Any existing or proposed county road shown on the adopted County Master Plan or Official Map, which adjoins or lies within a lot or parcel of land submitted for subdivision or site plan approval.

A building detached from and subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building. (See Accessory Structure and Accessory Use.)

A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use. (See also Accessory Building and Accessory Use)

A use of land or of a building or structure or portion thereof customarily incidental and subordinate to the principal use of the land, building or structure and located on the same lot as the principal use. (See also Accessory Building and Accessory Structure.)

The absence of drainage facilities, drainage easements or drainage rights-of-way leading to, along or through a street, road, drainage structure or property, either within or exterior to a proposed subdivision or site plan, of such location, size, design, construction or condition which would provide adequately for storm drainage or which would prevent flooding, erosion, silting or other damaging effect to a street, road, drainage structure or property or which would remove the threat of such damage.

Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress or egress, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. Normal repairs and maintenance shall not be considered as alterations.

A place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to short-term boarding and shall be incidental to such hospital use.

Any building, structure or premises in which animals are kept, boarded, bred or trained for commercial gain.

A plan which has been granted final approval of the Planning Board or Board of Adjustment of the City of Linden.

A designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM), with base flood depths from one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident.

The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area is also called the "floodplain" or "flood-prone area."

An establishment wherein persons skilled in the fine arts such as drawing, painting or sculpture, or persons with special skills or trade in the manual arts, such as pottery, glass blowing and jewelry-making, work or carry out light manufacturing or repairs.

Activities and uses such as those that involve the assembly and sale of pre-manufactured components, telemarketing, personal storage facilities, and other similar commercial activities which have minimum environmental impact, are largely conducted within entirely enclosed structures.

Residences for the frail elderly that provide rooms, meals, personal care and the supervision of self-administered medication, and may in addition provide recreational activities, financial services and transportation for the residents.

A dwelling unit, located on its own lot, that shares one or more common or abutting walls with one or more dwelling units. The common or abutting wall must be shared for at least 75 percent of the length of the side of the building. The shared or abutting walls may be any wall of the buildings, including the walls of attached garages. An attached house does not share common floor/ceilings with other dwelling units. An attached house is also commonly referred to as a rowhouse or a common-wall house.

The space between the ceiling beams of the top story and the roof rafters.

An attic having, within its space, possible floor area with headroom of five feet or greater over sixty (60) percent or more of the story directly beneath.

Buildings arranged or designed to be used for the retail sale of oil, gasoline or other fuel for the propulsion or lubrication of motor vehicles, and which may include facilities for changing tires, tube repairing, polishing, greasing, washing or minor automotive repairs, but excluding so called high speed automotive washing, steam cleaning or work involving open flare or spark-emitting devices.

An open area, other than a street, which is used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.

Buildings arranged or designed to be used for any repairs, customizing, painting or reconstruction of automobiles, trucks and motorcycles, including minor and major automotive repairs.

Facilities primarily engaged with the landing and takeoff of flying vehicles, including loading and unloading areas, which also includes terminals for aircraft.

A roof-like cover that projects from a wall of a building for the purpose of shielding a doorway or window from the elements.

A flexible substrate on which copy or graphics may be displayed.

An establishment that provides food prepared and served in a formal setting for special occasions such as weddings, bar/bat mitzvahs, family reunions, corporate award ceremonies, charitable benefits and other special events.

The flood having a one-percent chance of being equaled or exceeded in any given year.

The highest elevation, expressed in feet above sea level, of the level of floodwaters occurring in the regulatory base flood.

A story of any building having more than half its cubic volume above the average grade of the adjoining ground.

A building that contains a minimum of two units utilized for lodging and a morning meal for transient guests in exchange for compensation.

Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than those on a building or its grounds giving the name and occupation of the user of the premises, the nature of the business conducted thereon, or the products primarily sold or manufactured thereon.

An establishment licensed by the New Jersey State Department of Health to operate as a "boarding home for sheltered care."

A dwelling which contains sleeping accommodations for more than two but not more than eight persons who are not members of a family as defined in this chapter. The term "rooming house" shall be deemed to include lodging house and boardinghouse, but not hotel or any accommodations for transient occupancy.

An area of land in which no building, parking area, material storage or other improvement, other than a private driveway, shall be permitted.

A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

A publicly owned or operated building for civic, social, educational, cultural or recreational activities of a neighborhood or community.

