where the Mayor and Council requires insurance, shall provide proof to the satisfaction of the Construction Code Official that the person, firm or corporation actually doing the erection 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. 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 of Hackensack, and their erection or installation is hereby specifically prohibited. This section shall not be deemed to prohibit temporary lawn signs or street banners as set forth elsewhere in this chapter. Streamers of flags or pennants and banners shall be permitted as temporary signs subject to the permit requirements of the City of Hackensack.