Union City, NJ General Regulations

Required yards.

Every lot shall include front, side and rear yards having the areas and dimensions required within the particular zone in which said lot is located.

No yard or other open space provided for any building for the purpose of complying with the provisions of this article shall be considered as providing a yard or other open space for any other building on any other lot.

No land in a residential zone shall be used to fulfill open space, minimum areas, minimum yard and setback requirements, parking or other similar requirements for uses in nonresidential zones.

Projections and encroachments. No building, structure or part thereof, such as balconies, porches or overhangs, shall be permitted to encroach into any street or other public right-of-way or extend over any property line, except that awnings on the first floor of a building may encroach not more than two feet into a street or other public right-of-way and wall signs may encroach not more than six inches into a street or other public right-of-way. Encroachments into a street or other public right-of-way other than those permitted by this section shall be specifically approved by way of the granting of an easement by the Board of Commissioners. Yards and courts required by this article shall be free of buildings, structures or parts thereof, and no building or structure shall project into any front, side or rear yard required by this article, nor shall use be made of such yard, except as follows:

Unenclosed porches, including steps extending not more than 72 inches from the building line and not exceeding more than 20 square feet in size.

Window wells affording light and air to basement and cellar areas.

Chimneys, cornices and eaves which may project not more than two feet into any required yard.

(d)

Driveways providing access to permitted garages or parking areas; provided, however, that on single-family and two-family lots, driveways used to provide access to private garages shall not be wider than 10 feet.

(e)

Sills, leaders and similar ornamental or structural features which may project not more than six inches into any required yard.

(f)

Fences and retaining walls, where specifically permitted in this chapter.

(g)

Freestanding flagpoles, television antennas and radio aerial masts, children's playground equipment, outdoor fireplaces and yard clothes lines and posts but must be set back at least three feet from any property line and shall not be located in the front yard, except for freestanding flagpoles.

(h)

Accessory buildings and uses, including swimming pools, where specifically permitted in this chapter.

(i)

Residential heating and cooling units, if located in the side yard and which shall be buffered from adjacent neighbors with evergreen plantings or a fence to help mitigate visual appearance, noise and vibration.

(j)

Parking areas in connection with existing and proposed residences in the R Low Density Residential District and existing and proposed one-, two- and three-family dwellings in any zone or district.

[Added 3-18-2014]

Lots abutting municipal parking lots. Any nonresidential lot abutting a municipal parking lot shall be required to meet only 1/2 of the minimum yard requirements for the zone in which located for the yard abutting the municipal parking lot.

(4)

Prevailing setback. In order to maintain the character of the established building streetscape in residential neighborhoods, the average of the front setback of each existing building on the same side of the same street within the same block within 100 feet shall be calculated in those districts noted to require a prevailing setback calculation within the zoning schedule at the end of this chapter. The prevailing front setback shall be no more than twice the front setback noted within the zoning schedule for said district.[1]

Editor's Note: See the Schedule of Bulk Regulations attached to this chapter.

Lot frontage.

Every principal building shall be built upon a lot with the minimum required frontage upon an approved street which shall be improved in accordance with the street standards established by the City of Union City or the Residential Site Improvement Standards (RSIS), as applicable.

On any through lot, the front yard shall be considered that frontage upon which the majority of the buildings in the same block front, but in case there has been no clearly defined building frontage established, the owner shall, when applying for a building permit, specify which lot line shall be considered the front lot line.

Corner lots.

Side yard requirements of a corner lot. The side street setback line of any corner lot shall not be less than the minimum front yard required on any adjoining lot fronting on a side street.

Wherein an existing lot is a corner lot as defined in this chapter, any future subdivision of that parcel of land shall be required to front new lots created by subdivision on the shorter street frontages bounding the limits of the City block in which the subject parcel is located.

Principal buildings.

Only one principal building may be erected on a lot in the R Zone. In all other zones, related compatible buildings under one management may be erected, used or occupied, provided that all other open space, setback and coverage requirements of this article and Article VI are met.