The total of areas of outside dimensions on a horizontal plane at ground level of the principal buildings and all accessory buildings.

One (1) or more above ground structures each having a water volume capacity of five hundred fifty (550) or more gallons except that water storage tanks shall not be included herein.

Any room, place, space or premises operated as a commercial establishment in which eating and/or drinking may take place and in which there is also provided entertainment. Such entertainment may include music by a live musician or musicians, or any mechanical, electronic or other means, such as records, laser discs, audio or videotapes or other audio or audiovisual means; this does include the operation of a motion-picture theater. Also included as entertainment are any act, play, burlesque show, revue, pantomime, scene, dance act or song-and-dance act participated in by one (1) or more employees, guests, customers or any other person or persons. For the purpose of this definition, background piped-in music shall not be deemed as a form of entertainment.

A governmental construction project or acquisition of equipment or real property.

An establishment primarily engaged in the factory authorized retail sale of new cars; permitted accessory uses are the maintenance of a service and repair shop, the retail sale of used cars, car parts and accessories and the sale of used, new and unused light vehicles other than cars.

An establishment solely engaged in the sale of used cars.

A roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.

A story of any building having more than half its cubic volume below the average grade of the adjoining ground.

The certificate issued by the Building and Zoning Officer which permits the use of a building in accordance with the approved plans and specifications.

A signed, written statement by the appropriate officer that specific constructions, inspections, tests or notices, where required, have been performed and that such comply with this chapter.

A change from any use listed in subsection 29-5.9 of this chapter to any other use, or from any use not listed to any other use.

A watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.

An establishment primarily engaged in the business of cashing of checks for individuals and not offering the full range of financial services normally associated with a bank.

The City of Linden.

A place where patients are studied or treated by physicians licensed in medicine specializing in various ailments and practicing as a group.

A group of commercial or industrial establishments planned, developed and managed as a unit in a building or buildings and utilizing such common facilities as customer parking areas, pedestrian walks, truck loading and unloading space and utilities and sanitary facilities.

Any such currently registered and operational motor vehicle containing advertising, signs, lettering, names or addresses, other than trademarks and labels of manufacturer and dealer, but not including any omnibus, school bus or school vehicle as defined by Title 39 of the New Jersey Revised Statutes.

Ownership of two or more contiguous parcels of real property by one person or by two or more persons owning such property jointly.

An application form completed as specified by Chapter 29 and the rules and regulations of the Boards and all accompanying documents required for approval of the application for development.

A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.

Establishments that sell a range of everyday items such as groceries, prepared food for off-site consumption, toiletries, alcoholic and soft drinks, tobacco products, newspapers and may offer money order and wire transfer services.

A composite of the plan elements for the physical development of Union County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.

The Union County Planning Board.

Any open, unoccupied area which is bounded by three or more building walls.

An open area, unobstructed from the ground to the sky, which is bounded on more than three sides by the exterior walls of one or more buildings.

An open space unobstructed from the ground to the sky which is bounded on not more than three sides by the exterior walls of one or more buildings.

The ratio of the horizontal area measured from the exterior surface of the exterior walls of all principal and accessory buildings on a lot to the total lot area. This includes cantilevers and similar projections as well as any underground development.

The turnaround at the end of a dead-end street.

A structure with a clear span of 20 feet or less under a driveway, road, railroad or pedestrian walk, not incorporated in a closed system.

Portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface or excavated surface.

A space dedicated to the processing of data in servers and/or associated computer equipment which is not intended, designed or used for human occupancy due to computer operations, HVAC limitations, fire suppression system requirements and/or other physical or system constraints.

A space containing computers, computer equipment, data processing equipment and/or related equipment which is intended, designed and used for human occupancy.

Calendar days.

A street or portion of a street which is accessible by a single means of ingress or egress.

A dedication of land for construction, reconstruction, widening, repairing, maintaining or improving a street, public or private, and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of said street, including but not limited to curbing, pedestrian walkways, drainage facilities, traffic control devices and utilities in or along road rights-of-way.

The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

Establishments primarily engaged in providing food services (except snack and nonalcoholic beverage bars) where patrons generally order or select items and pay before eating. Food and drink may be consumed on premises, taken out, or delivered to the customer's location. Some establishments in this industry may provide these food services in combination with selling alcoholic beverages.

A dedication of land for construction, reconstruction, widening, repairing, maintaining or improving a street, public or private, and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of said street, including but not limited to curbing, pedestrian walkways, drainage facilities, traffic control devices and utilities in or along road rights-of-way.

