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East Newark City Zoning Code

§ 33-7

DEFINITIONS.

[Ord. 11/9/94; § 16-7]
Any word or term not defined herein shall be defined by the Unabridged Edition of the Random House Dictionary of the English Language. Moreover, whenever a term is used in the chapter which is defined in N.J.S.A. 40:55D-1 et seq., it shall be utilized unless specifically defined to the contrary in this chapter.
ACCESSORY APARTMENT
Shall mean a residential use located within a principal or accessory structure on the same lot that is clearly incidental and subordinate to the principal use of the structure it is located in.
ADMINISTRATIVE OFFICER
Shall mean the Administrative Officer who is appointed by the Borough Council.
ADVERSE EFFECT
Shall mean conditions or situations creating, imposing, aggravating or leading to impractical, unsafe, or unsatisfactory conditions on a subject property, or off-tract property such as, but not limited to: improper circulation and drainage, rights-of-way as defined in N.J.S.A. 40:55D-34, inadequate drainage facilities, insufficient street widths, unsuitable street grades, unsuitable street locations to accommodate prospective traffic or coordinate and compose a convenient system, inappropriate design features which are not compatible with the surrounding environment, locating and/or designing lots and structures in a manner not adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace, providing for lots of insufficient size and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this chapter.
ALTERATIONS OR ADDITIONS, STRUCTURAL
Shall mean any change in or addition to the supporting members of a building such as walls, columns, beams, girders, posts or piers.
ALTERNATIVE TREATMENT CENTER
Means an organization issued a permit pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.) to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant, as well as any alternative treatment center deemed pursuant to Section 7 of that act (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis cultivator permit, a medical cannabis manufacturer permit, and a medical cannabis dispensary permit.
[Added 7-14-2021 by Ord. No. 08-2021]
APPLICANT
Shall mean the landowner or the agent, optionee, contract purchaser or other person authorized to act for and acting for the landowner submitting an application under this chapter.
APPLICATION FOR DEVELOPMENT
Shall mean the application or appeal forms and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
BUFFER
Shall mean a strip of land containing natural woodlands, earth mounds or other planted screening materials and separating one kind of land use from another or separating a planned development from any other development.
BUILDING
Shall mean any structure or extension thereof or addition thereto having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property. "Building" shall include the words "structure," "dwelling" or "residence."
BUILDING COVERAGE
Shall mean the square footage or other area measurement by which all buildings occupy a lot as measured on a horizontal plane around the periphery of the facades and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outer most extremities of the roof above the columns.
BUILDING HEIGHT
Shall mean the vertical distance measured from the average ground level at the front of the building to the extreme high point of the building exclusive of chimneys and similar fixtures.
CANNABIS CONSUMPTION AREA
Means, as further described in Section 28 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-21), a designated location operated by a licensed cannabis retailer or permit holder for dispensing medical cannabis, for which both a state and local endorsement has been obtained, that is either: (1) an indoor, structurally enclosed area of the cannabis retailer or permit holder that is separate from the area in which retail sales of cannabis items or the dispensing of medical cannabis occurs; or (2) an exterior structure on the same premises as the cannabis retailer or permit holder, either separate from or connected to the cannabis retailer or permit holder, at which cannabis items or medical cannabis either obtained from the retailer or permit holder, or brought by a person to the consumption area, may be consumed.
[Added 7-14-2021 by Ord. No. 08-2021]
CANNABIS CULTIVATOR
Means any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 Cannabis Cultivator license.
[Added 7-14-2021 by Ord. No. 08-2021]
CANNABIS DELIVERY SERVICE
Means any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer. This person or entity shall hold a Class 6 Cannabis Delivery license.
[Added 7-14-2021 by Ord. No. 08-2021]
CANNABIS DISTRIBUTOR
Means any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 Cannabis Distributor license.
[Added 7-14-2021 by Ord. No. 08-2021]
CANNABIS MANUFACTURER
Means any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 Cannabis Manufacturer license.
[Added 7-14-2021 by Ord. No. 08-2021]
CANNABIS-ORIENTED BUSINESS
Means a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, a cannabis distributor, a cannabis retailer, or a cannabis delivery service.
[Added 7-14-2021 by Ord. No. 08-2021]
CANNABIS RETAILER
Means any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 Cannabis Retailer license.