No new building shall be constructed on or any existing building altered or moved onto any lot for use as a dwelling when there exists on said lot a building which is being used for dwelling purposes. No building other than a structure permitted in and by this article shall be constructed in front of or moved to the front of a principal building situated on the same lot.

Height exceptions.

Appurtenances attached to principal structures. Church spires, belfries, domes or antennas attached to buildings, stair towers, chimneys, ventilators, skylights, water tanks, bulkheads and necessary mechanical appurtenances usually carried above roof level shall not be considered when determining the height of the building and are not subject to height limitations, except that the total square footage of such features shall not exceed 20% of total roof area and shall not exceed a height such as is necessary to accomplish the purpose for which it is intended to serve.

Freestanding noncommercial accessory structures. Water towers and radio and television antennas which are erected as freestanding structures may be erected to a height which can be demonstrated to the approving authority is necessary to accomplish their intended function. Federally licensed amateur radio facilities shall be subject to Federal Communications Commission (FCC) rules which govern the height of licensed amateur operator radio antennas. The height of the tower or antennas shall conform to United States Federal Communications Commission Regulations governing licensed amateur radio operators and, if required, Federal Aviation Administration (FAA) notification and FCC approval. All freestanding noncommercial accessory structures shall not be located within any required front, side or rear yard setback areas and shall be subject to the structural provisions of the New Jersey Uniform Construction Code.

Accessory structures and uses.

General requirements.

Any accessory structure attached to the principal building shall be considered part of the principal building.

No accessory building shall be constructed on any lot on which there is not a principal building structure.

No accessory building or structure shall be permitted in any front yard.

(d)

On through lots, no accessory structure erected in the rear yard shall be nearer to the "rear" street line than the minimum front yard setback for the zone in which such lot is located.

(e)

Except as permitted elsewhere in this chapter, accessory buildings built in a rear yard on interior lots shall be no closer than three feet to any side or rear property line of the lot containing said accessory building; provided, however, that no accessory building shall be located closer than five feet to said line on any lot which has a rear lot line that serves as a side line of an adjoining property.

(f)

No accessory building or structure shall be located closer than 10 feet to from a principal building.

(g)

Except as specifically permitted elsewhere in this article, no accessory building or structure shall exceed 15 feet in height.

(h)

No accessory building shall have floor or ground area in excess of 500 square feet or 1/3 of the floor or ground area of the principal building, whichever is greater.

(i)

No accessory building shall be used for human habitation.

Requirements for specific accessory structures and uses.

Minor home occupations. Minor home occupations shall be permitted as accessory uses in all residential zones and shall be exempt from approval by the Planning Board or Zoning Board of Adjustment if the following standards are satisfied:

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

The practitioner must reside in the home.

There are no nonresidential employees working on the premises.

The minor home occupation is clearly incidental and subordinate to the principal use of the dwelling for residential purposes. The maximum area devoted to the minor home occupation shall be limited to not more than 25% of the total area of the floor where located, excluding space used for a private garage or 400 square feet, whichever is smaller.

There is no external evidence of the minor home occupation.

No retail sales shall be conducted on the site.

[7]

No clients shall visit the site.

[8]

There is no sign identifying the minor home occupation.

[9]

There are no delivery vehicles other than those associated with the residential use on site.

[10]

No equipment or process shall be used in such minor home occupation which creates noise, glare, fumes, odors, electrical interference, medical waste or other nuisance factors detectable to the normal sense or to radio, telephone or television equipment off the lot.

Amusement machines. Such machines shall be permitted in the C-C, C-G, C-N, MU and UTOD Zones as accessory uses to establishments where the primary use is a recreational/entertainment use, such as theaters, in accordance with the following limitations:

There shall be 60 square feet of operating area for each machine. The calculations of the operating areas shall exclude any area of the premises which is used for other purposes, but shall include access and walkways primarily serving the machine.