The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

Includes the warehousing and distribution of goods, provided that up to 10% of the gross floor area of any "distribution center" may be used for executive or administrative office uses ancillary to the warehouse distribution uses. Warehousing in "office distribution centers" shall not include the storage of fuels, hazardous materials, hazardous waste, highly flammable liquids or gases or petrochemical products. All warehousing and storage of goods shall be conducted entirely within enclosed structures and buildings. "Distribution centers" shall not include mini warehouses or similar uses or truck depots or similar uses.

An area of land in which certain zoning regulations and requirements are established by this chapter.

The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development and the means necessary for water supply preservation or prevention or alleviation of flooding.

A one-family dwelling attached to two or more one-family dwellings by common vertical walls.

A dwelling which is not attached to any other dwelling.

A detached building containing one (1) dwelling unit designed for or occupied by one (1) family.

A detached building containing two (2) dwelling units.

A building containing three (3) or more dwelling units.

A building containing five (5) or more dwelling units and further, apartment buildings shall be classified one from another as follows:

A building or portion thereof consisting of one (1) or more rooms having cooking facilities, sleeping space and bathroom all designed and arranged as living quarters for one (1) family only. For purposes of this chapter the term "apartment" shall be synonymous with the term "dwelling unit."

An electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location. Also known as an EMC. EMCs typically use light emitting diodes (LEDs) as a lighting source. (See also following terms principally associated with Electronic Message Centers: Display Time, Dissolve, Dynamic Frame Effect, Fade, Frame, Frame Effect, Scroll, Transition, Travel)

The amount of time a message and/or graphic is displayed on an Electronic Message Sign.

A mode of message transition on an Electronic Message Sign accomplished by varying the light intensity or pattern, in which the first message gradually appears to dissipate and lose legibility with the gradual appearance and legibility of the second message.

An Electronic Message Sign frame effect in which the illusion of motion and/or animation is used.

A mode of message transition on an Electronic Message Sign accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.

A complete, static display screen on an Electronic Message Sign.

A visual effect on an Electronic Message Sign applied to a single frame. See also Dynamic Frame Effect.

A mode of message transition on an Electronic Message Sign in which the message appears to move vertically across the display surface.

A visual effect used on an Electronic Message Sign to change from one message to another.

A mode of message transition on an Electronic Message Sign in which the message appears to move horizontally across the display surface.

A non-basement building built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor, or, in the case of a building in a coastal high-hazard area, to have the bottom of the lowest horizontal structural member of the elevated building or structure above the ground level by means of piling, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood.

Any room used for testing, inspecting, investigation or treatment of a patient as opposed to a waiting room, counseling room or offices and where special medical or dental equipment may be installed to assist in the examination or treatment.

The vertical location of the ground surface prior to excavating or filling.

One or more persons related by blood, marriage or adoption and foster children placed by the New Jersey Board of Child Welfare or a duly incorporated childcare agency, living together as a single housekeeping unit, and not more than two roomers or boarders; or a group of persons, not necessarily related by blood or marriage, living together as a bona fide, single nonprofit housekeeping unit.

A private residence which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.) and is further defined as a private residence in which childcare services are provided for a fee and not less than three and no more than five children at one time for no less than 15 hours per week; except that the division shall not exclude a family day-care home with less than three children from voluntary registration.

Establishments primarily engaged in offering instruction in the arts, including dance, art, drama, and music.

The susceptibility of a specific land use at a particular location to damage by flooding and the potential of the specific land use to increase off-site flooding or flood-related damages.

A general and temporary condition of partial or complete inundation of normally dry land areas from:

That portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood, plus 25% of the regulatory base flood discharge.

The floodplain, consisting of the floodway and the flood fringe area.

The highest elevation, expressed in feet above sea level, of the level of floodwaters which delineates the flood fringe area.

The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

The official report in which the Federal Insurance Administration has provided flood profiles, the Flood Boundary and Floodway Map and the water surface elevations of the base flood.

The same as the "flood hazard area," and shall include Zones A-1 through A-30 on the Flood Insurance Rate Map.

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

The ratio of the gross floor area of all buildings on a lot to the lot area.

Particles of gas borne matter, not including process material, arising from the combustion of solid fuel such as coal or wood.

Establishments primarily engaged in retailing original and limited edition art works.

