For the purpose of this chapter, the City of Union City is hereby divided into 14 classes of districts, redevelopment districts and overlay districts, as follows:
Zoning Districts:
R District: Residential
C-N District: Neighborhood Commercial
MU District: Multiple Use
P District: Public
P-A District: Parks-Air Rights
Redevelopment Districts:
D-BG District: Bus Garage Redevelopment
D-RS-A District: Roosevelt Stadium Redevelopment
D-RS-B District: Roosevelt Stadium Redevelopment
D-RS-S District: Roosevelt Stadium Redevelopment
D-ST District: Swiss Town Redevelopment
D-Y District: Yardley Building Redevelopment
8th Street Redevelopment
Overlay Districts:
HPOD Overlay District: Historic Preservation Overlay District
PPOD Overlay District: Palisades Preservation Overlay District
The location and boundaries of these districts are hereby established as shown on a map entitled "Zoning Map, City of Union City, Hudson County, New Jersey," dated July 2019, and as may be amended from time to time, which map accompanies and with all explanatory matter thereon is made part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
Where uncertainty exists as to the location of any boundaries shown on the Zoning Map, the following rules shall apply:
A. 
District boundary lines shall follow street center lines or lot lines or extensions of and from the same, as such street and lot lines exist at the time of passage of this chapter, unless such district boundary lines are referenced by some street line dimension shown on the Zoning Map.
B. 
Where such boundaries are indicated as approximately following the lines of lots or other parcels of record and are not more than 10 feet distant therefrom, such lot or parcel lines shall be construed to be such boundaries.
C. 
If a district boundary line is not thus referenced or there is doubt in a particular instance as to what line is determining, the location of such district boundary line shall be determined by the Zoning Officer by scaling the Zoning Map.
Where a lot in one ownership of record is divided by one or more district or municipal boundary lines, the following shall apply:
A. 
Uses permitted in one district may not extend into another district where they would not otherwise be permitted.
B. 
Dimensional requirements shall be measured from lot lines and not zoning district lines.
[Amended 3-21-2023 by Ord. No. 2023-60; 10-22-2024 by Ord. No. 2024-26]
This Zoning article shall be viewed as permissive. After the adoption of this chapter, no uses or structures shall be permitted in the City which are not listed as a permitted, accessory or conditional use or unless permitted by the Zoning Board of Adjustment. Smoke shops and vape shops are expressly prohibited as uses in all zones within the City. Poultry shops are expressly prohibited as uses in all zones within the City.
Notwithstanding compliance with specific conditional use standards hereinafter set forth, conditional uses shall require site plan approval by the appropriate approving authority.
A. 
R Residential District.
(1) 
Purpose. The purpose of this zone is to ensure consistency with the Master Plan Reexamination Report, adopted January 22, 2019, in order to maintain the character and scale of the City's residential neighborhoods by creating standards that encourage infill development in a manner consistent with the City's current and desired future density, and by maintaining existing development intensity and population density consistent with the residential neighborhood patterns.
(2) 
Permitted principal uses.
(a) 
One-family dwellings.
(b) 
Two-family dwellings.
(c) 
[1]Assisted living facilities.
[1]
Editor's Note: Former Subsection A(2)(c), Three-family dwellings, was repealed 5-18-2021 by Ord. No. 2021-8. This ordinance also renumbered former Subsection A(2)(d) through (h) as Subsection A(2)(c) through (g), respectively.
(d) 
Nursing homes.
(e) 
Municipal uses.
(f) 
Public parks and playgrounds.
(g) 
Legal, preexisting multifamily developments.
(3) 
Permitted accessory uses.
(a) 
Uses which are customarily incidental and accessory to the principal use.
(b) 
Private, ground-floor parking garages.
(c) 
Noncommercial private swimming pools.
(d) 
Minor home occupations.
(e) 
Family day-care homes.
(4) 
Permitted conditional uses.
(a) 
Places of worship, subject to institutional use requirements.
(b) 
Clubs for civic, political, charitable, social service, recreation or veterans' organizations, subject to institutional use requirements.
(c) 
Schools, subject to institutional use requirements.
(d) 
Nonaccessory parking lots.
(5) 
Supplemental requirements.
(a) 
The off-street parking requirement shall be met through ground-floor garage parking.
(b) 
No habitable space is permitted on the ground floor.
(c) 
The massing and spacing of buildings must be comparable to those on 2,500-square-foot lots, i.e., a 5,000-square-foot lot can either be subdivided into two 2,500-square-foot lots or two structures with ground-floor garage parking and upper-floor residential can be built. A minimum of four feet shall be maintained between the buildings.
B. 
C-N Neighborhood Commercial District.
(1) 
Purpose. This zone is intended to ensure consistency with the Master Plan Reexamination Report, adopted January 22, 2019, in order to provide commercial sales and service uses for the adjoining neighborhoods.
(2) 
Permitted principal uses.
(a) 
Retail sales and personal service establishments.
(b) 
Offices (upper floors only).
(c) 
Medical offices (upper floors only).
(d) 
Dwelling units (upper floors only) in a mixed-use building.
(e) 
Legal, preexisting multifamily developments.
(f) 
Live/work units (upper floors only).
(g) 
Restaurants, excluding drive-through restaurants.
(h) 
Eating and drinking establishments, excluding drive-throughs.
(i) 
Bars.
(j) 
Banks, excluding drive-through banks.
(k) 
Hotels.
(l) 
Theaters.
(m) 
Open-air markets.
(n) 
Community centers.
(o) 
Indoor commercial recreation.
(p) 
Health clubs.
(q) 
Child-care centers.
(r) 
Municipal uses.
(s) 
Government uses.
(t) 
Public parks and playgrounds.
(u) 
Places of worship, subject to institutional use requirements.
(3) 
Permitted accessory uses.
(a) 
Uses which are customarily incidental and accessory to the principal use.
(b) 
Minor home occupations.
(c) 
Outdoor dining: sidewalk cafe areas, subject to § 223-9F.
(d) 
Outdoor dining: private property.
(4) 
Permitted conditional uses.
(a) 
Public and private parking garages.
(b) 
Wireless telecommunications facilities.
(c) 
Major home occupations.
(d) 
Nonaccessory parking lots.
(e) 
Drive-through banks.
(f) 
Drive-through restaurants.
(g) 
Car washes.
C. 
MU Multiple Use District.
(1) 
Purpose. The purpose of the Multiple Use District is to ensure consistency with the Master Plan Reexamination Report, adopted January 22, 2019, in order to recognize the existing arrangement of industrial, commercial and residential properties in close proximity to each other and to encourage expansion and reinvestment in such properties when adhering to modern land use controls.
(2) 
Permitted principal uses.
(a) 
Multifamily dwellings.
(b) 
Retail sales and personal service establishments.
(c) 
Offices.
(d) 
Medical offices.
(e) 
Dry-cleaning establishments and plants.
(f) 
Light industrial.
(g) 
Self-storage facilities.
(h) 
Live/work units in conjunction with the adaptive reuse of an existing building.
(i) 
Child-care centers.
(j) 
Municipal uses.
(k) 
Government uses.
(l) 
Public parks and playgrounds.
(3) 
Permitted accessory uses.
(a) 
Uses which are customarily incidental and accessory to the principal use.
(b) 
Minor home occupations.
(4) 
Permitted conditional uses.
(a) 
Places of worship, subject to institutional use requirements.
(b) 
Clubs for civic, political, charitable, social service, recreation or veterans' organizations, subject to institutional use requirements.
(c) 
Drive-through banks.
(d) 
Car washes.
(e) 
Public and private parking garages.
(f) 
Major home occupations.
(g) 
Wireless telecommunications facilities.
(h) 
Nonaccessory parking lots.
(5) 
Supplemental requirements.
(a) 
Minimum setback from a residential district: 1/2 of the building height, but a minimum of 20 feet.
(b) 
If a nonresidential use is adjacent to a residence district or a residential use, all facilities and buildings shall be screened by appropriate fences, walls and landscaping treatment.
(c) 
All site lighting shall be directed onto the site and shall be shielded from adjacent residential uses or zones and from the adjoining street.
(d) 
Roof structures, machinery, and mechanical equipment, such as equipment for heating ventilation and air conditioning, shall be integrated into the design of the buildings.
(e) 
A minimum of one building entrance shall face a public street.
(f) 
Fire escapes are prohibited on the principal facade of a building.
(g) 
Security gates of any kind are prohibited. These include solid or open gates and roll-up doors.
D. 
P Public District.
(1) 
Purpose. The purpose of this zone is to ensure consistency with the Master Plan Reexamination Report, adopted January 22, 2019, and permit only the principal, accessory and conditional uses set forth within Subsection D(2) through (4) below on properties that are owned by the City of Union City, the Union City Board of Education, the Parking Authority or other governmental entity.
(2) 
Permitted principal uses.
(a) 
Municipal uses.
(b) 
Government uses.
(c) 
Schools.
(d) 
Public parks and playgrounds.
(e) 
Age-restricted housing and affordable housing in multifamily buildings on parking lots that are owned by the City of Union City, the Union City Board of Education, the Parking Authority or other governmental entity, subject to Subsection D(2)(f) through (i) below.
(f) 
The developers of such parking lots for these additional principal, permitted uses shall provide a sufficient number of parking spaces that will account for the number of parking spaces that will be lost as a result of the development and the number of parking spaces that are required by the resolution of approval of the City Zoning Board of Adjustment or Planning Board relative thereto, as applicable.
(g) 
The development of age-restricted housing and affordable housing in multifamily buildings shall not be permitted on parking lots measuring less than 5,000 square feet in size.
(h) 
The development of age-restricted housing and affordable housing in multifamily buildings on parking lots measuring between 5,000 and 9,999 square feet in size shall comport with the bulk requirements for the P Public Zone as set forth in the Schedule of Bulk Regulations of the Land Development Ordinance of the City of Union City.[2]
[2]
Editor's Note: The Schedule of Bulk Regulations is included as an attachment to this chapter.
(i) 
The development of age-restricted housing and affordable housing in multifamily buildings on parking lots measuring 10,000 square feet or more in size shall comport with the bulk requirements for the P Public Zone as set forth in the Schedule of Bulk Regulations of the Land Development Ordinance of the City of Union City.
(3) 
Permitted accessory uses: accessory buildings having a building footprint less than 1,000 square feet in area.
(4) 
Permitted conditional uses: none.
E. 
P-A Parks-Air Rights District.