Not more than five such machines as accessory uses shall be permitted in any single establishment.

The maximum area devoted to such machines (60 square feet by number of licensed machines) shall not constitute more than 30% of the gross floor area of the establishment.

Satellite antennas.

Permitted districts. A receive-only satellite antenna shall be permitted as an accessory use in all zone districts. Satellite antennas shall not require site plan approval from the approving authority.

Performance standards.

No satellite antenna may be placed in the front yard of any lot in the City. A corner lot shall be deemed to have a front yard facing each street.

The diameter of satellite antennas shall not exceed three feet. Receive-only satellite antennas shall be the only type permitted.

No satellite antenna shall be closer to the side property line than a distance equal to the diameter of said antenna or side yard setback requirement for the principal structure on the lot, whichever results in the greater setback.

[d]

No satellite antenna shall be closer to the rear property line than a distance equal to the diameter of said antenna or rear yard setback requirement for the principal structure on the lot, whichever results in the greater setback.

[e]

When mounted on the ground, the overall height from the surrounding ground level to the lowest point of the antenna shall not exceed two feet, except in instances where additional clearance is needed to satisfactorily receive and/or transmit signals. No ground-mounted satellite antenna shall exceed five feet in height, as measured from the average grade of the base of the antenna to the highest point of the antenna.

[f]

Roof-mounted antennas.

[g]

Flat roofs and mansard-style roofs. No roof-mounted satellite antenna may extend above the roofline more than four feet when mounted on a flat roof or mansard-style roof. However, upon a showing that such a roof-mounted antenna will not receive adequate reception under the restrictions of this subsection, the minimum height necessary for reasonable satisfactory reception may be allowed. Roof-mounted antennas on a flat roof shall be located in the center of the roof structure to reduce visibility.

[h]

All other style roofs. No roof-mounted satellite antennas may extend above the highest point of the roof more than three feet when mounted on all other style roofs, and the roof-mounted satellite antenna must be located on the portion of the roof facing the rear yard or, if this would unreasonably limit signal reception, the side yard. However, upon a showing that such a roof-mounted antenna will not receive adequate reception under the restrictions of this subsection, the minimum height necessary for reasonably satisfactory reception may be allowed.

[i]

All satellite antennas shall be painted a solid, dark, nonmetallic, nonglossy color if ground-mounted. Roof-mounted antennas mounted on a flat roof or mansard-style roof shall be painted a solid, dark, nonmetallic, nonglossy light to medium gray. When mounted on all other style roofs, the satellite antenna shall be painted the color of the surface to which it is attached.

[j]

The number of allowable satellite antennas on buildings containing a residential use shall be one per dwelling unit.

[k]

The satellite antenna may only be used for occupants of the building located on the property.

[l]

When the use of a satellite antenna is abandoned it shall be removed within 30 days.

[m]

Satellite antennas may not be mounted on a portable or movable structure, such as a trailer.

[n]

To the extent permitted by law, no satellite antenna shall be located on or abutting any property which is located within the National or State Register of Historic Places.

[o]

No satellite antenna shall be erected on a public utility easement without the consent of the easement holder.

[p]

Screening. Ground-mounted antennas shall be screened as to minimize visibility from public streets and adjoining properties. Screening shall be accompanied by the installation of landscaping and/or fencing or in the form of a wall or structure enclosing the antenna. The species, quantity, size and spacing of plant materials shall be specified on the site plan.

Such satellite antennas, appurtenances, landscaping and fencing shall be kept and maintained in good condition.

(d)

Outdoor storage.

Outdoor storage of any kind is prohibited within the front yard.

The outdoor storage of any items, materials and equipment, other than those customarily placed in courtyards and yards, incidental to authorized residential use and occupancy, is prohibited in all residential zones.

No outdoor vertical stacking of vehicles shall be permitted.

Outdoor storage of garbage trucks in any zone is specifically prohibited.