A detached accessory building or portion of a principal building used for the parking or temporary storage of automobiles of the occupants of the principal building to which the garage is accessory.

A place where gasoline or other motor fuels are sold to the public and delivered directly into motor vehicles and which may also provide for the maintenance and service of motor vehicles or the sale and installation of motor vehicle equipment and accessories.

The City Council of the City of Linden.

Any department, commission, independent agency or instrumentality of the United States and of the State of New Jersey and of any country, city, City, village, authority, district or other governmental unit.

The final grade or elevation of the ground surface conforming to the proposed design.

Shall be defined as follows:

Any stripping, culling, filling, stockpiling or any combination thereof, including the land in its cut or filled condition.

Shall be measured by using the outside dimensions of the building, excluding the area of an attached garage and further excluding the area used as a basement. Only those floor areas which have a ceiling height of seven (7) feet or more shall be eligible for inclusion in the gross floor area.

Includes but is not limited to inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts; lead, nickel and mercury and their inorganic salts or metallo-organic derivatives; and coal tar acids, such as phenols and cresols and their salts.

Those wastes that can cause or help to cause illness or death or that, in the absence of proper management, represent a significant threat to either human health or the environment based upon the criteria of ignitability, corrosivity, reactivity and toxicity as established by the United States Environmental Protection Agency (EPA), pursuant to the provision of the Resource Conservation and Recovery Act of 1976.

A facility which provides a full range of medical preventative, diagnostic, treatment and surgical services, excluding drug rehabilitation services, by a group of physicians to persons who come to the facility to receive medical services and depart from the facility on the same day, which may also include ancillary lab testing, pharmaceutical, food service and other support services.

The vertical distance from the grade plane to the highest point of the roof surface of a building.

Liquids or gases having a flash point of 100º F (37º C) or less or auto ignition temperatures of 1,040º F (560º C) or less.

Any building, structure, area or property that has been designated to be significant in the history, architecture, archeology or culture of this state, its communities or the nation pursuant to the New Jersey Municipal Land Use Law.

An activity carried out for gain by a resident, conducted entirely within a dwelling unit, which is clearly incidental and secondary to the use of the lot for residential purposes. The term shall not include businesses or occupations such as the operation of a beauty parlor, barber shop, automobile repair servicing or body shop, convalescent or nursing home, insurance or real estate agency, boarding house, kennel or stable, massage parlor, dancing instructions, band instrument instructions in group, day care centers or nurseries, drug counseling centers, antique shops, restaurants, tea rooms, tourist homes, real estate offices, insurance offices, mortuary establishments, stores, trades or similar establishments offering services to the general public and veterinary hospitals.

An institution providing primary health services and medical or surgical care to persons suffering from illness, disease, injury and other physical or mental conditions and including as an integral part of the institution related facilities such as laboratories, outpatient facilities, training facilities, medical facilities and staff residences.

A building which contains six (6) or more hotel units which are designated and intended to be used, let or hired out for compensation for transient occupancy to the general public by reservation or walk-up without reservation, but in any case without lease, for occupancy in periods of not less than one (1) night and not more than 20 continuous nights; except that resident management shall not be subject to the occupancy limitation; and

Lodging units located within a hotel which are designed, designated and intended to be used, let or hired out for compensation for transient occupancy to the general public by reservation or walk-up without reservation, but in any case without lease, for occupancy in periods of not less than one (1) night and not more than 20 continuous nights; except that resident management shall not be subject to the occupancy limitation. Each hotel unit shall contain, at a minimum, one (1) bedroom and one (1) separate bathroom, which shall be internal to the hotel unit; and

A family living together in a single dwelling unit with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.

That percentage of a lot that is improved or is proposed to be improved with buildings and structures, covered by surfaces that have been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, including but not limited to driveways, parking lots, pedestrian walkways, signs, and other man-made improvements on the ground surface which are more impervious than the natural surface. For purposes of this definition, the area of water within a pool and gravel landscaping, shall be exempt from the impervious coverage calculation. Notwithstanding anything to the contrary above, stormwater detention basins (with or without liners) and artificial turf athletic fields shall not be considered to be impervious coverage.

Any material which generally reduces or prevents absorption of stormwater into previously undeveloped land. Retention and detention basins and drywells allowing water to percolate directly into the ground shall not be considered as "impervious surfaces."