(1) 
Purpose. The purpose of this zone is to ensure consistency with the Master Plan Reexamination Report, adopted January 22, 2019, and encourage decking and other streetscape improvements over Route 495 to create a public park to reduce the effects that Route 495 has on dividing the City. The standards of this zone are intended to create hardscape park space and do not advocate constructing buildings over Route 495, with the exception of small buildings of an accessory nature.
(2) 
Permitted principal uses: public parks and playgrounds within the air rights of Route 495.
(3) 
Permitted accessory uses: accessory buildings having a building footprint less than 1,000 square feet in area.
(4) 
Permitted conditional uses: none.
F. 
Redevelopment districts. The regulations for the following redevelopment districts shall be in accordance with the respective redevelopment plan for each district:
(1) 
D-BG District: Bus Garage Redevelopment.
(2) 
D-RS-A District: Roosevelt Stadium Redevelopment.
(3) 
D-RS-B District: Roosevelt Stadium Redevelopment.
(4) 
D-RS-S District: Roosevelt Stadium Redevelopment.
(5) 
D-ST District: Swiss Town Redevelopment.
(6) 
D-Y District: Yardley Building Redevelopment.
(7) 
8th Street Redevelopment.
G. 
HPOD Historic Preservation Overlay District.
(1) 
Purpose. The purpose of the Historic Preservation Overlay District is to ensure consistency with the Master Plan Reexamination Report, adopted January 22, 2019, and provide additional protection to the Monastery of the Perpetual Rosary (the "Blue Chapel") and the Monastery and Church of Saint Michael the Archangel historic sites and the existing residential areas surrounding them by preventing the intrusion of incompatible uses into the neighborhoods and by maintaining existing development intensity and population density consistent with residential neighborhood patterns.
(2) 
Permitted principal uses.
(a) 
One-family dwellings.
(b) 
Two-family dwellings.
(c) 
Existing institutional uses.
(3) 
Permitted accessory uses.
(a) 
Uses which are customarily incidental and accessory to the principal use.
(b) 
Private garages provided that not more than 50% of the ground floor area of any dwelling is occupied by attached garage space.
(c) 
Noncommercial private swimming pools.
(d) 
Minor home occupations.
(e) 
Family day-care homes.
(4) 
Permitted conditional uses: none.
H. 
PPOD Palisades Preservation Overlay District.
(1) 
Purpose. The purpose of this overlay district is to ensure consistency with the Master Plan Reexamination Report, adopted January 22, 2019, and provide for reasonable control of development within areas of steep slopes along the Palisades in the City of Union City. The regulations of this overlay district are intended to minimize the adverse impact caused by the development of such areas, including, but not limited to, erosion, siltation, flooding and surface water runoff. The disturbance of soil and construction and development on steep slopes and cliff faces creates an additional hazard to the lives and property of those dwelling on the slopes and below them. The most appropriate method of alleviating such conditions is through the regulation of such vegetation and soil disturbances, construction and development. Therefore, it is determined that the special and paramount public interest in these slopes justifies the regulation of property located thereon as provided below, which is the exercise of the police power by the City for the protection of persons and the property of its inhabitants and for the preservation of the public health, safety and general welfare.
(2) 
Establishment of district.
(a) 
There is hereby established within the City of Union City an area which shall be known as the Palisades Preservation Overlay District (PPOD), in which land development and construction shall be subject to the special regulations contained in this section.
(b) 
The PPOD shall be designated on the Zoning Map of the City of Union City and shall run along the Palisades from 20th Street to the Jersey City boundary line.
(c) 
The PPOD shall prevail upon all land regulated under this chapter, as well as those properties within a duly adopted redevelopment area.
(d) 
All uses permitted in the zone shall meet all setback regulations and performance standards. This provision shall apply to any use permitted by right, by conditional use or by use variance.
(3) 
Applicability.
(a) 
Applicants for site plan or subdivision approval shall submit all information required under this section to the appropriate approving authority.
(b) 
Applicants for construction permits, including the construction of buildings, walls, driveways or other structures or the clearing of land shall submit an application with the information required in this section to the City Building Department whenever development is proposed within the Palisades Preservation Overlay District to ensure that the proposed development of the lot will respect the natural features of the tract and minimize adverse impacts associated with such clearing and/or construction.
(4) 
Procedural regulations. The following information shall be submitted in addition to any information required to be submitted for site plan and subdivision applications as required in Article IV:
(a) 
A topographic map of the site at two-foot contour intervals (drawn in a lighter line weight) where the slope is less than 10%, and ten-foot contour intervals (drawn in a heavier line weight) where the slope exceeds 10%.
(b) 
A landform analysis which shows the location and extent of the site's major landforms, including the top of the cliff, the cliff face, the side slope and the base of the slope. Any exposed cliff face shall be shown. The area in each landform category shall be calculated and shown on the land form analysis.
(c) 
A physical description of the site which shall include a technical summary of site characteristics such as soils, load-bearing capacity, erosion potential, depth to bedrock, etc.
(d) 
Site grading and development data which shall include the type and location of development activity, procedures for grading, excavation, construction access and stockpiling, extent and phasing of construction and cut and fill operations.
(5) 
Permitted uses and bulk. The uses permitted in underlying zoning districts shall be permitted in the PPOD. The applicable bulk standards for the underlying zones shall apply, as modified by the regulations of the PPOD. The standards of the PPOD are the basis for development design in the overlay zone unless the requirement of the underlying zone district standard is more restrictive. In such cases, the more restrictive standard would govern.
(6) 
Permitted limit of disturbance.
(a) 
The minimum building setback line from the edge of the cliff face at the top of the cliff shall be 30 feet. The minimum building setback line from the edge of the cliff face at the base of the cliff shall be 65 feet.
(b) 
For purposes of preservation of the Palisades cliff face, no portion of any building or structure shall be constructed on that portion of a lot which has a grade, prior to such construction, in excess of 30%, or on any portion of the lot, which lies within 10 feet of the portion having such grade.
(c) 
Limited disturbance of steep slope areas is permitted under conditions is referenced herein but only in the following degree and under said conditions:
Steep Slope Category
Maximum Disturbance
5% to 9.99%
70%
10% to 14.99%
40%
15% to 29.99%
10%
30% or greater
0%
(d) 
No portion of a building built below the Palisades within the PPOD and within 450 feet of the cliff face, including all bulkheads, parapets and penthouses, shall extend into the area occupied by the top 25% of the distance between the top of cliff and the lowest portion of existing grade of a development site.
(7) 
Performance standards.
(a) 
Any exposed soils shall be stabilized both during and after construction and development.
(b) 
The number and extent of cuts shall be minimized to prevent groundwater discharge.
(c) 
The maximum number of trees and other vegetative cover shall be preserved.
(d) 
Soil and rock slippage shall be impeded, and any environmentally sensitive areas shall be protected.
(e) 
Improvements shall be designed to follow the natural contours of the land and to provide the least disruption to the landform.
(f) 
Blasting shall not be conducted unless clearly necessary for site preparation. Blasting shall be conducted during daylight hours consistent with state and municipal laws.
(8) 
Design and construction standards.
(a) 
The lowest lateral dimension of any building greater than three stories in height must be oriented perpendicular to the Hudson River.
(b) 
The uppermost point of a cut slope shall not be higher than the top of the nearest downhill structure or building.
(c) 
Vegetation shall be reestablished on all exposed fill slopes. Exposed graded areas shall be mulched and seeded to provide a basic ground cover which will prevent erosion and permit revegetation. In the alternative, these areas may be riprapped and blended into the natural setting.
(d) 
Parking spaces and lots in addition to walkways shall not be in excess of 6% slope unless a provision is made to ease pedestrian access either by ramps or steps.
(e) 
Fill material shall not consist of or include organic material, nor rocks greater than eight inches in diameter.
(f) 
Fill material shall be compacted to 90% of maximum density.
(g) 
No parking structure shall be located so as to hang over the edge of the cliff face. All such structures shall be depressed into the ground area.
(9) 
Minor steep slope areas.
(a) 
The approving authority or Building Department may disregard small isolated pockets of steep slope areas that are under 1,000 square feet in size in their assessment of total disturbed area where such action would be in the interest of good planning, not seriously impair the purposes of this chapter and would otherwise result in practical difficulties to the applicant.
(b) 
Where, however, the approving authority or the Building Department finds such pockets to be significantly proximate and of such size so as to constitute a substantial contiguous area, the reviewing authority may consider them significant and subject to regulation under this chapter. In such case they would be included in the calculation of disturbed steep slope area.
(10) 
Time for decision.
(a) 
Where the request for steep slope disturbances is part of a site plan, subdivision or variance application, the time periods regulating those applications shall apply.
(b) 
Where the request for steep slope disturbance is part of a construction permit application that does not require site plan or subdivision approval, the Construction Department shall approve, approve with conditions or deny an application for a steep slope disturbance approval within 45 days from the date of submission of a completed application.
Any use permitted as a conditional use in a particular zoning district shall comply with the applicable standards pertaining to such use listed in this section. A conditional use that complies with all such applicable standards shall be subject to review by the Planning Board. Deviations from the standards for a particular conditional use listed in this section shall only be permitted if the Zoning Board of Adjustment grants a variance to permit such a deviation pursuant to N.J.S.A. 40:55D-70d(3).
A. 
Car washes. A car wash shall be permitted as a conditional use in the C-N and MU Districts, provided that it complies with the following standards:
(1) 
It shall be located on a lot with street frontage of at least 100 feet on John F. Kennedy Boulevard or Kerrigan Avenue.
(2) 
The minimum lot area shall be 10,000 square feet.
(3) 
A car wash shall be completely enclosed for all operations, except final hand-drying operations, which may take place on a surface lot.
(4) 
Outdoor storage and display of accessories, tires, auto parts, portable signs, outdoor repair work, or other equipment similar in nature shall be prohibited at all times. The premises shall not be used for the sale, rental or display of automobiles, trailers, mobile homes, boats or other vehicles.
(5) 
A minimum of eight waiting spaces shall be provided on the premises. Such spaces may be provided on a surface lot or indoors. No waiting shall be permitted within the public right-of-way.
(6) 
Any automatic car wash shall be so soundproofed, the entire development shall be so arranged, and the operations shall be so conducted that the noise emanating therefrom, as measured from any point on adjacent property, shall be no more audible than the ambient noise emanating from the ordinary street traffic and from other commercial or industrial uses in the area measured at the property boundary line.