[Added 7-14-2021 by Ord. No. 08-2021]
CANNABIS WHOLESALER
Means any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This person or entity shall hold a Class 3 Cannabis Wholesaler license.
[Added 7-14-2021 by Ord. No. 08-2021]
CARTWAY
Shall mean the hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the edges of the paved or graded width.
COMPLETE APPLICATION
Shall mean an application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless:
a. 
The application lacks information indicated on the checklist adopted by this chapter and provided to the applicant; and
b. 
The municipal agency or its authorized committee or designee has notified the applicant in writing of the deficiencies in the application within 45 days of submission of the application.
The applicant must request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicants obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Borough.
CONDITIONAL USE
Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use and upon the issuance of an authorization therefor by the Planning Board.
DEMOLITION
Shall mean the razing of any improvement, or the obliteration of any natural feature of a designated landmark.
DENSITY
Shall mean the permitted number of dwelling units per gross area of land to be developed.
DEVELOPMENT
Shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, and any use or change in use of any building or other structure or land or extension of use of land, for which permission may be required.
DRAINAGE AND UTILITY RIGHT-OF-WAY
Shall mean the lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
DWELLING UNIT
Shall mean a room or series of connected rooms designed for permanent residency containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling unit shall be self-contained and shall not require passing through another dwelling unit or other indirect route to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit:
a. 
DETACHED SINGLE-FAMILYShall mean a building physically detached from other buildings or portions of building which is occupied or intended to be occupied for residence purposes by one housekeeping unit and which has its own sleeping, sanitary and general living facilities. A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.
b. 
MULTIFAMILYShall mean units that share common vertical and horizontal separations.
c. 
TWO-FAMILYShall mean a building containing two dwelling units only, each having separate entrances, intended for residential occupancy by two housekeeping units, each living independently of each other and each with its own sleeping, cooking and sanitary facilities. The dwelling units shall be entirely separated from one another by vertical walls or horizontal floors, unpierced except for access to outside or to a common basement.
EASEMENT
Shall mean a use or burden imposed on real estate by deed or other legal means to control the use of land by the public, a corporation, or particular persons for specific uses.
FLOODPLAIN
Shall mean the relatively flat area adjoining a water channel which has been or may be covered by flood water of the channel, including the following components:
a. 
FLOODWAYShall mean the river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than one foot.
b. 
FLOOD HAZARD AREAShall mean land in the floodplain subject to a 0.2% or greater chance of flood in any given year.
c. 
FLOOD FRINGE AREAShall mean the portion of the flood hazard area outside of the floodway.
FLOOR AREA RATIO (FAR)
Shall mean the gross floor area of all buildings on a lot divided by the lot area.
GROSS FLOOR AREA
Shall mean the area measured by using the outside dimension of the building, excluding the area of a garage, attic, open porch or patio. Only those floor areas which have a ceiling height as prescribed by the Borough building code for residential uses and those floor areas either having a ceiling height of eight feet or more or used for storage space in nonresidential uses shall be included in the gross floor area.
HOTEL
Shall mean a building which contains furnished living units for its occupants which has entrances from inside the building and in which no living unit contains more than two rooms, exclusive of bathroom, foyer, closet or dressing area, terraces or balconies and providing, among other things, such services and features such as, central dining rooms, lounges, public assembly areas.
HOUSEKEEPING UNIT
Shall mean one or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
IMPERVIOUS SURFACE
Shall mean any ground cover which reduces the rate of absorption of stormwater into undeveloped land. Retention and detention basins and drywells allowing water to percolate directly into the ground shall not be considered as impervious surfaces.
LAND
Shall mean any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water, within the municipality. Such term shall also include improvements and fixtures on, above or below the surface.
LAND DISTURBANCE
Shall mean any activity involving the clearing, grading, transporting of land and any other activity which causes land to be exposed to danger of erosion.
LOT
Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT CORNER
Shall mean any lot which occupies the interior angle of the intersection of two street lines which make an angle of less than 135° with each other, the owner, of a corner lot having the privilege of specifying which street line and being required, when requesting a building permit, to so specify.
LOT DEPTH
Shall mean the shortest horizontal distance between the front lot lien and a line drawn parallel to the front lot line through the midpoint of the rear lot line.
LOT WIDTH OF
Shall mean the distance between the property side lines, measured at the setback line as herein or otherwise established.
MUNICIPAL AGENCY
Shall mean the Planning Board, Board of Adjustment, or Borough Council, or any agency created by or responsible to one or more municipalities, when acting pursuant to N.J.S.A. 40:55D-1 et seq.
NONCONFORMING USE
Shall mean a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
OFF-SITE
Shall mean located outside the lot lines of the lot in question but within the property, of which the lot is a part, which is the subject of a development application if contiguous portion of a street or right-of-way.
OFF-TRACT
Shall mean not located on the property which is the subject if a development application or on a contiguous portion of a street or right-of-way.
ON-SITE
Shall mean located on the lot in question.
ON-TRACT
Shall mean located on the property which is the subject of a development or on a contiguous portion of a street or right-of-way.
OWNER
Shall mean any person in legal possession of the fee simple title to a parcel of land or having such other interest or estate therein as will permit exercise of effective rights of ownership, possession thereof or dominion thereover.
PERFORMANCE GUARANTEE
Shall mean any security in accordance with the requirements of this chapter which may be accepted in lieu of a requirement that certain improvements be made including performance bonds, escrow agreements, and other similar collateral or surety agreements.
PERMITTED USE
Shall mean any use of land or buildings as permitted by this chapter.
PLAT
Shall mean the map of a subdivision or site plan and used interchangeably in this chapter with "plan."
a. 
SKETCH PLATShall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter.
b. 
PRELIMINARY PLATShall mean the preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board for Planning Board consideration and preliminary approval and meeting the requirements of this chapter.
c. 
FINAL PLATShall mean the final map of all or a portion of the subdivision or site plan which is presented to the Planning Board for final approval in accordance with these requirements.
PRINCIPAL BUILDING
Shall mean the building in which is conducted the principal use of the lot on which it is located. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.
PUBLIC GARAGE
Shall mean a garage conducted as a business. The rental of storage space for one commercial vehicle or for more than two pleasure vehicles not owned by a person or persons residing on the premises shall be deemed a business use.
SETBACK
Shall mean the distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.
SITE
Shall mean any plot or parcel of land or combination of contiguous lots or parcels of land. A site can be vacant or developed.
SOIL
Shall mean any earth, sand, clay, loam, gravel, humus, rock or dirt, and includes both surface (or top) soil and subsoil.
STORY
Shall mean that portion of a building included between the surface of any aboveground floor and the surface of the floor next above. A "half story" is the area under a pitched roof at the top of a building, the floor of which is not more than two feet below the plate.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way which is an existing State, County, or municipal roadway, is shown upon a plat heretofore approved pursuant to law, is approved by N.J.S.A. 40:55D-1 et seq., or is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats. Streets shall include the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street line.
STREET LINE
Shall mean the edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.
STRUCTURE
Shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
SUBDIVISION
Shall mean the division of a lot, tract, or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:
a. 
Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size;
b. 
Divisions of property by testamentary or intestate provisions;
c. 
Divisions of property upon court order including, but not limited to judgments of foreclosure;
d. 
Consolidation of existing lots by deed or other recorded instruments; and
e. 
The conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of the municipal development regulation and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "re-subdivision."
SUBDIVISION, MAJOR
Shall mean any division of land not classified as a minor subdivision.
SUBDIVISION, MINOR
Shall mean any division of land containing an aggregate of not more than three lots (two lots and the remaining parcel), each fronting on an existing street or streets; not involving a planned development or any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42 and Section 33-8 of this chapter or the extension of Township facilities; and not in conflict with any provision of the Master Plan, Official Map, or this chapter, not being a further division of an original tract of land for which previous minor subdivision(s) have been approved by a municipal agency within the past five years and where the combination of the proposed and approved minor subdivision(s) constitutes a major subdivision; and not being deficient in those details and specifications required of minor subdivisions as specified in this chapter. The original tract of land shall be considered any tract in existence at the time of the adoption of the ordinance of which this is a revision as shown on the Borough tax maps. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision.
YARD, FRONT
Shall mean an open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines. The minimum required front yard shall be the same as the required setback.
YARD, REAR
Shall mean an open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines. The minimum required rear yard shall be the same as the required setback.
YARD, SIDE
Shall mean an open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight side line or the tangent lines of curved side lot lines.