Establishments that are primarily engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses typically perform services off-site. Few customers, especially the general public, come to the site. Examples of Industrial Service Uses include but are not limited too: welding shops; machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; sales, repair, storage, salvage or wrecking of heavy machinery, metal, and building materials; auto and truck salvage and wrecking; heavy truck servicing and repair; tire retreading or recapping; building, heating, plumbing or electrical contractors; trade schools where industrial vehicles and equipment, including heavy trucks, are operated; printing, publishing and lithography; exterminators; recycling operations; janitorial and building maintenance services; fuel oil distributors; solid fuel yards; research and development laboratories; dry-docks and the repair or dismantling of ships and barges; laundry, dry-cleaning, and carpet cleaning plants; and photofinishing laboratories.

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or under any other law of this State or of the United States or has been denied, violated or infringed by an action or a failure to act under this chapter.

Any scrap, waste, reclaimable material and debris, whether or not stored or used in conjunction with the dismantling, processing, salvage, storage, baling, disposal or other use or disposition. "Junk" may include, for purposes of illustration: vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, plaster, household appliances, wood, lumber, brush and building materials.

Any area, lot, parcel, building or structure used for the storage, sale, processing, abandonment or storage of junk.

Limited to laboratories engaged in scientific investigation, testing or the production of factual information for industrial, commercial or institutional clients. No tangible or physical product for general marketing shall be directly produced therein, and no operation shall be conducted which would generate hazardous waste or by-products.

Any activity involving the clearing, cutting, excavating, filling, grading and any other activity which causes land to be exposed to the danger of erosion.

A designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit.

The total area within the property lines of a lot.

A lot on the junction of and abutting on two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty-five (135°) degrees.

A lot line or portion thereof which is coexistent with the street right-of-way line. In the case of residential corner lots, the smaller of the two (2) lines coexistent with the street line shall be the frontage. In the case of nonresidential corner lots, the frontage and front yard shall be determined in accordance with the definitions of Yard, Front and Yard, Street Side. In the case of lots fronting on a cul-de-sac or dead-end street, the lot frontage shall be measured along the front setback line, but in no case shall the length of the lot line coexistent with the street be less than two-thirds (2/3) of the required lot width or less than twenty-five (25) feet, whichever the greater.

The minimum horizontal distance between the front and rear lot lines measured from the midpoint of the front lot line to the midpoint of the rear lot line.

A lot other than a corner lot.

The legal boundaries of a lot as determined on the tax maps or in the records of the County of Union.

The distance between the side lot lines measured at the front setback line.

The lot line opposite and most distant from the front lot line or the point at which the two side lot lines meet in the case of a triangular lot.

Any lot line other than a front or rear lot line.

An interior lot which extends from one street to another.

Any security, other than cash, which may be accepted by the City for the maintenance of any improvements required by this chapter.

Shall mean and include, but are not limited to, any repairs not set forth in the definition of minor automotive repairs.

Shall mean and include, but are not limited to, (1) flats, (2) replacing hoses or belts, (3) repair and replacement of mufflers, radiators and brakes, (4) replacement of lights, bulbs, windshield wipers, (5) washing and polishing, (6) tune-ups and (7) the dispensing of motor fuels into vehicles and all such work which is similar to those enumerated above.

A site plan not classified as a minor site plan.

A campus which is devoted to a medical institution such as a hospital or medical center.

A small patch antenna which is generally surface-mounted to a building facade.

A development plan for which no variance is required; the size of the existing building is not increased by more than 25% or 1,500 square feet, whichever is the lesser; the plan does not increase the number of off-street parking spaces by more than 10% of existing or more than five spaces in number, whichever is the lesser; the plan does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42. The plan shall contain the information reasonably required in order to make an informed determination.

A building which contains six (6) or more lodging units which are designed designated and intended to be used, let or hired out for compensation for transient occupancy to the general public by reservation or walk-up without reservation, but in any case without lease, for occupancy in periods of not less than one (1) night and not more than 20 continuous nights; except that resident management shall not be subject to the occupancy limitation. Motels shall maintain the characteristics of a hotel as defined herein except that motels need not:

Lodging units located within a motel which are designed, designated and intended to be used, let or hired out for compensation for transient occupancy to the general public by reservation or walk-up without reservation, but in any case without lease, for occupancy in periods of not less than one (1) night and not more than 20 continuous nights; except that resident management shall not be subject to the occupancy limitation. Motels units shall maintain the characteristics of a hotel unit as defined herein except that motel units shall not consist of less than 350 sf of net habitable floor area.