(7) 
No vehicles shall be stored outdoors when the business is closed.
(8) 
There shall be no more than two curb cuts for each street on which the car wash has frontage, and the maximum width of any curb cut shall be 10 feet for one-way traffic and 20 feet for two-way traffic.
B. 
Drive-through banks. A drive-through bank shall be permitted as a conditional use in the C-N and MU Districts, provided that it complies with the following standards:
(1) 
It shall be located on a lot with street frontage of at least 100 feet on John F. Kennedy Boulevard or Kerrigan Avenue.
(2) 
The minimum lot area shall be 10,000 square feet.
(3) 
No transaction window or speaker shall be located less than 25 feet from any property line or 50 feet from a property line of any residential use or a boundary of the R District.
(4) 
Such use shall comply with all applicable City ordinances and state statutes and regulations pertaining to noise.
(5) 
No drive-through window shall face any public right-of-way.
C. 
Drive-through restaurants. A drive-through restaurant shall be permitted as a conditional use in the C-N District, provided that it complies with the following standards:
(1) 
It shall be located on a lot with street frontage of at least 150 feet on John F. Kennedy Boulevard.
(2) 
The minimum lot area shall be 15,000 square feet.
(3) 
No transaction window or speaker shall be located less than 25 feet from any property line or 50 feet from a property line of any residential use or a boundary of the R District.
(4) 
Such use shall comply with all applicable City ordinances and state statutes and regulations pertaining to noise.
(5) 
No drive-through window shall face any public right-of-way.
D. 
Institutional uses. Institutional uses permitted as conditional uses in certain zone districts shall comply with the following standards:
(1) 
Minimum lot area: 5,000 square feet.
(2) 
Minimum frontage: 50 feet.
(3) 
Minimum front yard: 10 feet. No parking shall be permitted between the front building line and the street right-of-way.
(4) 
Minimum rear yard: 30 feet.
(5) 
Minimum side yards (each): same as zoning district requirements for permitted uses.
(6) 
Maximum building height (excluding spires, steeples, cupolas, and other ornamentation): same as zoning district requirements for permitted uses.
(7) 
Maximum lot coverage: 75%.
(8) 
Maximum building coverage: 50%.
(9) 
Minimum parking setback from property lines: five feet.
E. 
Major home occupations. A major home occupation shall be permitted as a conditional use in C-N and MU Districts, provided that it complies with the following standards:
(1) 
It shall not be located on a lot with street frontage on Bergenline Avenue, New York Avenue, or Summit Avenue.
(2) 
The practitioner must be the owner or lessee of the residence in which the major home occupation is contained.
(3) 
The practitioner must reside in the home.
(4) 
The practitioner shall not engage the services of more than two office employees. Use of the office by groups of other persons shall not be permitted.
(5) 
The major home occupation shall not occupy more than 50% of the total area of the floor where located, excluding space used for a private garage or 900 square feet, whichever is smaller.
(6) 
No client shall, in such relationship, remain on the premises overnight.
(7) 
No retail sales shall be conducted on the site.
(8) 
Adequate parking spaces shall be provided in accordance with the parking standards of this chapter so that no parking related to the major home occupation shall occur on the street.
(9) 
No equipment or process shall be used in such major home occupation which creates noise, glare, fumes, odors, electrical interference, medical waste or other nuisance factors detectable to the normal senses or to radio, telephone or television equipment off the lot.
F. 
Nonaccessory parking lots.
(1) 
A nonaccessory parking lot shall be permitted as a conditional use in the R, C-N, and MU Districts, provided that it complies with the following standards:
(a) 
Minimum lot area: 5,000 square feet.
(b) 
Minimum frontage: 50 feet.
(c) 
Minimum parking setback from property lines: five feet.
(2) 
Landscaping and/or fencing not less than four nor more than six feet in height, maintained in good condition, shall be provided adjacent to side and rear property lines in order to prevent impacts on adjacent properties.
G. 
Public and private parking garages. A public or private parking garage shall be permitted as a conditional use in the MU and C-N Districts, provided that it complies with the following standards:
(1) 
Bulk regulations. Parking garages shall adhere to the principal building setback regulations for the district in which they are located. The following limitations shall apply in addition to the setback requirements:
(a) 
Lot area:
[1] 
Minimum lot area: 10,000 square feet.
[2] 
Maximum lot area: 25,000 square feet for a parking garage serving private uses; 125,000 square feet for a parking garage serving public uses and located within 100 feet of the public building it is intended to serve.
(b) 
Lot width:
[1] 
Minimum lot width: 100 feet.
[2] 
Maximum lot width: 250 feet for a parking garage serving private uses; 500 feet for a parking garage serving public uses and located within 100 feet of the public building it is intended to serve.
(c) 
Maximum height. The maximum height for a parking garage serving private uses shall be the same as for the district in which it is located.
(d) 
Maximum lot coverage. The maximum lot coverage for a parking garage serving public uses and located within 100 feet of the public building it is intended to serve shall be 95%. For other parking garages, the lot coverage requirements for the district in which the garage is located shall apply.
(2) 
Principal uses permitted in parking garages. In addition to off-street parking, the following uses shall be permitted on ground level facing the street in a parking garage:
(a) 
Retail sales and personal service establishments.
(b) 
Offices.
(c) 
Medical offices.
(d) 
Restaurants, excluding drive-through restaurants.
(e) 
Eating and drinking establishments.
(3) 
Accessory uses shall be those permitted for the above uses, subject to all applicable requirements of this chapter.
(4) 
A parking garage serving public uses and located within 100 feet of the public building it is intended to serve may be connected to said building by a pedestrian bridge.
(5) 
For any parking spaces visible from adjacent properties, landscaping and/or fencing not less than four nor more than six feet in height, maintained in good condition, shall be provided adjacent to side and rear property lines in order to prevent impacts on said properties.
A wireless telecommunications facility shall be permitted as a conditional use in the C-N and MU Districts, provided that it complies with the following standards:
A. 
Purpose. The purpose of this section is to regulate the location, placement, operation and maintenance of wireless telecommunication (WT) technology within the City of Union City.
(1) 
This section is intended to meet the requirements of the Telecommunications Act of 1996, while at the same time reasonably regulating WT technology within the City.
(2) 
This section is also intended to protect the City from the visual or other adverse impacts of these facilities, while encouraging their unobtrusive development to provide comprehensive wireless telecommunications services in the City with its attendant benefits to residents and businesses.
B. 
Siting priorities. Pursuant to the needs analysis required by § 223-44G(2) below, an application to install, construct, erect, move, reconstruct or modify any WT antenna shall be subject to siting priorities as follows:
(1) 
If the analysis demonstrates that it is reasonably necessary to install, construct, erect, move, reconstruct or modify a WT antenna within the City of Union City, then, subject to all other permitted conditional use standards, the proposed WT antenna may be located upon an existing building or other structure within the C-N and MU Districts.
(2) 
If the analysis demonstrates that it is not reasonably practicable to install, construct, erect, move, reconstruct, or modify the proposed WT antenna upon an existing building or structure within the C-N and MU Districts, then, subject to all other permitted conditional use standards, the proposed WT antenna may be flush-mounted on an existing building within the C-N District only.
C. 
WT antennas. WT antennas shall be consistent with the following requirements:
(1) 
Microwave dishes, cones, or other antennas used for the purpose of point-to-point microwave transmission or microwave links are expressly prohibited.
(2) 
Platform-mounted or side-arm-mounted antennas of any kind are expressly prohibited.
(3) 
Subject to the siting priorities set forth in above, WT antennas may be flush mounted on existing buildings or other structures or on WT towers, provided that:
(a) 
WT antennas mounted on existing buildings or other structures shall not, when combined with the height of the building or structure on which they are located, exceed the maximum permitted height in the zone or the height of the existing building or structure, whichever is greater, except when mounted on the face of new or existing mechanical rooms or structures on the roof of the building.
(b) 
WT antennas mounted on WT towers shall not extend beyond the height limitations for such towers.
(c) 
WT antennas shall be constructed, finished, painted and otherwise camouflaged so as to blend in with their background and minimize their visual impact on the landscape. Decorative screening of WT antennas shall be provided when mounted on the roof of a structure.
D. 
WT towers. WT towers shall be consistent with the following requirements:
(1) 
WT towers shall be limited to monopole designs only. Freestanding lattice towers and guyed towers of any kind are prohibited.
(2) 
Unless technologically infeasible, WT towers shall be designed to permit co-location of additional antennas.
(3) 
The maximum height of any WT tower, including any WT antennas or other equipment mounted thereon, shall not exceed 75 feet, except where sufficient engineering data clearly establishes that existing trees or buildings will interfere with the proper operation of the WT antennas, the height may be increased to a maximum of 100 feet.
(4) 
No WT tower shall be lighted except as may be required by state or federal law.
(5) 
No WT tower shall bear any signs, displays, or advertisements of any kind except as may be required by law.
(6) 
WT towers shall be constructed, finished, painted and camouflaged to blend in with their background and minimize their visual impact on the landscape.
(7) 
WT equipment and WT equipment compound. All WT equipment shall be housed within a WT equipment compound, consistent with the following requirements:
(a) 
WT equipment compounds shall be enclosed within a locked security fence at least seven feet in height, unless located within or on the roof of an existing building.
(b) 
No WT equipment compound nor any WT equipment housed therein shall exceed 12 feet in overall height.
(c) 
WT equipment compounds, including the fence enclosure, shall be constructed, finished, painted and camouflaged to minimize their visual impact on the landscape.
(d) 
When WT equipment is installed on the roof of a building, the area of the WT equipment and other structures permitted on the roof of the building shall not exceed 25% of the total roof area.
(e) 
Landscaping shall be provided along the perimeter of the WT equipment compound to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setback areas shall also be landscaped for the same purpose. All WT equipment shall be screened by an evergreen hedge seven to 10 feet in height at planting time or a solid or semisolid fence, or both.
E. 
Visual impact. The applicant shall demonstrate that all reasonable efforts were employed to camouflage and minimize the visual impact of any WT technology installed or constructed pursuant to the provisions of the article. All WT technology shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher-priority category under § 223-44B above shall be deemed more acceptable than lower-priority sites.
(1) 
Sites for WT technology must demonstrate that they provide the least visual impact on residential areas and public ways. All potential visual impacts must be analyzed to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.
(2) 
WT technology shall be located to avoid being visually solitary or prominent when viewed from residential areas and the public right-of-way. Vegetation, tree cover, topographic features and/or other structures, whether natural or manufactured, shall obscure the facility to the maximum extent feasible.