No flammable or explosive liquids, solids or gases shall be stored above ground unless as otherwise required by applicable federal, state or local regulations. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.

All outdoor storage facilities shall be enclosed by a fence or wall not to exceed six feet in height adequate to conceal such facilities and the contents thereof from adjacent property and shall meet all required accessory building setbacks for the zone in which located. This provision shall not apply to outdoor storage of new cars or other vehicles on the premises of a dealer.

[7]

No materials or wastes shall be stored on any premises in such form or manner that they may be transferred off such premises by natural causes or forces such as wind or water.

[8]

All materials or wastes which might cause fumes or dust or which constitute a fire hazard, or which may be edible by or otherwise attractive to rodents or insects, shall be stored outdoors only in closed containers.

(e)

Decks, patios and terraces over three feet in height must meet the required yard setbacks for principal buildings.

(f)

Swimming pools.

No nonstorable pool and any related decking shall be closer than three feet to any side or rear lot line.

On any corner lot, no part of any private swimming pool shall be constructed within the front yard area required to be provided on either street.

Artificial lights used or maintained in connection with a private swimming pool shall be so located and shielded that the illumination therefrom is not directed upon any adjacent property.

No private swimming pool shall be used other than as an accessory use of the premises whereon it is located.

The fence requirement set forth in this section shall be complied with.

Any buildings or structures erected in conjunction with a swimming pool shall comply with the provisions on accessory structures.

(g)

Family day-care homes. Family day-care homes as defined in § 223-5 are permitted as accessory uses in all residential zones.

(h)

Automated teller machines (ATMs). Outdoor ATMs are permitted in association with on-site financial institutions, in accordance with the bulk and design standards of this chapter. Measures to enhance personal security at the ATM stations shall be provided. Other commercial uses shall be permitted to contain indoor ATMs that may operate during normal business hours and will be subject to the sign requirements of this chapter, where applicable.[2]

Editor's Note: See § 223-45, Signs.

(i)

Certain nonresidential accessory uses.

Vending machines. In the C-C, C-G, C-N, MU and UTOD Zone Districts, a nonresidential property is permitted to have no more than two outdoor vending machines in accordance with the following:

The machine(s) shall be appropriately located so as not to interfere with sight triangles, required setbacks, on-site circulation, landscaping and parking.

The machine(s) shall be accessory to an existing nonresidential use.

A zoning permit for outdoor vending machines shall be required. The permit shall be granted when it is determined by the Zoning Officer that the most appropriate location for the machine(s) has been achieved.

Used clothing bins. In the C-N Zone District, a nonresidential property is permitted to have up to two used clothing bins in accordance with the following:

The bin(s) shall be appropriately located so as not to interfere with sight triangles, and on-site circulation, required setbacks, on site, circulation, landscaping and parking.

The bin(s) shall be accessory to an existing nonresidential use.

A zoning permit for used clothing bins shall be required. The permit shall be granted when it is determined by the Zoning Officer that the most appropriate location for the bin(s) has been achieved.

Phone booths, mail and courier boxes and newspaper distribution boxes. These items may not be located in required sight triangles and should be located so as to not interfere with pedestrian or vehicular circulation and safety. These uses are recommended to be as aesthetically pleasing as possible and to incorporate a design theme where appropriate.

(j)

Permanent standby generators required in certain residential properties (new construction only).

[Added 12-15-2015]

PERMANENT STANDBY GENERATOR

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

COMMON AREA

A common undivided space intended for the use or enjoyment by all residents of the dwelling and their invitees, such as an elevator, hallway, lobby, or stairway.

Generators permanently connected to the property's electrical systems in order to provide backup power in the event of power outages to the residential structure. Once utility power is restored, the generator automatically transfers the electrical load back to the utilities, or is manually switched off and power is turned back to the utilities.

PORTABLE STANDBY GENERATOR

Generators not permanently connected to the property's electric systems, which use a self-contained fuel source and have wheels or are light enough to be carried.

Applicability and purpose.

This subsection is applicable on new construction only.

This subsection shall apply to the owner(s) of any residential property having:

[i]

Five or more stories; or

[ii]

Twenty or more residential units.

The owner(s) of residential property to whom this subsection is applicable shall be required to install a permanent standby generator to provide backup power, in the event of a power outage, to all common areas of the property, including smoke detectors, carbon monoxide detectors, and emergency lights located therein.

Fuel. All permanent standby generators shall operate only on natural gas.

Time of use. All permanent standby generators shall only be used during electrical power outages and as required by the manufacturer for maintenance purposes. Maintenance operation shall only take place during daylight hours between the hours of 10:00 a.m. and 5:00 p.m., not to exceed once a week.

Siting and placement requirements. All permanent standby generators must be located within the structure or on the rooftop of the structure in accordance with all applicable Code requirements.

Impact on neighboring properties.

All permanent standby generators shall be placed so as to minimize the visual impact on adjacent properties with the use of appropriate sound attenuating architectural materials and landscape screening such as shrubbery or fencing.

The noise level of any permanent standby generator, when in use, shall not create a nuisance as determined by the New Jersey State noise statutes and regulations.

[7]

Regulatory compliance.

The permanent standby generators shall be installed and operated in accordance with manufacturer's requirements as well as all building codes adopted by the State of New Jersey, whichever is more stringent.

[8]

Enforcement.

Any person, firm, corporation or other entity who shall violate any of the provisions of this subsection shall be punishable as provided in Chapter 1, General Provisions, Article IV, General Penalty, except that each violation therein shall be subject to a maximum fine of $500 and each day that such violation shall continue shall be deemed a separate offense. Fines are payable through the Municipal Court Violations Bureau.

Violation of any provision of this subsection shall be cause for a Municipal Court summons to be issued by the Police Department, Code Enforcement Official, and Health Officer.

Any person convicted of violating any provision of this subsection in a criminal case or found to be in violation of this subsection in a civil case brought by a law enforcement agency shall be ordered to reimburse the City and other participating law enforcement agencies their full investigative costs.

[d]

Any interested person may seek an injunction or other relief to prevent or remedy violations of this subsection. The prevailing party in such an action shall be entitled to recover reasonable costs and any attorney fees.

[e]

The remedies provided in this subsection are not exclusive, and nothing in this subsection shall preclude the use or application of any other remedies, penalties or procedures established by law.

Affordable housing. The City of Union City is committed to addressing its constitutional obligation to provide a fair share of affordable housing for moderate- and low-income households. It is the intent of this chapter to incorporate the applicable rules of the New Jersey Council on Affordable Housing or any other agency of the State of New Jersey that is responsible for administering affordable housing requirements.

§ 223-9 Certain permitted uses.

Amusement events. Notwithstanding any other provisions of this chapter, the following uses may be permitted only by the Board of Commissioners, subject to all applicable ordinances:

Temporary circuses, pony rides, animal acts, carnivals, bazaars, and educational sports, music or theatrical enterprises and displays when held out of doors in any zone, provided that the same are sponsored by a recreational, religious, charitable, social or services organization located within the City of Union City.

Cultural or athletic events which are part of a house of worship, community house or school, and which are held on the premises owned or leased by or otherwise under the control of the institution conducting or sponsoring said program.

Bingo, raffles or other legalized games of chance, when properly licensed in accordance with state and municipal requirements.

Apartments above the ground floor. Where apartments are permitted as a principal permitted use on upper floors only, the following requirements shall be met:

Each apartment shall have its own entrance to a hallway, staircase or to the exterior.

The ground floor entrance to the apartment unit or units shall be separated from the entrance to the ground floor use.

An applicant or developer shall provide credible evidence to the satisfaction of the approving authority that sufficient parking spaces are available and/or reserved in either public or private off-street parking lots for the overnight parking of vehicles of the prospective tenants of the apartment or apartments where off-street parking is required, except that for buildings located on Bergenline Avenue between 30th Street and 47th Street or on Summit Avenue between 5th Street and 18th Street, no parking shall be required for the first six dwelling units in a building.

(4)

A principal nonresidential use must be located on the ground floor of the building.

Child-care centers. Child-care centers as defined in § 223-5 are permitted uses in all nonresidential zones pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-66.6 and 40:55D-66.7. The floor area occupied in any building or structure as a child-care center shall be excluded in calculating 1) any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate, under state or local laws or regulations adopted thereunder; and 2) the permitted density allowable for that building or structure. New buildings shall comply with City parking standards.

Essential services. Public utility lines for the transportation, distribution and/or control of water, electricity, gas, oil, steam and telegraph and telephone communications, and their supporting members, other than buildings and structures, including pipes, shall not be required to be located on a lot, nor shall this chapter be interpreted to prohibit the use of a property in any zone for the above uses. For purposes of this provision, wireless telecommunications facilities shall not be deemed an essential service.

Outdoor dining on private property. It is the intent of this section to permit outdoor dining areas accessory to restaurant uses subject to site plan approval by the appropriate approving authority. Outdoor dining areas on private property shall comply with all applicable regulations of Chapter 185, Article IV, Outdoor Dining, as well as the following:

The area utilized for outdoor dining areas must be accessory in nature to a fully enclosed eating establishment.

Applicants proposing to establish outdoor dining areas shall submit to the approving authority a layout of the proposed seating areas, which shall include but not be limited to a depiction of the maximum size of the area, the maximum number and general layout of seats and tables, all aisles and routes of ingress and egress, clearances between tables and chairs, the location of all food preparation and serving areas, an illustration, rendering and/or photograph of all proposed furniture, umbrellas, awnings and signage and any other site detail the authority deems necessary in order to reach a decision for site plan approval. Tables and chairs shall be placed and maintained in an orderly fashion and shall not create a hazard. No picnic style tables are permitted.

No more than 25% of total on-site restaurant seating shall be provided outdoors. The actual maximum number of outdoor seats shall be decided by the approving authority during the site plan review process. This number shall be based on the total number of seats, the size of the property, the amount of on-site/available parking, the size of the outdoor area, and any other health and safety recommendations the authority or any agency of the City deems appropriate.

(4)

The seating contained in an outdoor dining shall be considered in determining the parking space requirement for a retail food establishment.

(5)

The outdoor dining and area must be directly accessible to the interior eating area. Areas that must be accessed via property not controlled by the applicant or property owner are not considered directly accessible.

(6)

All outdoor dining areas shall provide adequate aisle area for the unimpeded passage of handicapped individuals.

(7)

A six-foot fence and a minimum five-foot wide evergreen buffer shall be provided if the outdoor dining area is adjacent to a residential zone or property.

(8)

All service areas shall be inside the enclosed restaurant area. No food or dining shall be prepared in the outdoor dining area, and no food or condiments shall be stored outside. Food and drink served in outdoor dining areas shall be the same as that served in the restaurant.

(9)

All outdoor dining areas shall allow at least four feet of unobstructed access to building entrances and exits.

(10)

No outdoor dining area shall be located in front of any driveway, parking lot entrance, alley, or other vehicular thoroughfare nor impede adequate sight distance for motorists.

(11)

The applicant is responsible for keeping the area and the adjacent public and private areas free and clear of any debris or litter. Areas must be cleaned as needed and at the time the business is closed for the evening. Failure to keep outdoor dining areas clean shall constitute a fine in an amount not less than $100 per violation.

(12)

The applicant shall not direct or permit to be directed to or from the outdoor dining area any bell, siren, whistle, loudspeaker public address-system, or similar device. Outdoor music is permitted, provided that all noise audible from the outside shall be kept at such a level as to comply with all provisions of the City ordinances relating to noise.[1]