The ground surface in its original state before any grading, excavation or filling.

Structures for which the start of construction commenced on or after the effective date of this chapter.

A lot of record which does not have the minimum frontage or contain the minimum area or both for the zone in which it is located.

A structure or sign, the design, location or size of which does not conform to the regulations of this chapter for the district in which it is located.

A building, structure or premises legally existing and which does not conform to the use regulations of the district in which it is located.

An offensive, annoying, unpleasant or obnoxious thing or practice. A cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another's rights, including the actual or potential emanation of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things such as but not limited to: noise, dust, smoke, odor, glare, vibration, heat, electronic or atomic radiation, objectionable effluent, and traffic.

Health care services provided by a licensed skilled nursing facility.

A building or portion thereof in which the facility is licensed by the State of New Jersey and the primary use is intermediate care or nursing care.

Includes but is not limited to any structure, fill, excavation, channel modification, rock, gravel, refuse or matter in, along, across or projecting into any channel, watercourse or flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to pose a danger to life or property.

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such area may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

An open space area conveyed or otherwise dedicated to the City or a City agency, Board of Education, state or county agency or other public body for recreational and conservational uses.

Any open area, including parking spaces, driveways and access aisles or other public ways, used for the temporary storage of automobiles and other permitted vehicles for the private use of the owners or occupants of the lot on which the area is located.

Any open area, including parking spaces, driveways and access aisles, other than a street or other public way, used for the temporary storage of automobiles and other permitted vehicles and available to the public, with or without compensation or as an accommodation for clients, customers and employees.

A horizontal area located at existing grade and used for other than vehicular purposes, which is without roof or walls and surfaced with wood, macadam, masonry, stone, brick, block or other such material.

A roofed enclosure up to 12 feet in height on top of a building and occupying not more than 20% of the main roof area.

Any security which may be accepted by the City, provided that 10% of the total performance guaranty shall be in cash.

The maximum emission level that a nuisance element is permitted under this chapter.

A certificate issued to perform work under this chapter.

Any use which shall be allowed, subject to the provisions of this chapter.

Any person to whom a permit is issued in accordance with this chapter.

A deck, patio or terrace with a permanent roof.

A building with enclosed parking as the primary principal use and with other principal uses restricted to liner commercial uses along the ground floor frontage or in other areas of the building as may be permitted by this chapter.

A use which is not permitted in a zone district.

Existing or proposed public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and schools and other public buildings and structures.

Recreation facilities operated as a business and open to the general public for a fee and where no alcoholic beverages are served and no live entertainment is conducted.

Recreation facilities operated as a nonprofit enterprise by the City of Linden, any other governmental entity or any nonprofit organization and open to the general public.

The term "religious exercise" includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.

The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.

Any establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, playfield or park, operated solely by the agency or group operating the recreational facility, and for the sole convenience of patrons of the facility, shall not be deemed to be a restaurant.

A restaurant at which any food or refreshments are customarily served to or consumed by any patrons while seated in automobiles, regardless of whether or not, in addition thereto, seats or other accommodations are provided for patrons.

An establishment designed for over-the-counter service which serves primarily a limited, standardized menu of quickly prepared or pre-prepared foods such as hamburgers, fried chicken, fried fish, etc., packaged in paper or other types of disposable wrappers and containers for immediate service to patrons primarily for immediate consumption whether or not interior seating facilities are provided.

Establishments engaged in the selling or rental of new merchandise (usually to the general public for personal use or household consumption, although they may also serve business and institutional clients) and in rendering services incidental to the sale of such goods. Retail sales establishments include galleries for the display and sale of art but do not include studios, schools, commercial schools or vehicle or boat sales, rental, leasing or service.

Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel, including, but not limited to, laundry, linen supply, diaper service, beauty and barber shops, shoe repair and nail salons. A personal service establishment may have accessory retail sales, but shall not be primarily engaged in retail sales. Funeral home services shall not be considered personal services.

The land and space required on the surface, subsurface and overhead for the construction and installation of materials necessary to provide passageway for vehicular traffic, pedestrians, utility lines, poles, conduits and mains, signs, hydrants, trees and shrubbery, and the proper amount of light and air established by local authorities.

An unenclosed area on a roof which is protected by a parapet wall or railing and which is designed for the use and enjoyment of the occupants of the building or a portion thereof.

An unenclosed area on a roof which is planted with vegetation that requires periodic watering and maintenance of the living material. A roof garden shall not be considered a green roof for the purposes of this chapter.

