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.

Permitted principal uses.

Permitted accessory uses.

Permitted conditional uses.

Supplemental requirements.

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.

Permitted principal uses.

Permitted accessory uses.

Permitted conditional uses.

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.

Permitted principal uses.

Permitted accessory uses.

Permitted conditional uses.

Supplemental requirements.

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.

Permitted principal uses.

Permitted accessory uses: accessory buildings having a building footprint less than 1,000 square feet in area.

Permitted conditional uses: none.

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.

Permitted principal uses: public parks and playgrounds within the air rights of Route 495.

Permitted accessory uses: accessory buildings having a building footprint less than 1,000 square feet in area.

Permitted conditional uses: none.

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.

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.

Permitted principal uses.

Permitted accessory uses.

Permitted conditional uses: none.

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.

Establishment of district.

Applicability.

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:

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.

Permitted limit of disturbance.

Performance standards.

Design and construction standards.

Minor steep slope areas.

Time for decision.

It shall be located on a lot with street frontage of at least 100 feet on John F. Kennedy Boulevard or Kerrigan Avenue.

The minimum lot area shall be 10,000 square feet.

A car wash shall be completely enclosed for all operations, except final hand-drying operations, which may take place on a surface lot.

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.

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.

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.

No vehicles shall be stored outdoors when the business is closed.

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.

It shall be located on a lot with street frontage of at least 100 feet on John F. Kennedy Boulevard or Kerrigan Avenue.

The minimum lot area shall be 10,000 square feet.

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.

Such use shall comply with all applicable City ordinances and state statutes and regulations pertaining to noise.

No drive-through window shall face any public right-of-way.

It shall be located on a lot with street frontage of at least 150 feet on John F. Kennedy Boulevard.

The minimum lot area shall be 15,000 square feet.

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.

Such use shall comply with all applicable City ordinances and state statutes and regulations pertaining to noise.

No drive-through window shall face any public right-of-way.

Minimum lot area: 5,000 square feet.

Minimum frontage: 50 feet.

Minimum front yard: 10 feet. No parking shall be permitted between the front building line and the street right-of-way.

Minimum rear yard: 30 feet.

Minimum side yards (each): same as zoning district requirements for permitted uses.

Maximum building height (excluding spires, steeples, cupolas, and other ornamentation): same as zoning district requirements for permitted uses.

Maximum lot coverage: 75%.

Maximum building coverage: 50%.

Minimum parking setback from property lines: five feet.

It shall not be located on a lot with street frontage on Bergenline Avenue, New York Avenue, or Summit Avenue.

The practitioner must be the owner or lessee of the residence in which the major home occupation is contained.

The practitioner must reside in the home.

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.

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.

No client shall, in such relationship, remain on the premises overnight.

No retail sales shall be conducted on the site.

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.

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.

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:

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.

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:

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:

Accessory uses shall be those permitted for the above uses, subject to all applicable requirements of this chapter.

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.

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.

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.

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.

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.

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.

Microwave dishes, cones, or other antennas used for the purpose of point-to-point microwave transmission or microwave links are expressly prohibited.

Platform-mounted or side-arm-mounted antennas of any kind are expressly prohibited.

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:

WT towers shall be limited to monopole designs only. Freestanding lattice towers and guyed towers of any kind are prohibited.

Unless technologically infeasible, WT towers shall be designed to permit co-location of additional antennas.

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.

No WT tower shall be lighted except as may be required by state or federal law.

No WT tower shall bear any signs, displays, or advertisements of any kind except as may be required by law.

WT towers shall be constructed, finished, painted and camouflaged to blend in with their background and minimize their visual impact on the landscape.

WT equipment and WT equipment compound. All WT equipment shall be housed within a WT equipment compound, consistent with the following requirements:

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.

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.

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.

WT technology shall fully conform with all applicable state, federal and local laws.

Routine maintenance of WT technology shall be limited to the hours of 7:00 a.m. to 7:00 p.m.

The minimum setback from any school lot line or other lot line on which a licensed educational facility is located shall be 100 feet.

The minimum setback from the nearest lot line of a one -family or two-family home shall be 100 feet.

No WT technology shall be located in the required setbacks of any lot.

No WT technology shall be located on any one- or two-family residential property nor on any nonconforming use.

In addition to compliance with all applicable zoning and site plan requirements, applications for approval of WT technology shall include the following:

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:

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:

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.

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.

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.

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.

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.

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:

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.

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.

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.

Freestanding signs. Freestanding signs shall comply with the following regulations:

Wall signs. Wall-mounted signs shall comply with the following regulations:

Window signs. Wall signs shall comply with the following regulations:

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.

Residential nameplates identifying a residence and/or street address, not to exceed one square foot in area.

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.

One professional nameplate not exceeding one square foot in area for lawful occupants of the premises under this chapter.

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.

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.

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.

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.

Flags of the United States, State of New Jersey or other governmental or quasi-public agencies, subject to reasonable size and location.

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.

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.

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.

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.

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.

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

No sign shall be internally illuminated by neon gas-filled tubes.

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.

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.

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.

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.

No billboard, or billboard signs, shall be permitted. No sign otherwise lawful under this section shall be prohibited because of this subsection.

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.

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.

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.

No sign shall be erected, painted or composed of fluorescent, phosphorescent or similar material.

No sign shall be, in whole or in part, flashing, intermittent, moving, fluttering, or revolving.

No signs emitting a sound, odor or visible matter such as smoke or vapor shall be permitted. No sign erected shall contain audio equipment.

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.

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.

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.

No signs shall extend more than six inches in depth from a building facade.

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.

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.

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.

No references to the set pricing of products and services shall be permitted in the wording of a permanent sign, awning or canopy.

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 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.

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.

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.

No sign may be attached in any form or manner which will interfere with any opening for ventilation or with any architectural detail.

No sign shall consist of more than four colors, including the background color.

Facsimile and telephone numbers are prohibited on all signs.

Any light box sign is subject to the following additional limitations:

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.

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.

No temporary signs made of paper, cardboard, canvas or similar material shall be permitted, except for temporary signage permitted by this chapter.

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.

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.

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.

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.

Hanging signs shall be ordered to be removed to the extent that they are structurally unsafe and endanger the safety of the public.

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.

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.

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.

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.

Awnings shall not be illuminated and shall not display any graphic, logo, or business name.

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:

The lowest portion of an awning, canopy or marquee shall not be less than eight feet from the ground.

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.

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.

Commercial vehicles in residential zones.

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:

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

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:

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.

Required off-street loading facilities.

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:

Definitions.

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.

A nonconforming use of any building, structure or land shall not be increased, enlarged, extended or changed in any manner whatsoever.

No building in which a nonconforming use exists shall be enlarged, extended or structurally altered in any manner; provided, however, that:

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.

A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use.

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.

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.

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]

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.

Billboards as defined herein and as previously permitted as advertising signs shall be deemed to be distinct nonconforming uses, as defined in this chapter.

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.

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.

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.