(3) 
WT technology shall be placed to ensure that historically significant viewscapes, streetscapes, and landscapes are protected. The views of and vistas from architecturally and/or significant structures shall not be impaired or diminished by the placement of telecommunication facilities.
(4) 
WT technology shall fully conform with all applicable state, federal and local laws.
(5) 
Routine maintenance of WT technology shall be limited to the hours of 7:00 a.m. to 7:00 p.m.
F. 
Setback requirements for the location of WT technology.
(1) 
The minimum setback from any school lot line or other lot line on which a licensed educational facility is located shall be 100 feet.
(2) 
The minimum setback from the nearest lot line of a one -family or two-family home shall be 100 feet.
[Amended 5-18-2021 by Ord. No. 2021-8]
(3) 
No WT technology shall be located in the required setbacks of any lot.
(4) 
No WT technology shall be located on any one- or two-family residential property nor on any nonconforming use.
[Amended 5-18-2021 by Ord. No. 2021-8]
G. 
Additional site plan requirements.
(1) 
In addition to compliance with all applicable zoning and site plan requirements, applications for approval of WT technology shall include the following:
(a) 
The color or colors of the proposed WT equipment and the camouflage methods used;
(b) 
A map of existing WT technology within the City of Union City which is owned, leased or otherwise under the custody, control, or use of the applicant at the time of application, and of sites within the City of Union City where WT technology is proposed or projected to be installed, constructed, erected, moved, reconstructed and/or modified by or for the benefit of the applicant within the next six months;
(c) 
A certified load analysis report for the building, structure, existing WT tower, or proposed WT tower upon which a WT antenna is proposed to be located, indicating its ability to support the proposed WT antenna and possible future, co-located WT antennas;
(d) 
The approving authority may waive any of these requirements, for good cause shown, where an application is made to locate the proposed WT antenna upon an existing building, structure, or WT tower.
(2) 
Needs analysis. The needs analysis shall contain documentary evidence demonstrating the need for the proposed installation, construction, erection, movement, reconstruction or modification of any WT technology within the City. This evidence shall include, at a minimum:
(a) 
The WT service provider's wireless telecommunications network layout and coverage area for a radius of at least one mile from the zone district where the WT technology is planned, identifying all locations:
[1] 
In operation as of the filing date of the conditional use application;
[2] 
Under construction as of the filing date of the conditional use application; and
[3] 
Pending approval before any licensing authority as of the filing date of the conditional use application.
(b) 
All results and, to the extent requested by the approving authority, supporting data derived from tests which must be conducted to determine before and after signal strength plots. These results and data:
[1] 
Shall demonstrate the actual existing signal coverage in effect at the time of application, contrasted with the proposed signal coverage which would result from the proposed installation, construction, erection, movement, reconstruction, or modification of WT technology within the City of Union City; and
[2] 
Shall be certified by a qualified radio frequency engineer. The City reserves the right to retain a radio frequency engineer on its own behalf at the applicant's expense to review the results or data submitted by the applicant.
(c) 
A search ring of the zone in which the WT technology is proposed, prepared by a qualified radio frequency engineer and overlaid on an appropriate background map, demonstrating the area within the zone where the WT technology needs to be located in order to provide reasonably necessary signal strength and coverage to the target cell.
(d) 
In connection with the signal strength plots and search ring described above, the applicant must provide a report prepared by a qualified radio frequency engineer which explains why the proposed location was selected and which specifically addresses at a minimum:
[1] 
If the applicant proposes to install, construct, erect, move, reconstruct or modify a WT antenna upon an existing structure or building why it is reasonably necessary to locate that WT antenna within the City of Union City.
[2] 
If the applicant proposes to install, construct, erect, move, reconstruct or modify a WT antenna upon an existing WT tower:
[a] 
Why it is reasonably necessary to locate that WT antenna within the City of Union City; and
[b] 
Why it is not reasonably practicable to locate or co-locate that WT antenna upon an existing building or structure within the zone; and
[3] 
If the applicant proposes to install, construct, erect, move, reconstruct and/or modify a WT antenna upon a new WT tower:
[a] 
Why it is reasonably necessary to locate that WT antenna within the City of Union City; and
[b] 
Why it is not reasonably practicable to locate or co-locate that WT antenna upon an existing building or structure within the zone; and
[c] 
Why it is not reasonably practicable to locate or co-locate that WT antenna upon an existing WT tower within the zone.
These requirements do not apply to changing the direction of any existing WT antenna.
[4] 
The maximum permissible exposure analysis for the power at which this proposed WT technology is expected to operate, subject to all applicable state and federal regulations in effect at the time of the installation.
H. 
The following criteria shall be considered by the approving authority prior to the approval or denial of a request for a conditional use application for WT technology. These criteria may be used as a basis to impose reasonable conditions on the applicant.
(1) 
Aesthetics. WT technology shall be located, buffered and camouflaged to the maximum extent practicable and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize any adverse aesthetic effect on neighboring residences to the extent possible, the approving authority may impose reasonable conditions on the approval of the application including the following:
(a) 
The approving authority may require the applicant to show that it has made good-faith efforts to minimize the height of proposed towers; to co-locate on existing buildings, structures or WT towers; or to locate proposed new WT towers near existing towers in an effort to consolidate visual disturbances.
(b) 
The applicant must submit a copy of its policy regarding co-location with other potential applicants on any proposed WT tower.
(c) 
The approving authority may require the applicant to use additional camouflage and/or otherwise modify the proposed construction to minimize the visual impact of the WT technology.
(2) 
Radio frequency emissions. The proposed WT antenna shall be operated such that exposure to the RF emissions in normally accessible locations remain within Federal Communications Commission (FCC) exposure guidelines and comply with other related state or federal regulations or requirements. The approving authority may impose conditions on the applicant that competent documentation be provided which establishes that the proposed WT antenna will comply with these guidelines and requirements, and that operation of the proposed WT antenna will not interfere with radio and television reception or with the operation of any other consumer or medical device.
(3) 
Removal of WT technology. The applicant shall agree to remove any WT technology if all or part of any such WT technology becomes obsolete, is unrepaired for an unreasonable period, or ceases to be used for its intended purpose for 12 consecutive months.
(a) 
The City of Union City may, at its sole discretion, require the applicant to provide a demolition bond to the City of Union City for the purpose of assuring the removal of any WT technology in accordance with the provisions of this section.
(b) 
The applicant will be responsible for providing, on an annual basis, written estimates to the City of Union City for the cost to demolish and/or remove the WT technology and to restore the land upon which it is located. Such estimates will be used to establish whether any adjustment is required in the amount of the required demolition bond.
(c) 
Structural safety. Upon written request from the City of Union City at any time during the application process or after the installation, construction, erection, movement, reconstruction, or modification of any WT technology, the applicant shall provide a report from a licensed professional engineer certifying as to the condition of the WT technology with respect to applicable structural safety standards. Such requests from the City shall not occur more often than once every three years.
[1] 
If the engineer's report recommends that repairs or maintenance are required, then a letter shall be submitted to the City which shall contain a reasonable schedule for the required repairs or maintenance.
[2] 
Upon their completion, a letter shall promptly be submitted to the City of Union City to certify same.
[3] 
In the event the applicant fails to comply with these requirements regarding structural safety, the City of Union City reserves the right in addition to all of its other rights and remedies available under state, federal and local law to declare the applicant in default of its obligations under this chapter.
[4] 
Should that occur, the applicant will have 30 days to notify the City as to how it intends to cure its default, setting forth a reasonable schedule for same.
[5] 
In the event the applicant fails to so notify the City, or fails to cure as agreed, the City may draw on the applicant's demolition bond and arrange for the removal and/or demolition of the applicant's WT technology; declare the WT technology to be abandoned and arrange for the public auction of the WT technology; and/or pursue such other remedies at law and in equity as may be available.
[6] 
Nothing in this section shall be construed to limit the applicant's liability for criminal prosecution.
(4) 
Technical consultants. The approving authority may retain technical consultants as it deems necessary to provide assistance in the review of the application, the technical support data, and the proofs and documents submitted to demonstrate compliance with the ordinance. The applicant shall bear the reasonable costs associated with such review and consultation, which cost shall be deposited in accordance with the City's escrow provisions.
A. 
Permit required; application; issuance of permits; fees.
(1) 
Application. No sign shall be erected, altered, located or relocated within the City, except upon application and the issuance of a permit as hereinafter provided along with appropriate permits required by the Uniform Construction Code.
(2) 
Application for a permit for residential signs. Application for a permit for a sign for premises used for residential purposes shall be made, in writing, to the Construction Official or his designee and presented, together with the filing fee required by Chapter 155, Fees, and Uniform Construction Code where applicable. Such application shall be sufficient to describe the premises and the location at which the sign is to be affixed, together with a rendering of the sign, inclusive of its dimensions, design and color, and shall be submitted on a form proscribed by the Construction Official. There shall also be provided a statement as to the means by which such sign shall be constructed on the premises. The Construction Official or his designee shall act upon such application within 20 business days of the receipt thereof. A failure to approve the application within 20 business days shall constitute a denial of the application.
(3) 
Application for a permit for nonresidential signs. Any sign associated with a change in occupancy or ownership necessitates an application for a sign permit. Application for a permit for a permitted nonresidential sign conforming to the regulations set forth herein shall be made, in writing, to the Construction Official. Such application shall be sufficient to describe the premises and location at which the sign is to be affixed and shall include, at a minimum, the following items:
(a) 
The name and address of the applicant and name and the address of the company constructing and installing sign.
(b) 
The name and address of the owner of the premises.
(c) 
A statement as to whether the owner has consented to the application, if the applicant is other than the owner.
(d) 
A rendering to scale which must show the front elevation and height of the nonresidential space along with the front elevation and height of the adjacent stores, indicating the following dimensions: dimension of the overall width of the storefront; dimension of the overall width of the sign; dimension and depth for the height of the letters; dimension of the depth of the total sign.
(e) 
The exact size and style of lettering, artwork and materials used in the sign.
(f) 
Drawings shall be accurate to scale and shall specify all details of sign construction, including materials, thickness, color, wiring, tubing, transformer specifications, and mounting details.
(g) 
An applicant must submit:
[1] 
Five printed color photographs of the storefront.
[2] 
Five printed color photographs from a distance, showing the storefront in relation to the adjacent stores as well as all other signs on the building.