A structure containing one (1) or more rooming units and wherein occupants are furnished shelter by the owner or his agent.

One (1) or more rooms comprising a living unit for one (1) or more persons wherein no kitchen facilities are provided.

A facility containing separate, individual and private storage spaces available for lease or rent for varying periods of time.

A line drawn at a distance from a street, side and rear property line equal to the required respective front, side and rear yard depths.

A structure or area used for eating and drinking that is located within a public right-of-way and that is attached and accessory to a restaurant or bar on private property and conforms to all applicable City regulations and approvals.

A triangular-shaped portion of land established at intersections in accordance with the requirements of this chapter in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to limit or obstruct sight distance.

A name, identification, description, display or illustration which is affixed to or represented directly or indirectly upon a building, structure or piece of land, directing attention to a product, business, service or individual. However, a sign shall not include a display of official court or public notices or any official traffic control device and shall not include the flag, emblem or insignia of a nation, state, county, municipality or religious group. A sign shall not include a sign located completely within an enclosed building except if it is visible and directed to be seen from outside the building. Each display surface of the sign shall be considered to be a single sign, except that where two such surfaces of a sign are physically attached, parallel and separated by less than 12 inches, the two surfaces shall be considered a single sign.

Any outdoor or indoor device, structure or display of any writing, printing, picture or drawing intended to invite or draw the attention of the public to any goods, service, activity or location.

A sign that no longer identifies or advertises an ongoing business, product, location, service, idea, or activity conducted on the premises on which the sign is located. Whether a sign has been abandoned or not shall be determined by the intent of the owner of the sign and shall be governed by applicable State Case Law and Statutory Law on abandoned structures.

A change in the size or shape of an existing sign. Copy or color change of an existing sign is not an alteration. Changing or replacing a sign face or panel is not an alteration. A change in the size or shape of an existing sign copy or color change of an existing sign is not an alteration. Changing or replacing a sign face or panel is not an alteration.

A sign employing actual motion, the illusion of motion, or light and/or color changes achieved through mechanical, electrical, or electronic means. Animated signs, which are differentiated from changeable signs as defined and regulated by this Code, include the following types:

The surface area enclosed by the outer edge of the outmost frame or border of the sign or, if the sign is not enclosed, the surface area of the smallest rectangle or other outline which encompasses all the features of the sign.

A sign displayed on or attached flat against the surface or surfaces of an awning.

A sign utilizing a banner as its display surface.

A sign applied or affixed to the seat or back of a bench.

A sign that is applied or affixed to a building.

A sign affixed to the visible surface(s) of an attached or freestanding canopy. May be internally or externally illuminated. Similar to a Marquee Sign.

A sign with the capability of content change by means of manual or remote input, includes the following types:

The letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only.

Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.

A mode of message transition on an Electronic Message Sign accomplished by varying the light intensity or pattern, in which the first message gradually appears to dissipate and lose legibility with the gradual appearance and legibility of the second message.

See Illuminated Sign.

See Animated Sign, Electrically Activated.

A sign principally supported by one or more columns, poles, or braces placed in or upon the ground.

A sign characterized by the use of artificial light, either projecting through its surface(s) [Internally or trans-illuminated]; or reflecting off its surface(s) [Externally illuminated].

See Illuminated Sign.

Any sign placed within a building, but not including window signs as defined by this ordinance. Interior signs that are prominently visible and/or are designed to be visible from the outside of the building are regulated by this ordinance.

A ground sign generally having a low profile with little or no open space between the ground and the sign and having a structure constructed of masonry, wood, or materials similar in appearance.

A sign containing three (3) or more faces.

A sign that was legally installed by permit in conformance with all municipal sign regulations and ordinances in effect at the time of its installation, but which may no longer comply with subsequently enacted laws and ordinances having jurisdiction relative to the sign.

A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.

A temporary sign intended to advance a political statement, cause, or candidate for office.

Any cord-connected sign not permanently attached to the ground and can be removed without the use of tools.

A sign other than a Wall Sign that is attached to or projects more than eighteen (18) inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign.

See Freestanding Sign.

A temporary sign advertising the sale, lease, or rental of the property or premises upon which it is located.

A sign that has the capability to revolve three hundred and sixty degrees (360º) about an axis. See also: Animated Sign, Mechanically Activated.

