Hackensack City Zoning Code

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

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

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

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

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

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

Generally.

Multifamily dwellings and mixed uses with a residential component.

Nonresidential uses.

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

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

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

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

Approvals and permits.

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

Minimum parking requirements.

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

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

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

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

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

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

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

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

Landscaped areas shall be protected from vehicular damage.

Submission of proposed landscape plans.

Contents of landscape plan.

Buffer depths shall be measured from the property line.

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

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

Buffers shall be required as follows:

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

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

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

Locations of street trees.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Swimming pool fences.

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

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

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

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

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

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

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

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

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

Generally.

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

Applicability.

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

Application.

Issuance of permit.

Fees.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Computation of area of individual signs. The area of a sign face shall be computed by measuring the total area of the space utilized for sign purposes including the spaces between all letters, figures, numbers, images or symbols.

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

Computation of height. The height of a sign shall be computed as the distance from the base of the sign at grade to the top of the highest attached component of the sign. Grade shall be construed to be the newly established grade after construction, or the lowest part of the ground where a sign is erected on a slope.

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

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

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

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

Illumination. No sign shall be illuminated except as provided herein.

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

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

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

Language and symbols:

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

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

The following supplemental regulations shall apply as noted.

All temporary signage, except as specifically exempted under this article, shall require a permit. Said permit shall be valid for a period not to exceed 30 days from the issuance thereof and may be renewed for a period not to exceed 60 days, except where shorter periods are established in the subsections below.

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

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

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

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

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