[3] 
Five color photographs of the facade with the sign superimposed to scale as to how it will relate to the building.
(h) 
Issuance of permit; fees. Every applicant, before being granted a permit hereunder, shall pay the City filing fee required by Chapter 155, Fees, and the Uniform Construction Code where appropriate for each such sign or other advertising structure regulated by this chapter. The Construction Official or his designee shall act upon such application for a permit within 20 days of the receipt thereof. If not granted, it shall be deemed denied.
(i) 
Exceptions. The provisions and regulations of this subsection concerning permits and fees shall not apply to the following signs:
[1] 
Real estate signs not exceeding 12 square feet in area which advertise the sale, rental or lease of the premises upon which such signs are located only.
[2] 
Residential nameplates identifying a single-family residence and/or street address, not to exceed one square foot in area.
[3] 
A sign identifying the architect, engineer or contractor. When placed upon a work site under construction, the sign shall not exceed 16 square feet in area, provided that the sign is set back at least 15 feet from the curb, and further provided that the same is removed within 24 hours after a final certificate of occupancy is issued.
[4] 
Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other incombustible materials.
[5] 
Traffic or other municipal signs, legal notices, railroad crossing signs, danger signs and such temporary, emergency or nonadvertising signs or signs of any governmental agency deemed necessary to the public welfare.
[6] 
Flags of the United States, the State of New Jersey or other governmental or quasi-public agencies, subject to reasonable size and location.
[7] 
Holiday decorations and lights on residential and nonresidential premises.
[8] 
Signs erected to control the movement of traffic on premises, provided that these signs shall provide traffic directions only and shall not be used for any advertising purpose. These signs shall not exceed four square feet in area and shall have been approved by the appropriate approving authority.
[9] 
Political signs. Any sign, notice, poster or other device calculated to convey a preelection political message or to obtain votes for a particular candidate, slate of candidates, public question or political issue, when the same is placed in the view of the general public.
B. 
Computation of sign area and sign height. The following principles shall control the computation of sign area and height:
(1) 
Computation of area of individual signs. The area of a sign face shall be computed by drawing a square or rectangle that will encompass the extreme limits of the writing, representation, emblem or other display, together with the sign frame and any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, or by delineating the area established by reason of distinctive variation in background color or by borders, whichever is greater.
(2) 
Computation of area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such signs faces are part of the same sign structure and are not more than 42 inches apart at any point, the sign area shall be computed by the measurement of one of the faces.
(3) 
Computation of height. The height of a sign shall be computed as the distance from the base of the sign at grade to the top of the highest attached component of the sign.
C. 
Regulations governing nonresidential signs.
(1) 
Freestanding signs. Freestanding signs shall comply with the following regulations:
(a) 
No freestanding sign shall exceed an area of one square foot in size for every 10 feet of linear street frontage or 24 square feet, whichever is greater.
(b) 
The maximum height of a freestanding sign shall be 20 feet.
(c) 
Freestanding signs shall have an open area not less than three feet between the base line of such sign and the ground level. This open space may be filled in with a platform or decorative latticework, which shall not close off more than 1/2 of said open space underneath a sign.
(d) 
Freestanding signs shall be set back a minimum of 10 feet from the street right-of-way line and a minimum of 10 feet from side lot lines.
(e) 
Only one freestanding sign shall be permitted for any single development or lot.
(f) 
Freestanding signs shall advertise only the permitted use, products or service located on the premises on which they are placed.
(2) 
Wall signs. Wall-mounted signs shall comply with the following regulations:
(a) 
Wall signs shall advertise only the permitted use, products or service on the premises on which they are displayed.
(b) 
One wall sign may be placed along the street frontage, provided that it does not exceed 10% of the total surface area of the building face upon which it is placed or 32 square feet, whichever is lesser.
(c) 
In those cases where a parcel or lot has more than one street frontage, one wall sign may be placed on each street frontage, provided that such wall sign shall not exceed 10% of the total surface area of the building face upon which it is placed or 24 square feet, whichever is lesser.
(d) 
For buildings and property containing more than one business or tenant, and where each business tenant occupies a physically distinct ground-floor space or has a separate ground-floor entrance, each business or tenant may have one wall sign conforming to the requirements of this section. For the purposes of determining the sign area permitted, only the face of each respective lease unit to which the respective sign will be attached shall be counted. Each sign must be attached to the leased unit containing the business tenant identified.
(e) 
No wall sign shall be placed above the first floor of any structure.
(f) 
No wall sign shall cover, wholly or partially, any wall opening nor project beyond the ends or top of the wall to which it is attached.
(g) 
No wall sign shall be permitted to project forward more than six inches from the building nor be attached to a wall at a height of less than eight feet above the sidewalk or ground.
(h) 
No wall sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window, or fire escape.
(i) 
Signs placed perpendicular to a wall of facade shall be prohibited.
(3) 
Window signs. Wall signs shall comply with the following regulations:
(a) 
In addition to any sign or signs permitted pursuant to Subsection C(2) above, window display signs as well as affixed window signs limited to indicate membership in a retail or professional organization or credit card or credit association, to show manufacturers' or required licenses or advertisements referable to sales within, shall be permitted, provided that the aggregate area employed for such purpose shall not exceed 10% of the total window area on which it is located.
(b) 
Signage is also permitted for a second-floor professional office use that shall not exceed 25% of the glass area of one window facing the street frontage. If a second-floor professional office use includes frontage on more than one street, window signage may be placed in one window facing the additional street frontage that shall not exceed 15% of the glass area of the window. A permit shall be obtained for second-floor window signage from the Construction Official.
(c) 
No window signs under this section can be illuminated.
D. 
Regulations governing residential signs. Residential signs, including name and address plates, professional nameplates, real estate signs and contractor signs as provided herein, are permitted in accordance with the applicable standards defined below:
(1) 
One real estate sign not exceeding six square feet in area within the R District or one real estate sign not exceeding 10 square feet for all other uses in all other residential districts which advertise the sale, rental or lease of the premises upon which said sign is located.
(2) 
Residential nameplates identifying a residence and/or street address, not to exceed one square foot in area.
(3) 
One multifamily identification sign not more than one square foot for each 10 linear feet of street frontage, but in no case to exceed 32 square feet in size per face shall be allowed per multifamily development project except where the project fronts on two or more streets. One sign shall be permitted on each frontage, provided that the project has a major traffic entrance on the street where the sign is to be erected. Multifamily identification signs shall not exceed eight feet above grade.
(4) 
One professional nameplate not exceeding one square foot in area for lawful occupants of the premises under this chapter.
(5) 
One bulletin board or sign not over 16 square feet in area for public, charitable or religious institutions when the same are located on the premises of said institution.
(6) 
One sign identifying the architect, engineer or contractor, when placed upon a work site under construction, not to exceed 10 square feet in area, provided that the sign is set back at least 10 feet from the curb, and further provided that the same is removed within 24 hours after the final certificate of occupancy is issued.
(7) 
Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.
(8) 
Traffic or other municipal signs, legal notices, railroad crossing signs, danger signs and such temporary, emergency or nonadvertising signs or signs of any governmental agency deemed necessary to the public.
(9) 
Flags of the United States, State of New Jersey or other governmental or quasi-public agencies, subject to reasonable size and location.
E. 
Temporary signs. Temporary signs shall comply with the following regulations:
(1) 
All temporary signage, except as specifically exempted under this section, shall require prior approval by the Construction Official or his designee on a form to be prescribed by the Construction Official. Such approval shall be valid for a period not to exceed 30 days from the issuance thereof and may be renewed for a period not to exceed 60 days in total.
(2) 
No temporary sign shall exceed an area of 12 square feet, except temporary signs, such as banners, which are allowed by permit by the Mayor and Board of Commissioners within the public right-of-way.
(3) 
Insurance for temporary signs may be required by the Mayor and Board of Commissioners. Any person obtaining a permit for the erection of a temporary sign where the Mayor and Board of Commissioners require insurance shall provide proof to the satisfaction of the Construction Official or his or her designee that the person, firm or corporation actually doing the erecting shall have in force a public liability insurance policy with limits of no less than $100,000 for property damage and $300,000 for bodily injury per occurrence.
(4) 
Nothing contained herein shall be deemed to permit the erection or installation of any political signs upon any pole or tree located on public property or within the public right-of-way within the City, and their erection or installation is hereby specifically prohibited.
(5) 
Streamers, flags, pennants and banners shall be permitted as temporary signs in accordance with the permit requirements and time restrictions set forth in Subsection E(1) above.
F. 
Illumination.
(1) 
No sign shall be an illuminated sign except as provided herein.
(2) 
No sign shall be internally illuminated by neon gas-filled tubes.
(3) 
No sign shall be illuminated externally by more than one floodlight per surface of such sign. Such lighting shall be at grade and properly directed and shielded so as not to produce glare or offensive light off the property.
(4) 
Flashing signs, highly reflective glass or fluorescent paint, either red, green or yellow, and illuminated tubing outlining roofs, doors, windows or wall edges of a building, and scrolling text signs are prohibited.
(5) 
No sign shall be artificially illuminated after 11:00 p.m. or before 7:00 a.m. unless such premises are occupied and attended, except in the business and industrial zone of the City.
G. 
General regulations for signs.
(1) 
In order to preserve the basically residential character of this community and to facilitate the improvement of its commercial and industrial areas in a safe and orderly manner, no commercial outdoor advertising signs, billboards or other signs which are not expressly and directly related to the business being conducted on the premises and which do not conform to the applicable requirements and standards set forth in other sections of this chapter shall be permitted, and all other such commercial outdoor advertising signs, billboards and other nonconforming signs are specifically prohibited. It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent or immoral matter.
(2) 
No billboard, or billboard signs, shall be permitted. No sign otherwise lawful under this section shall be prohibited because of this subsection.
(3) 
No sign shall be placed, located or displayed upon any sidewalk or area between sidewalk and curb, nor shall they project on or over a sidewalk.
(4) 
No sign shall include a silhouetted or three-dimensional design. This includes but is not limited to signage lacking a background and having letters, figures, objects or representational devices silhouetted against the sky or other open space not a part of the sign.
(5) 
No roof sign shall be permitted, and no sign shall be erected to project beyond the side or top of the wall to which it is affixed.
(6) 
No sign shall be erected, painted or composed of fluorescent, phosphorescent or similar material.
(7) 
No sign shall be, in whole or in part, flashing, intermittent, moving, fluttering, or revolving.
(8) 
No signs emitting a sound, odor or visible matter such as smoke or vapor shall be permitted. No sign erected shall contain audio equipment.
(9) 
Canopies and awnings with signage embossed upon them shall be considered a business sign. The use of awnings or canopies as signs shall be prohibited, unless no facade area is available on the building facade to place a wall sign. Determination of whether a business is permitted an awning or canopy sign due to inadequate facade area shall be made by the Construction Official. The internal illumination of awnings or canopies is prohibited.
(10) 
No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.
(11) 
All signage shall reflect the character of the area of the proposed sign placement, and will respect the size, scale and mass of the facade, color, building height and rhythms and sizes of windows and door openings in the determination of the Construction Code Inspector. The use of bubble awnings and waterfall awnings are discouraged, and their use shall be at the discretion of the Construction Official for the proposed location.
(12) 
No signs shall extend more than six inches in depth from a building facade.
(13) 
Projecting signs perpendicular to a wall or placed at right angles to a facade or building face shall be prohibited. Hanging signs are strictly prohibited.
(14) 
Signs which are in a state of disrepair, including illuminated or neon signs, or signs which are abandoned shall be removed within 30 calendar days following such disrepair or abandonment.
(15) 
In addition to the other requirements of this chapter, every business or advertising sign referred to in this chapter must be kept in good condition and repair and shall not be allowed to become dilapidated.
(16) 
No references to the set pricing of products and services shall be permitted in the wording of a permanent sign, awning or canopy.
(17) 
Whenever there is a change in occupancy of business premises, all signs and displays which identify or advertise a business, product, or other item that is no longer present or available on the premises shall be removed within 21 calendar days from the date the previous occupancy ceased. The manner of removal of sign messages shall include, but not be limited to, the following:
(a) 
In the case of a sign with a painted message, the message shall be painted in a color which matches the background or in a light neutral color.
(b) 
Window signs and displays shall be removed.
(c) 
In the case of a sign where the message is contained on a panel that is inserted into the sign frame or structure, the message panel shall be replaced with a blank panel.
(d) 
In the case of a sign where the message cannot be removed without also removing the sign structure, the structure shall be removed unless the owner demonstrates to the Zoning Official that the sign message could reasonably apply to the next occupant of the premises.
(18) 
A permitted second-floor occupancy for a professional office or second-floor retail space shall be permitted one announcement sign per occupancy of not more than 1.5 square feet at the main entrance of the building. One nameplate or professional sign with an area of not more than 1.5 square feet may be mounted flat against the door of each secondary entrance. Such sign may not be illuminated by interior or exterior lighting.
(19) 
All entrance doors must display the street number within 12 inches of the top of the door, and such street number shall not be less than three inches and not more than five inches high.
(20) 
A wall sign shall not be erected on any wall of a building, unless such wall fronts on and is immediately adjacent to a public street, public parking lot, or parking lot servicing the building on which it is placed. If a business occupies a parcel that includes two street frontages, a sign is permitted on each street frontage.
(21) 
No sign may be attached in any form or manner which will interfere with any opening for ventilation or with any architectural detail.
(22) 
No sign shall consist of more than four colors, including the background color.
(23) 
Facsimile and telephone numbers are prohibited on all signs.
(24) 
Any light box sign is subject to the following additional limitations:
(a) 
Only the letters and symbols may be illuminated.
(b) 
Any opaque background must set off the illuminated sections.
(c) 
The letters, logos and symbols may take up a maximum of 40% of the sign area leaving 60% opaque.
(25) 
No sign or other advertising structure, as regulated by this chapter, shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, cause an optical illusion, or be confused with any authorized traffic sign, signal or device, or which makes use of words, phrases, symbols or characters in such manner as to interfere with, mislead or confuse traffic.
(26) 
All signs shall be constructed in accordance with the requirements of the current Building Code adopted by the State of New Jersey. If the Construction Official or his designee shall find that any sign is unsafe or insecure, the Construction Official or his designee shall give written notice to the owner, agent, or person having the beneficial use of the premises upon which the sign may be erected. If such owner, agent or person fails to remove or alter the sign so as to comply with the standards herein set forth in the notice, after such notice, such sign or other advertising structure shall be removed or altered to comply with the Construction Official or his designee, at the expense of the owner, agent or person having the beneficial use of the premises upon which such sign may be erected. The Construction Official or his designee shall cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.
(27) 
No temporary signs made of paper, cardboard, canvas or similar material shall be permitted, except for temporary signage permitted by this chapter.
(28) 
Signs affixed to vehicles and/or trailers, or automobile windows which are parked on a public right-of-way, public property or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property are prohibited. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as permanent lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer, or for pricing information associated with the sale of new and used cars.
(29) 
If the City of Union City funds or undertakes a project, it reserves the right to mandate the type of signage displayed on the building, whether a private or public project, in accordance with this chapter.
H. 
Nonconforming signs.
(1) 
Any signs existing at the time of the passage of this section which violate any provisions hereof shall be deemed a nonconforming sign and may be continued, maintained and repaired upon the present premises or location, provided that such sign was lawful under any prior ordinance and that required permits and inspections were obtained. Any sign unlawful under any prior ordinance shall remain unlawful unless it complies with the provisions of this section and there is issued by the Construction Official a sign erection permit therefor.
(2) 
Any sign which has been damaged to the extent that the cost of repairs shall exceed 50% of the current value of such sign shall be deemed as destroyed, and the owner thereof shall not be permitted to erect or restore the sign except in accordance with this section.
(3) 
Hanging signs shall be ordered to be removed to the extent that they are structurally unsafe and endanger the safety of the public.
(4) 
Upon abandonment of a nonconforming sign by the existing owner or lessee, said sign must be removed within 30 days by the landlord or tenant.
I. 
Awnings, canopies and marquees.
(1) 
Fixed or permanent awnings or canopies shall not project more than three feet from the building, nor be wider than 25 feet, or the width of the building, whichever is less. No awning shall be higher than four feet from its lowest point. Fabric swatches (as opposed to a color rendering) shall be provided to the Construction Official or his designee for any proposed awnings. An original, flame-resistant certificate completed by the fabric company shall be provided to the Construction Official or his designee. A fax or copy of said certificate shall not be accepted.
(2) 
No signage is permitted on any canopies or awnings, unless no facade area is available on the building facade to place a wall sign. Determination on whether an awning or canopy sign is permitted shall be made by the Construction Official.
(3) 
Awnings, canopies and marquees attached to the same building shall be the same shape, color and height and in accordance with any applicable provisions of this chapter.
(4) 
Awnings shall not be illuminated and shall not display any graphic, logo, or business name.
(5) 
Awnings, canopies and marquees shall not be permitted above the first floor of a building, except awnings shall be permitted on the second floor of a building, subject to the following conditions:
(a) 
Second-floor awnings shall not extend beyond 18 inches in depth from a building facade or wall.
(b) 
Second-floor awnings shall be the same shape and color as first-floor awnings, canopies and marquees attached to the same building.
(c) 
If awnings are installed on the second floor, all awnings must be installed on all second-floor windows.
(d) 
Second-floor awnings shall not extend more than six inches from either side of a window frame, and no awning shall extend more than 12 inches above a window frame.
(6) 
The lowest portion of an awning, canopy or marquee shall not be less than eight feet from the ground.
A. 
Off-street parking.
(1) 
Minimum required off-street parking schedule for nonresidential uses. The number of off-street parking spaces required for any nonresidential use shall be determined by reference to Parking Schedule I below.
Parking Schedule I
Parking Requirements for Nonresidential Uses
Use
Required Parking Spaces
Car wash
3 per washing lane
Child-care facilities
1 per employee
Banks and financial institutions
1 for each 300 square feet of gross floor area
Educational facility:
Elementary and intermediate school
1 per employee
Secondary school
1 per employee plus 1 per each 5 students in grades 11 and 12
Postsecondary and other educational facility
2 per each 3 full-time students and 1 for each 5 part-time students
Gasoline service station or repair garage
3 for each bay, plus 1 per 300 square feet of gross floor area of retail space
Health club and fitness center
1 per 300 square feet of gross floor area
Home occupation (major)
1 per employee
Hotel
1 per room, plus 1 space for each 1,000 square feet of gross floor area of ballrooms, conference rooms or similar space
Indoor commercial recreation, including roller rink, ice rink, recreation center and sports club
4.5 for each 1,000 square feet of gross floor area
Light industrial, including laboratory and research uses
1 for each 400 square feet of gross floor area
Medical office
1 per 300 square feet of gross floor area
Office
1 per 300 square feet of gross floor area
Outdoor recreation:
Court games
4 per court
Other
1 per 150 square feet of assemblage space
Places of worship, community buildings, social halls and places of indoor public assembly
1 for every 3 seats; where no permanent, individual seats are provided, 1 space for each 100 square feet of seating area or primary assembly area shall be provided
Restaurant, eating and drinking establishments(a)
1 for each 3 seats
Bars
1 per 50 square feet of gross floor area
Retail and service uses not separately listed(b)
1 per 300 square feet of gross floor area
Theater
1 for each 3 seats
NOTES:
a.
Take-out components of restaurants shall add one additional space for each 25 square feet of take-out service area.
b.
Retail uses such as delis, bakeries and coffee shops with on-site seating shall add one additional space for every three seats.
(a) 
Unscheduled uses. Off-street parking requirements for uses not listed in Parking Schedule I shall be established by the approving authority, based upon accepted industry standards.
(b) 
Combined uses. In the case of a combination of uses, the off-street parking requirement shall consist of the sum of the spaces required for each individual use, unless it can be demonstrated that staggered hours would permit modification to the parking requirement in accordance with the shared parking rules identified in § 223-46C.
(c) 
Fractional spaces. Whenever the application of Parking Schedule I results in a fractional parking space in excess of 1/2, a full space shall be required.
(d) 
No off-street parking or loading spaces need be provided for nonresidential uses located on lots that are 2,500 square feet or smaller.
(e) 
On-street parking located directly in front of a nonresidential use shall count toward required off-street parking. A length of 23 feet per on-street parking space shall be used in calculating the number of available on-street parking spaces.
(2) 
Minimum required off-street parking schedule for residential uses. The number of off-street parking spaces required for residential uses shall be determined pursuant to N.J.A.C. 5:21, as amended, and by reference to Parking Schedule II below. Alternative parking standards to those shown in the schedule below shall be accepted if the applicant demonstrates these standards better reflect local conditions. Factors affecting minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location, and available off-site parking sources.
[Amended 5-18-2021 by Ord. No. 2021-8]
Parking Schedule II(a)
Parking Requirements for Residential Land Uses
Housing Unit Type/Size(b)
Parking Requirement
One-family and two-family
2-bedroom
1.5
3-bedroom
2.0
4-bedroom
2.5(c)
5-bedroom
3.0
Garden apartment(b)
1-bedroom
1.8
2-bedroom
2.0(c)
3-bedroom
2.1
Townhouse(b)
1-bedroom
1.8
2-bedroom
2.3(c)
3-bedroom
2.4
Mid-rise(b)
1-bedroom
1.8
2-bedroom
2.0(c)
3-bedroom
2.1
High-rise(b)
1-bedroom
0.8
2-bedroom
1.3
3-bedroom
1.9
Live/work space
Values shall be commensurate with the most appropriate housing type and size noted above that the unit resembles
Retirement community
Values shall be commensurate with the most appropriate housing type and size noted above that the retirement community resembles
Assisted living
0.5
NOTES:
a.
As amended from time to time.
b.
Requirements for attached units (apartment/condominium/townhouse) include provisions for guest parking (0.5 space per dwelling unit). Guest parking must either be provided for on street or in common parking areas.
c.
If applicant does not specify the number of bedrooms per unit, this parking requirement shall apply.
(a) 
Garage and driveway combinations shall be counted as follows:
[1] 
Each garage car space shall be counted as 1.0 off-street parking space regardless of the dimensions of the driveway.
[2] 
A one-car garage and driveway combination shall count as 2.0 off-street parking spaces, provided that the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way.
[3] 
A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided that a minimum parking area width of 20 feet is provided for a minimum length of 18 feet as specified for a one-car garage and driveway combination.
(b) 
When housing is included in mixed-use development, a shared parking approach to the provision of parking shall be permitted.
(c) 
When, in the judgment of the Board, on-street parking is available, then only that proportion of the parking requirement which is not available on the street shall be provided in off-street parking facilities. A length of 23 feet per on-street parking space shall be used in calculating the number of available on-street parking spaces.
(d) 
For projects containing dwelling units required by the New Jersey Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7), to be accessible, parking spaces for people with disabilities shall be provided in accordance with the requirements of the Barrier Free Subcode and shall be considered part of the total number of required spaces.
(e) 
No off-street parking spaces shall be required for newly constructed nonresidential uses on lots with frontage on Bergenline Avenue or Summit Avenue. Existing establishments or changes of use in existing buildings must comply with Parking Schedule I.
(3) 
Commercial vehicles in residential zones.
(a) 
In a residential zone only one commercial vehicle of a rated capacity of one ton or less may be kept on the premises.
(b) 
Commercial trailers, tractors and mechanized equipment in residential zones. Commercial and industrial trailers, tractors, construction machinery and equipment, commercial trucks and vehicles greater than 6,000 pounds, or any open trailer, shall not be kept, placed or stored in any residence zone, except that equipment and machinery used in connection with the construction, alteration, removal, or demolition of any buildings or structures or the excavation of any land may be permitted to stand upon the premises where such work is being undertaken while the same is in progress.
(4) 
Parking of mobile dwellings, recreational vehicles and equipment. No mobile dwelling, trailer or any other recreational equipment shall be stored or parked on any premises in any residential zone district within the limits of the City, except as hereinafter provided:
(a) 
Mobile dwellings, trailers or recreational equipment may be stored or parked within an enclosed building or garage on the premises.
(b) 
Mobile dwellings, trailers or recreational equipment may be stored or parked outdoors on any premises upon the following terms and conditions:
[1] 
Not more than one mobile dwelling, trailer, or any other recreational equipment shall be stored or parked on any premises in any residential zone district within the limits of the City, except as hereinafter provided. For purposes of this chapter, premises shall include adjoining lots in common ownership, unless said adjoining lots otherwise conform to this chapter and other provisions hereof.
[2] 
No mobile dwelling, trailer or recreational equipment shall be stored or parked within any residential district other than that lot upon which the principal residence structure of the actual owner of the recreational equipment is located.
[3] 
No mobile dwelling, trailer or recreational equipment shall be stored or parked at any time when said premises are not being occupied, except for vacation absences.
[4] 
No mobile dwelling, trailer or recreational equipment shall be stored or parked in any district as an accessory building or use, except as herein provided.
[5] 
No mobile dwelling, trailer or recreational equipment shall exceed the following bulk requirements:
[a] 
A maximum height of 12 feet as parked, including trailer, cradle or mount, but excluding mast in the case of a boat.
[b] 
A maximum body length of 30 feet, excluding trailer hitch, tongue and bumper.
[c] 
A maximum of eight feet in body width, excluding hardware.
[d] 
A maximum gross weight of 12,000 pounds, including trailer and mount.
(c) 
No mobile dwelling, trailer or recreational equipment shall be stored or parked within any front yard or side yard required under this chapter. These requirements shall apply to both frontages on a corner lot. In addition, all recreational equipment shall be stored or parked to the rear of the rear building line of the principal building and shall comply with accessory setbacks.
(d) 
All mobile dwellings, trailers or recreational equipment must be kept clean and in good repair at all times and shall carry a current year's license or registration as required by law.
(e) 
The owner of any mobile dwelling, trailer or recreational equipment shall have and display upon request to any authorized officials of the City satisfactory proof of ownership of such recreational equipment.
(f) 
All mobile dwellings, trailers or recreational equipment shall be maintained in mobile condition.
(g) 
No mobile dwellings, trailers or recreational equipment shall be used for sleeping or dwelling purposes while on said premises and shall not be commercially stored or offered or displayed for sale. Further, such recreational equipment shall not be connected with any electric, water, gas or sanitary sewer facilities.
(h) 
No construction or repair of any such mobile dwellings, trailers or recreational equipment shall be carried on outdoors in any residential district. For purposes of this chapter, construction or repair shall not include essential maintenance.
(i) 
No mobile dwellings, trailers or recreational equipment shall be stored, parked or maintained so as to create a dangerous or unsafe condition on the premises where parked.
(j) 
Loading and unloading of mobile dwellings, trailers or recreational equipment at any location on the premises is permitted, provided that said vehicle is not stored or parked for a period longer than 48 hours in any seven consecutive days.
(k) 
All mobile dwellings, trailers or recreational equipment shall be effectively screened with attractive plantings, shrubs and trees or fencing so as not to be readily visible from the street or from any adjoining or nearby properties. Said screening shall not exceed six feet in height and shall be maintained and kept in good condition.
B. 
Location of parking.
(1) 
Required off-street parking shall be located only in those locations as set forth below and shall meet all setback requirements set forth in that subsection.
(2) 
Off-street parking facilities as accessory to any use permitted in a residential zone shall be provided on the same lot with the permitted principal building.
(3) 
Off-street parking facilities as required by this chapter in nonresidential zones shall be provided on the same lot as the principal building or use, unless an applicant is granted permission by an approving authority for shared parking per the requirements of § 223-46C.
(4) 
Access to or egress from any property situated in a nonresidential zone through the use of a driveway located on property in a residential zone is prohibited.
(5) 
Bicycle racks. Bicycle racks shall be provided for all multifamily and nonresidential developments at the ratio of one bicycle space for each dwelling unit or one bicycle space for each 20 off-street parking spaces or fraction thereof over 20 spaces.
(6) 
The minimum setback for any parking area or driveway shall be five feet in all zones; however, there shall be no minimum setback for parking areas or driveways in connection with existing and proposed residences in the R Low Density Residential District or for existing and proposed one- and two-family dwellings in any zone or district. Notwithstanding, parking in these areas shall not obstruct any City sidewalks and/or City rights-of-way.
[Amended 5-18-2021 by Ord. No. 2021-8]
C. 
Shared parking. In all districts, except the R Zone, shared accessory off-street parking shall be permitted in accordance with the following:
(1) 
A use for which an application for shared parking is made shall be located within 500 feet of the parking facility which is being shared.
(2) 
An agreement providing for the shared use of parking, executed by all the parties involved, shall be approved by the approving authority's attorney and filed with the City Clerk. Shared parking privileges shall continue in effect so long as the agreement, binding on all parties, remains in force. If the agreement is no longer in force, parking shall be provided as otherwise required in this chapter.
(3) 
Shared parking for uses with different hours of operation. Shared parking shall be permitted between two uses with differing hours of operation, provided that the approving authority shall have discretion in determining which uses are daytime uses and which are nighttime or Sunday uses. The following shall serve as general guidelines:
(a) 
The following uses may be generally considered daytime uses:
[1] 
Offices.
[2] 
Retail sales and services, except restaurants, bars and entertainment uses.
[3] 
Wholesale, storage and distribution uses.
[4] 
Manufacturing uses.
[5] 
Other similar primarily daytime uses as determined by the approving authority.
(b) 
The following uses may be generally considered nighttime or Sunday uses:
[1] 
Places of worship, clubhouses, and theaters.
[2] 
Bars.
[3] 
Other similar primarily nighttime or Sunday uses as determined by the approving authority.
(4) 
The approving authority may authorize the use of up to 90% of the required off-street parking for a daytime use to serve as the required off-street parking for a nighttime or Sunday use and vice versa. The applicant shall demonstrate that the hours of operation of the two uses will not conflict, and the approving authority shall place conditions limiting the hours of operation to ensure that adequate parking is available to all users at the appropriate times.
(5) 
Shared parking for uses with similar hours of operation. The approving authority may approve shared parking arrangements between two or more uses with the same or overlapping operating hours by up to 20% of the total parking that would be required for all of the uses calculated separately.
(6) 
In all shared parking situations, the approving authority may require that an applicant for shared parking provide testimony and/or a shared parking feasibility study in support of the application from a licensed engineer in the State of New Jersey with expertise in parking operations. A shared parking feasibility report shall include, but is not limited to, the following:
(a) 
A site plan sheet depicting the parking spaces intended for shared parking and their proximity to land uses they will serve.
(b) 
A signage plan that directs drivers to the most convenient parking areas for each particular use or group of uses as appropriate.
(c) 
A pedestrian circulation plan that shows connections and walkways between parking areas and land uses.
(d) 
A safety and security plan that addresses lighting and maintenance of the parking areas.
D. 
Off-street loading.
(1) 
Application. In any building or building group or part thereof hereafter erected and having a gross floor area of 20,000 square feet or more of nonresidential space, there shall be provided and maintained, on the same zone lot with such building, off-street loading berths.
(2) 
Required off-street loading facilities.
(a) 
No off-street loading spaces shall be required for buildings located within the C-N District.
(b) 
No off-street loading spaces shall be required for nonresidential uses located on lots that are 2,500 square feet or smaller.
(c) 
Location of loading berths. All loading areas shall be on the same lot as the use to be served. Such areas shall be located only in a side or rear yard. Such areas shall not encroach upon any required open space, accessway, off-street parking area or public right-of-way. Where located adjacent to any residential district, they shall be set back a minimum of five feet from such property line.
(d) 
Access. All required off-street loading areas shall provide sufficient turning spaces and access.
(e) 
Calculation of required spaces. The number of off-street loading berths required for any use shall be determined by application of the standards set forth below:
Principal Building Size
(square feet)
Required Number of Loading Berths
Up to 20,000
1
20,000 to 50,000
2
Each additional 100,000
1 additional space
E. 
Development of surface parking lots. The redevelopment of any surface parking lot must accommodate parking needs of the proposed development in additional to the parking spaces that will be eliminated as a result of the development.
F. 
Electric vehicle supply/service equipment.
[Added 9-20-2022 by Ord. No. 2022-10]
(1) 
Purpose. The purpose of this Subsection F is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:
(a) 
Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.
(b) 
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
(c) 
Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.
(d) 
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
(2) 
Definitions.
CERTIFICATE OF OCCUPANCY
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), and regulations adopted pursuant thereto.
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 fifteen- to twenty-amp breaker on a 120-volt AC circuit.
(b) 
Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.
(c) 
Direct-current fast charger (DCFC) operates on a sixty-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 al.).
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, nonreserved 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 Subsection F(4) below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection F(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 Construction Code Official or designee shall enforce all signage and installation requirements described in this Subsection F. Failure to meet the requirements in this Subsection F shall be subject to the same enforcement and penalty provisions as other violations of the City of Union City'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 Subsection F(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 Construction Code Official or designee 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 Subsection F(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 this Subsection F, 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 § 223-46.
(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 Subsection F(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 Subsection F 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 an 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 the City of Union City Code.[1] 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.
[1]
Editor's Note: See Ch. 1, General Provisions, Art. IV, General Penalty.
[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 the City of Union City'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 stand-alone 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 twenty-four-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 Union City 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 Subsection F, allowing only charging electric vehicles to park in such spaces. For purposes of this Subsection F, "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 permitted 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)(e)[2] 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.
A. 
Nonconforming buildings or structures. A building or structure that is conforming in use but does not conform to the lot dimension, yard dimension, height, building coverage, floor area ratio, off-street parking, loading, or similar dimensional requirements of the chapter shall be deemed to be a nonconforming building or nonconforming structure. No permit shall be issued that will result in the increase of any dimensional nonconformity, but any building or structure or portion thereof may be altered to decrease its dimensional nonconformity.
B. 
Continuance of existing nonconforming uses and structures. Any nonconforming use or structure which lawfully existed at the time of the passage of this article may be continued, and any existing legally nonconforming building or structure may be reconstructed or structurally altered, but only in accordance with the requirements of this article.
C. 
Discontinuance of a nonconforming use. Any nonconforming use that has been deemed to be abandoned (as defined in this chapter) shall not be permitted to resume.
D. 
Alteration, extension or enlargement of nonconforming use or structure.
(1) 
A nonconforming use of any building, structure or land shall not be increased, enlarged, extended or changed in any manner whatsoever.
(2) 
No building in which a nonconforming use exists shall be enlarged, extended or structurally altered in any manner; provided, however, that:
(a) 
Nothing herein shall prevent the repair and maintenance of any building wherein there exists a nonconforming use, provided that such maintenance and repair does not in any way constitute or result in a further expansion of a nonconforming use.
(b) 
Minor alterations and improvements which do not constitute or require structural changes may be made in or to a building wherein a nonconforming use exists, provided that such nonconforming use will not be increased, extended or enlarged thereby.
(c) 
Nothing herein shall prevent the strengthening or restoration to a safe and lawful condition of any part of any building which is nonconforming.
(3) 
Structural alterations, internal rearrangements and renovations may be made in a building or structure which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this article, other than use, so long as the structural alteration or increase, internal rearrangement or renovation does not extend or enlarge the nonconformance of said building or structure.
(4) 
A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use.
E. 
Restoration of existing building or structures nonconforming because of use. Whenever a building or structure is nonconforming by reason of its use, such building or structure may be restored or repaired in the event of partial destruction thereof.
F. 
Restoration of existing buildings or structures nonconforming for reasons other than use. Whenever a building is nonconforming because it fails to comply with any height, area, yard, off-street parking or requirements of this article, other than use, and such building is partially destroyed, such building may be restored to its prior condition; provided, however, that such restoration shall not enlarge the previously existing nonconformance.
G. 
Nonconforming improved lot. When an improved lot in a residential zone exists as a separate isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner, and which said improved lot is nonconforming due to size, shape, area or setback, any existing residential building or structure on the lot may be further improved, provided that:
(1) 
The number of dwelling units shall not be increased even if such increased number of dwelling units is allowed in the zone, unless approved by the approving authority.
(2) 
Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be made more nonconforming including any vertical additions of any type.
(3) 
Any existing and proposed improvement on the nonconforming improved lot shall not exceed the percentage of maximum building coverage set forth in the Schedule of Bulk Regulations.[1]
[1]
Editor's Note: The Schedule of Bulk Regulations is included as an attachment to this chapter.
(4) 
The Construction Code Official of the City of Union City is hereby authorized and empowered to issue any necessary construction permits in accordance with the provisions of this subsection.
H. 
Nonconforming unimproved lot. Notwithstanding any other provisions of this article, any existing nonconforming lot in the R Zone not adjoining any vacant land and which is nonconforming due to shape or area may be improved with a new building or structure in accordance with the use requirements of this article, provided that the minimum setbacks shall be as required in the Schedule of Bulk Regulations,[2] except required side street setbacks on corner lots may be reduced six inches for each foot the lot is under the minimum width required in the zone district, but shall not be reduced below 1/2 the minimum required setback.
[2]
Editor's Note: The Schedule of Bulk Regulations is included as an attachment to this chapter.
I. 
Nonconforming signs.
(1) 
Billboards as defined herein and as previously permitted as advertising signs shall be deemed to be distinct nonconforming uses, as defined in this chapter.
(2) 
Any roof sign as defined in this chapter or any outdoor display sign erected, constructed, maintained or painted on or over the roof of any building or on or above any roof level of a parapet wall shall be deemed to be distinct nonconforming uses as defined in this chapter.
J. 
Any nonconforming structure located in the C-N and MU Districts, with the exception of lots fronting on Bergenline Avenue, New York Avenue, and Summit Avenue, can be further developed, provided that the degree of nonconformity is not further increased.
Dwellings containing units that are exempt from site plan approval pursuant to Article IV within Chapter 223 of the City Code shall also be exempt from all other land development requirements of Chapter 223 thereof, without the need for additional variance or other approval. These dwellings shall be exempt, provided that the conversion, creation or legalization of the new units does not result in the creation of additional building area. Notwithstanding the language of this section and the exemption granted thereby, these dwellings and units shall be required to comply with any and all provisions of the Uniform Construction Code and the Uniform Fire Code, and all necessary permits shall be obtained, and a certificate of occupancy shall be required therefor.
A. 
Outdoor sales, as defined in § 223-5, shall be permitted on private, residential property only, subject to the following:
(1) 
Goods and merchandise and ancillary items associated with the outdoor sale thereof shall not be located within the City's public right-of-way or on City streets or sidewalks.
(2) 
The outdoor sales of goods and merchandise is permitted on Saturdays only from 9:00 a.m. to 6:00 p.m. and from May 1 through October 31. The outdoor sales of goods and merchandise shall be hereby prohibited on all other days, at all other times and during all other months.
B. 
Violations of this section shall be subject to the imposition of any and all monetary and other relief permitted by the provisions of this Code.
[Added 5-4-2021 by Ord. No. 2021-7]
A. 
Medical cannabis alternative treatment centers may be established and operate within the City of Union City, so long as such centers are authorized by, and operate in full compliance with, the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.). Medical cannabis alternative treatment centers are the only entities authorized to distribute medical cannabis within the City of Union City. No other entity may purchase, sell, resell, manufacture, prepare, package or otherwise cause to enter into commerce marijuana or any derivative thereof.
B. 
Nothing in this section, however, is intended or shall be read as prohibiting or otherwise affecting or impacting the establishment or operation of medical marijuana alternative treatment centers within the City, authorized by, and operated in full compliance with, New Jersey's Compassionate Use Medical Marijuana Act, P.L. 2009, c. 307 (2010), codified at N.J.S.A. 24:6I-1 et seq., as may otherwise have been permitted by the Code of the City of Union City, including Chapter 223, Article VI, § 223-50 thereof, at the time of the adoption of P.L. 2021, c. 16.
[Added 5-4-2021 by Ord. No. 2021-7]
A. 
Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16) ("the Act"),[1] all cannabis establishments, cannabis distributors or cannabis delivery services are hereby prohibited from operating anywhere in the City of Union City ("City") and shall also be considered a prohibited use for all purposes under this chapter, and for purposes of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., in all zones, districts and areas of the City, except for the delivery of cannabis items and related supplies by a licensed cannabis delivery service based and initiated from a cannabis delivery service licensed location outside of the City.
[1]
Editor's Note: See N.J.S.A. 24:6I-45.
B. 
It is the purpose of the City in enacting this section that all cannabis activity otherwise permitted by the Act, but as to which the City may prohibit within 180 days of the effective date of the Act, pursuant to Section 31b thereof entitled "Municipal Regulations or Ordinances," be prohibited, and that this section be understood, read and applied as broadly as possible to effectuate such purpose.
C. 
Nothing in this section, however, is intended or shall be read as prohibiting or otherwise affecting or impacting the establishment or operation of medical marijuana alternative treatment centers within the City, authorized by, and operated in full compliance with, New Jersey's Compassionate Use Medical Marijuana Act, P.L. 2009, c. 307 (2010), codified at N.J.S.A. 24:6I-1 et seq., as may otherwise have been permitted by the Code of the City of Union City, including Chapter 223, Article VI, § 223-50 thereof, at the time of the adoption of P.L. 2021, c. 16, or medical cannabis alternative treatment centers, as provided for in § 223-50 of this chapter.