A sign mounted on the main roof portion of a building or on the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades, pent eaves, and architectural projections such as canopies or marquees shall not be considered to be roof signs.

A temporary sign pertaining to any civic, patriotic, or special event of general public interest.

A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs.

A sign attached to the underside of a canopy or marquee.

A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than eighteen (18) inches from the building or structure wall. Also includes signs affixed to architectural projections that project from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed.

A sign, frequently off-premises, specifically designed to provide directional or destination information. See also Off-Premises Sign.

A sign affixed to the surface of a window with its message intended to be visible to the exterior environment.

A plan showing the location of all existing and proposed site improvements including, but not limited to, buildings, utilities, driveways, parking areas, lighting, landscaping and signs.

The degree of deviation of a surface from the horizontal, usually expressed in percent or degree.

A plan which indicates necessary land treatment measures, including a schedule for installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be at least equivalent to the standards and specifications as adopted by the Somerset Union Soil Conservation District.

Any storm drainage technique which retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.

That portion of a building or structure included between the surface of any one floor and the surface of the next floor above it or, if there is no floor above such floor, then "story" shall be that portion of the building or structure included between the surface of any floor and the ceiling next above it. A basement shall be considered as a story where the finished surface of the floor above the basement is:

More than four feet above the average grade elevation;

More than four feet above the finished grade for 50% or more of the total building perimeter; or

More than 10 feet above the finished ground level at any point.

That portion of any building or structure located under a pitched roof at the top of a building having a story height of seven feet, zero inches or greater and having a floor area that is less than or equal to one third of the gross floor area of the floor below. For the top most story, story height shall be measured from the top of the finished floor to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.

The dividing line between the street and a lot.

A street which is parallel and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.

A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of land or water. In addition to the above definition, "structure" also means a walled and roofed building or a gas or liquid storage tank that is principally aboveground.

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

A raised horizontal structure or area having the characteristics of a deck or patio but not more than one foot in height.

An attached or semi-detached dwelling with two direct means of access from the outside and having separate cooking, sleeping and sanitary facilities and separate facilities for sewerage, heating, water, electric and gas.

Dwellings developed as a single entity in which individual dwellings (and associate lots if applicable) have a common or public open space as an appurtenance, and further provided that no more than fifty (50%) percent of all townhouse units contained within the "townhouse development" shall occupy air space above another, a noise and fire barrier between the two (2) units shall be provided.

A vehicular chassis or structure designed to be hauled by another vehicle and to carry any structure, object, material, person, animal or thing.

An establishment primarily engaged in furnishing, hauling or transfer services without long-term product or cargo storage and where trucks load and unload products or cargo for transshipment or reshipment without accessory consolidation, repacking or value added services. A truck terminal may also include accessory areas for the repair, service, maintenance temporary storage or parking of trucks.

A one-family dwelling attached to one other one-family dwelling by a common vertical wall, and each dwelling is located on a separate lot.

The specific purpose for which a parcel of land or building or a portion of a building is designed, arranged, intended, occupied or maintained.

Any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of electronic smoking devices, liquid nicotine, liquid nicotine containers or vapor product as defined by N.J.S.A. 26:3D-57, N.J.S.A. 2A:170-51.9(a)(2).

Stabilization of erosive or sediment-producing areas by covering the soil with permanent or short-term seeding, mulching or sodding.

A self-propelled device which is licensed as a motor vehicle by the State of New Jersey.

An open area, other than a right-of-way, or public parking area, used for display, sale or rental of new or used vehicles in operable condition and where no repair work is done.

A coin-operated device located outside of a principal building, which dispenses various items or products such as, but not limited to, food, drink, ice, reading materials or toiletries.

Establishments engaged in retailing all types of merchandise using the Internet.

Establishments engaged in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited as a result of the way such uses operate. Products may be picked up on site or delivered to the customer. Examples include but are not limited to: sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, building hardware, and office supplies.

A space extending the full width of the lot between any building and the front lot line, measured perpendicular to the building at its closest point to the front lot line. Said "front yard" shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.

A space extending across the full width of the lot between the principal building and the rear lot line, measured perpendicular to the building at its closest point to the rear lot line. Said "rear yard" shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.

A space extending from the front yard to the rear yard between the principal building and the side lot line, measured perpendicular to the side lot line at its closest point to the principal building. Said "side yard" shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.

On a corner lot, the side yard where the face of a principal building does not front upon.

A document signed by the Zoning Officer, which is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom.