For the purposes of this chapter, certain words and terms used herein are defined as follows:
ABANDONMENTAbandonment of a nonconforming use requires a discontinuance of the use of a property and an intent to abandon the property.
ABUTTo physically touch or border upon or to share a common property line but not overlap. (See also "contiguous.")
ACCESSA way or means of approach to provide a vehicle or pedestrian physical entrance to a property. (See also "driveway.")
ACCESSORY BUILDINGA 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.")
ACCESSORY STRUCTUREA 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.")
ACCESSORY USEA use of land or 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.")
ADAPTIVE REUSEThe development of a new use for an older building or for a building originally designed for a special or specific purpose.
ADDITIONAn extension or increase in floor area or height to an existing building or structure.
ADJOINING LOT OR LANDA lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.
AIR RIGHTSThe rights to inclusive and undisturbed use and control of a designated space within delineated boundaries, either at the surface or above a stated elevation of another structure. Such rights may be purchased or leased for the construction of improvements.
ALLEYA service roadway providing a secondary means of access to abutting property and not intended for general circulation.
ALTERATIONSAny 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.
APPLICANTA person submitting an application for development. (See also "developer.")
APPLICATION FOR DEVELOPMENTThe application form and all accompanying documents and exhibits required of an applicant by an approving authority for development review purposes.
APPROVED PLANA plan that has been granted final approval by the appropriate approving authority.
APPROVING AUTHORITYThe Planning Board, Zoning Board of Adjustment or other legally designated individual or agency that has been charged with the review and approval of plans and/or applications.
ARCHITECTURAL ELEVATIONA fully dimensioned drawing of the front, rear or side of a building showing features such as windows, doors and relationship of grade to floor level.
AS-BUILT PLANA plan drawn by a professional engineer or registered architect to scale showing the exact layout and dimensions of an existing completed structure or building.
ASSISTED LIVING FACILITYResidences 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.
ATTICThat part of a building which is immediately below, and wholly or partly within, the roof framing.
AUTOMATED TELLER MACHINE or ATMAny establishment or device whose purpose is the performance of financial transactions to a customer without the aid of a teller.
AUTOMOBILEA self-propelled, free-moving vehicle with four wheels, usually used to transport not more than six passengers, and licensed by an appropriate agency as a passenger vehicle.
AUTOMOBILE PARTS AND SUPPLY STOREA retail store whose business is the sale of automobile parts and supplies only, and which does not include any repair, service or installation, no matter how minor or infrequent.
AUTOMOBILE REPAIR SHOPAn establishment engaged in furnishing automobile repair, service or maintenance, but not including body work or painting.
AUTOMOBILE STORAGE YARDAn establishment whose principal use is the storage of automobiles. Space utilized for the storage of automobiles shall not be considered parking spaces within the meaning of this chapter.
AUTOMOBILE SUPPLY AND SERVICE STOREA retail store whose primary business is the sale of automobile parts and supplies, and which provides for the service or installation of such parts on the premises as an accessory use.
AWNINGA roof-like cover generally made of cloth, canvas or similar material that permanently projects from the wall of a building for the purpose of shielding a doorway or window from the elements, not including a marquee. In residential districts, awnings and canopies shall be deemed structural projections.
BANKA business establishment authorized to perform financial transactions such as receiving and lending money, but not including check cashing stores or pawnshops.
BANNERAny temporary sign applied to paper, plastic, or fabric of any kind, which may be permitted by the governing body by permit.
BARAn establishment used primarily for the serving of liquor by the drink to the general public.
BASEMENTA habitable or nonhabitable space partly underground but having at least 1/2 of its clear height above the reference level. A basement shall be counted as a story if its ceiling is four or more feet above the reference level.
BEDROCKContinuous solid rock that underlies regolith.
BEDROOMA private room intended or used for sleeping separated from other rooms by a door or other physical barrier.
BERMA mound of earth used to shield, screen and buffer undesirable views.
BILLBOARDAny sign erected or maintained for the purpose of displaying outdoor advertising for products or services provided either on or off premises.
BLOCKThat property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or nearest intersecting or intercepting street or railroad right-of-way, park boundary or waterway.
BOARDERAn individual other than a member of a family or household occupying a dwelling unit or part thereof who is furnished sleeping accommodations for a fee and may be furnished with meals and/or other services as part of the consideration.
BOUNDARYThe border or outer physical limit of a lot or property.
BUFFER or BUFFER AREAAn open space or landscaped area consisting of trees, shrubs, berms, walls, solid fencing or a combination of all, so installed as to provide both a visual and an acoustical barrier between one use or property and another use or property.
BUILDINGAny structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind. Structures divided by unpierced masonry division walls extending from the ground to the roof shall be deemed to be separate buildings.
BUILDING AREAThe total of areas, taken on a horizontal plane at the main grade level, of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
BUILDING COVERAGEThe total of areas, taken on a horizontal plane at the main grade level, of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
BUILDING LINEA line parallel to the front line and removed from it by the depth of the required front yard.
BUILDING PERMITWritten permission or authorization issued by the Zoning Officer for the construction, repair, alteration or addition to a structure or building, or the alteration of a lot or land.
BUILDING SETBACK LINEA line parallel to the street line or lot line touching that part of the building closest to that street line or lot line.
CABARET or NIGHTCLUBAny 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 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.
CALIPERThe diameter of a tree trunk as measured from six inches above ground level for trees up to four inches in diameter, and 12 inches above ground level for trunks of trees with diameters in excess of four inches.
CANNABISAll parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et al.) for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2), and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et al.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et al.).
CANNABIS CULTIVATORAny 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.
CANNABIS DELIVERY SERVICEAny 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.
CANNABIS DISTRIBUTORAny 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.
CANNABIS ESTABLISHMENTA cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
CANNABIS MANUFACTURERAny 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.
CANNABIS RETAILERAny 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.
CANNABIS WHOLESALERAny 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.
CANOPYA nonretractable structure that permanently projects from the wall of a building, to shield a doorway, window or sidewalk, generally made of rigid building materials and supported by a metal frame.
CAR WASHA building or premises used for the washing of automobiles.
CARNIVALA temporary enterprise offering amusements, entertainment, exhibitions, foods, contests and livestock exhibits, with or without the payment of a fee, admission or subscription. A carnival may also include a fair, rodeo, tent park, amusement trailer center or other similar appellations.
CARPORTA roofed structure providing space for the parking of motor vehicles and enclosed on two sides or fewer.
CELLARA habitable or nonhabitable space partly underground and having more than 1/2 of its clear height below the reference level or having less than four feet of clear height above the reference level. A cellar shall not be considered a story.
CHANGE OF USEAny use which is different in use classification, as provided for in Article
VI of this chapter, from the previous use.
CHECK CASHING STOREAn 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.
CHILD-CARE CENTERA facility providing for the care, supervision and protection of children which is required to be licensed by the State of New Jersey Department of Human Services.
CITYThe City of Union City, County of Hudson, State of New Jersey.
CIVIC USEA nongovernmental use whose affairs relate to the City or its citizens, but not including government or municipal uses as defined herein.
CLIFF FACEA sheer, nearly vertical slope of exposed bedrock.
CLUBA group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.
COMMERCIAL SCHOOLAn educational or training establishment operated for a business, including the instruction of language, dance, fine or applied arts, martial arts, business, computers, trades, vocations, or the like.
COMMON OPEN SPACEAn open space 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.
COMMUNITY CENTERA building used for neighborhood meetings and recreational activities, whether or not on the basis of fees or charges, and exclusive of a building accessory to a church or religious organization.
CONCEPT PLANA plan or sketch for development provided for the purposes of informal review which carries no legal obligations or vested rights on the applicant, the approving authority or any other party.
CONDITIONAL USEA 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 as contained in the zoning provisions of this chapter, and upon the issuance of an authorization therefor by the Planning Board.
CONDOMINIUMA building or group of buildings in which dwelling units, offices, or floor area are owned individually, and the structure, common areas and facilities are owned by the owners on a proportional, undivided basis.
CONFORMING APPLICATION OR PLANAn application or plan which meets all of the requirements of this chapter and other applicable requirements of the Code of the City of Union City.
CONGREGATE CARE FACILITYA facility for ambulatory elderly residents consisting of dwelling units with communal dining facilities and services such as housekeeping, organized social and recreational activities, transportation services and other support services appropriate for the residents.
CONTIGUOUSNext to, abutting or touching and having a boundary or portion thereof that is coterminous. (See also "abut.")
CONVENIENCE STOREA retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods for off-site consumption.
COUNTYThe County of Hudson of the State of New Jersey.
COURT or COURTYARDAn open, unoccupied space bounded on at least two opposing sides by a building wall, but not a front, side or rear yard. An outer court is a court which has one side facing a street, a front yard or a rear yard and which is surrounded on all other sides by building walls and/or side lot lines. Any other court is an inner court. An offset to a court shall be deemed a separate inner court for the purpose of determining its least dimension, its area and the least dimension and area of the court to which it is contiguous. The width of a court is the dimension parallel to the open side in the case of an outer court and is the least dimension in the case of an inner court. For a court which opens upon a side yard, the measurement at right angles to the side lot line may be measured from the building wall to such side lot line across the side yard. The horizontal depth of a court is the dimension at right angles to its width. For a court which opens upon a rear yard or upon a front yard or street, the horizontal depth may be measured from the building wall of the court to the rear line or front line of the building, and such horizontal depth will not be construed to include the depth of the rear yard or front yard.
CURBA stone, concrete or other improved boundary marking the edge of a roadway or paved area.
CURB CUTThe opening along the curbline or edge of pavement at which point vehicles may enter or leave the roadway.
CUT AND FILLThe excavation of rock fragments and mineral grains, including soil, in one place and the deposit of the material as fill in another place.
DEAD END or DEAD-END STREETA street with a single common ingress or egress with no turnaround at the end. (See also "cul-de-sac street.")
DECKAn uncovered structure, usually constructed of wood or concrete, extending from the exterior wall of a residential dwelling, no more than three feet above the finished ground elevation of the wall from which it extends. Any such structure which is more than three feet above the finished elevation shall be considered part of the principal structure for purposes of setback. (See also "patio" and "porch.")
DENSITYThe permitted number of dwelling units per gross acre of land to be developed.
DEVELOPABLE AREAThe area of a lot exclusive of any portion which contains cliff face.
DEVELOPERThe legal or beneficial owner or owners of a lot or of any land proposed to be 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. (See also "applicant.")
DEVELOPMENTThe 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, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law.
DRAINAGEThe removal of surface water or groundwater from land or stormwater from roofs or paved areas by drains, grading, or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development.
DRIVE-IN ESTABLISHMENTPremises constructed for the sale of any goods or services by means of curb, window-counter, or self-service, for the motoring public.
DRIVE-IN RESTAURANTAn establishment where food or drink is served to a customer in an automobile outside the confines of a building for consumption on the premises. (See also "drive-through or drive-thru restaurant.")
DRIVE-THROUGH OR DRIVE-THRU RESTAURANTAn establishment where food is served for immediate consumption outside the confines of a building and where all or part of that consumption occurs outside the confines of the building, off the premises.
DRIVEWAYA vehicular way on private property which provides access to a street or highway. (See also "access.")
DRY-CLEANING ESTABLISHMENTA retail establishment used primarily for the purposes of picking up or dropping off clothing by customers for dry-cleaning purposes, and in which only those clothes dropped off by the customers at such an establishment and no other are dry cleaned within the premises. (See also "dry-cleaning plant.")
DRY-CLEANING PLANTAn establishment in which clothing dropped off by customers at the establishment, and from other establishments, is dry cleaned within the premises. (See also "dry-cleaning establishment.")
DWELLINGA building containing dwelling units. The term "dwelling" shall not be deemed to include hotel, motel, rooming house or other accommodations used for more or less transient occupancy.
DWELLING UNITA building or portion thereof used for living purposes by one family and having cooking and sanitary facilities for its exclusive use.
DWELLING, MULTIFAMILY FAMILYA building containing four or more dwelling units with separate cooking and toilet facilities for each dwelling. Multifamily family dwellings may also include condominiums, as defined here.
DWELLING, TOWNHOUSEA building containing three or more dwelling units wherein each unit has its own front and rear access to the outside, no unit is located over another unit, and each is separated from the other by one or more common vertical walls. (See also "row house or attached single-family dwelling.")
EASEMENTA permanent right in an individual, the public or other entity to use the land of another for a specific purpose not inconsistent with the general ownership of the property. (See also "right-of-way.")
EATING AND DRINKING ESTABLISHMENTA retail establishment serving prepared food or drink within an enclosed building for immediate consumption within the building or off the premises, including restaurants, lunch counters, ice cream and pizza parlors, and luncheonettes, which have a customer service area limited to eight seats or space for no more than eight customers to eat within the establishment, but excluding all drive-in or drive-through restaurants, and bars or taverns. (See also "food and beverage store.")
ELEVATIONA vertical distance above or below a fixed reference.
ENFORCING AGENCYThe municipal administrative entity charged with the administration and enforcement of the regulations in accordance with the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq., which shall be the Construction Code Official or his designee unless otherwise designated.
ENLARGEMENTAn increase in the size of an existing structure, building or use, including the physical size of a property, structure, building, parking or other improvements.
ERECTTo build, construct, attach, hang, place, suspend or affix, including, but not limited to, the painting of wall signs.
EVERGREENA plant with foliage that remains green year-round.
FACADEThe exterior walls of a building exposed to public view or that wall viewed by persons not within the building.
FACINGThe surface of the sign upon, against or through which the message is displayed or illuminated on the sign.
FAMILYA group of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, federation or like organizations, or any group of individuals who are in a group living arrangement as a result of criminal offenses.
FAMILY DAY-CARE HOMEThe private residence of a family day-care provider 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.).
FAST-FOOD RESTAURANTAn establishment in which food is pre-prepared and sold over a counter in disposable containers or wrappers selected from a limited menu for consumption on or off the premises.
FENCEAn artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FLOOD HAZARD AREAThat portion of the floodplain as designated by the Federal Insurance Administration or the Federal Emergency Management Agency as constituting particular hazards or risks applicable to the community by reason of flooding.
FLOOR AREA RATIO (FAR) OF A BUILDINGThe quotient of the gross floor area of a building divided by its lot area. Above-grade structured parking is included in the FAR while below-grade parking shall be excluded from the FAR calculation.
FOOD AND BEVERAGE STOREAn establishment selling food and beverages to the public, including but not limited to meat, poultry, fish, specialty foods, beverages, candy, nuts, dairy products, health food, liquor and wine, and including convenience stores, delicatessens and bakeries (for sale of goods on premises only), but not including eating and drinking establishments or restaurants.
FRONT LOT LINEThe lot line separating the front of a lot from a street right-of-way. (See also "street line or right-of-way line.")
FRONT OF A STRUCTUREWhen erected on a plot abutting on two or more streets, that abutting side which is so designated on the plot plan by the owner.
FRONT YARDA space extending the full width of the lot between any building and the front lot line.
FRONTAGEThat side of a lot abutting a street.
GASOLINE SERVICE STATIONAn establishment primarily used for the retail dispensing of vehicular fuel and oil to automobiles and the incidental servicing thereof, but not including body work or painting.
GOVERNMENT USEThe use of land, buildings or structures by any department, commission, independent agency or instrumentality of the United States, of a state, county, authority, district or other governmental unit other than the City of Union City.
GRADE ELEVATIONThe average ground elevation of the land around the exterior walls of a building or structure.
GRADE or GRADIENTThe percent of rise or descent of a sloping surface, "grade" is defined as the average ground elevation of the land around the exterior walls of a building or structure. (See also "grade elevation.")
GROSS FLOOR AREAThe sum of the gross horizontal areas of the several floors and mezzanine floors of a building and its accessory buildings on the same lot, excluding basement or cellar areas devoted to parking and mechanical equipment space. All dimensions shall be measured between exterior faces of walls.
HABITABLE SPACEA space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.
HEALTH CLUB or GYMNASIUMAn establishment that provides facilities for physical exercise such as aerobics, running, jogging, weightlifting, game courts, swimming facilities, and accessory saunas, showers, massage rooms and lockers, within an enclosed building or buildings.
HEAVY INDUSTRIALAn establishment which involves basic processing and manufacturing of materials or products predominantly from extracted or raw materials. (See also "light industrial" and "medium industrial.")
HEIGHT OF BUILDINGThe vertical distance measured from the reference level to the level of the highest point of the roof beams.
HOME OCCUPATIONAn 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, barbershop, automobile repair servicing or body shop, convalescent or nursing home, insurance or real estate agency, boardinghouse, kennel or stable, massage parlor, dancing instructions, band instrument instructions in group, child-care centers, drug counseling centers, antique shops, restaurants, tearooms, tourist homes, real estate offices, insurance offices, mortuary establishments, stores, trades, veterinary hospitals or similar establishments offering services to the general public. (See also "home occupation, major" and "home occupation, minor.")
HOME OCCUPATION, MAJORA home occupation that involves up to two employees other than a resident of the dwelling unit in which the occupation is being conducted. See §
223-43E for additional regulations.
HOME OCCUPATION, MINORA home occupation that does not involve any employees other than a resident of the dwelling unit in which the occupation is being conducted. See §
223-8G(2)(a) for additional regulations.
HOMEOWNERS' ASSOCIATIONAn association of homeowners organized to own, maintain, operate and share the cost of maintaining common facilities and to enhance and protect their common interests.
HOSPITALAn institution which maintains and operates organized facilities and services for the diagnosis, treatment or care of persons suffering from illness, injury or deformity and/or obstetrics, and in which all diagnosis, treatment and care are administered by or performed under the direction of persons licensed to practice medicine in the State of New Jersey.
HOTELA facility offering transient lodging accommodations to the general public wherein all rooms are connected to interior hallways, and thereby to interior elevators, lobbies or stairways, through which access to the exterior is gained. Hotels may include but not be limited to related services such as restaurants, meeting rooms or recreation facilities.
HOUSESee "dwelling unit."
HOUSEHOLDA family living together in a single dwelling unit, with common access thereto and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.
IMPERVIOUS SURFACEA surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
IMPROVEMENTAny permanent structure that becomes part of, placed upon, or is affixed to real estate.
INDOOR COMMERCIAL RECREATIONAL USEA building or group of buildings used for recreational purposes and operated as a business and open to the public for a fee, including bowling alleys, skating and roller rinks, pool and billiard halls, indoor rifle and pistol ranges, indoor batting cages, recreation centers, and indoor swimming pools or tennis courts. (See also "recreation use or facility.")
INFORMAL REVIEW or CONCEPT REVIEWA review process undertaken by the Planning Board at the option of the applicant as provided for in this chapter, for the purposes of assisting an applicant to prepare an application for formal submission and to provide direction and feedback on such application, at which no decisions, resolutions or formal actions are taken, and wherein all comments or communications carry no legal obligation or vested rights, nor are binding on any party.
INSTITUTIONAL USEA nonprofit or public use, such as a library, public or private school, or government-owned or -operated building, structure, or land used for public purpose.
INTERIOR LOTA lot other than a corner lot. (See also "corner lot" and "through lot.")
LABORATORIESAn establishment or part thereof equipped and used for experimental study, testing or analysis in a field of science.
LANDSCAPED AREAAreas containing trees, shrubs and ground covers, pedestrian and recreation areas, ponds, streams or any other areas or features which can be reasonably included, but shall not include areas occupied by buildings or structures, paving for parking, loading or access thereto, required buffers or areas utilized for outside storage.
LANDSCAPINGLawns, trees, plants and other natural materials such as rock and wood chips, and decorative features, including sculpture, patterned walks, fountains and pools.
LAUNDROMATA business premises equipped with individual clothes-washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in a multifamily building or hotel.
LIGHT INDUSTRIALAn establishment engaged in light nonnuisance fabrication or the assembly, packaging, storage and distribution of products from finished products or parts.
LIVE ENTERTAINMENTAny form of entertainment which is performed in person before an attending audience.
LIVE/WORK UNITA dwelling unit designed to provide space in which to conduct a business or trade, including offices, studios, crafts workshop area or laboratory space.
LOADING SPACE OR BERTHAn off-street space or berth used for the loading or unloading of cargo, products or materials from vehicles.
LOTA 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 AREAAn area of land which is determined by the limits of the lot lines bounding the area expressed in terms of square feet. Any portion of a lot included in a public or private street right-of-way shall not be included in calculating lot area.
LOT COVERAGEThe area of the lot covered by impervious surfaces, including buildings and other structures.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines. Where the front property line is an arc of a circle or irregular in shape, the depth shall be the average distance between the front and rear lines.
LOT LINEThe boundary line of a parcel of land as shown on a certified filed map, Tax Map or as defined by a field map. A lot line shall not be considered unless legally subdivided or apportioned.
LOT LINE, FRONTThe street line of a lot. On a corner lot, the front line shall be the shorter street line. On a corner lot with equal street lines or having more than the required lot depth on two or more streets or on a through lot, the owner may elect which street line shall be considered the front lot line.
LOT LINE, REARThe lot line which is more distant from and most nearly parallel to the front lot line.
LOT WIDTHThe mean width of any lot, measured at right angles to its depth.
LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed on 135°.
LOT, FLAG or FLAGPOLE LOTA lot which does not meet the minimum lot width requirements and where access from the lot to the public road is by means of a narrow private right-of-way or driveway.
LOT, THROUGHAn interior lot which fronts upon two parallel streets or which fronts upon two streets which do not intersect at the boundaries of the lot.
MAINTENANCE GUARANTEEA security acceptable to the City of Union City to assure that necessary improvements installed or completed by a developer will function as required for a specific period of time.
MARIJUANAHas the meaning given in N.J.S.A. 24:6I-3.
MARQUEEA permanent nonretractable cover made of rigid building materials constructed as an integral part of the building, the supports of which are part of the original structure, which extends from the building over an entrance or sidewalk to shield a doorway, window or sidewalk from the elements.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed massage therapist, physical therapist or health professional or barbershops or beauty salons in which massages are administered only to scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
MASTER PLANThe current Master Plan of the City of Union City adopted in accordance with the requirements of N.J.S.A. 40:55D-28.
MEDICAL OFFICEThe office of recognized medical practitioners, including but not limited to doctors, dentists, dental surgeons, veterinarians, chiropractors, podiatrists, psychologists, and licensed therapists.
MEDICAL OR DENTAL CLINICAn establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists, or social workers and where patients are not lodged overnight, and are provided treatment not commonly performed in medical or dental offices.
MEDIUM INDUSTRIALAn establishment engaged in the processing, fabrication, treatment, packaging, storage and distribution of predominantly previously prepared materials, or finished products or parts, but excluding basic processing or manufacturing from predominantly new or extracted materials. (See also "heavy industrial" and "light industrial.")
MEZZANINEAn intermediate floor between the floor and ceiling of any story and covering less than 1/3 of the floor area immediately below. A mezzanine shall not be counted as a story, but its floor area shall be included in the computation of gross floor area.
MIXED-USE BUILDINGA building containing nonresidential use on the ground floor and residential use on upper floors.
MOTEL or MOTOR HOTELA facility offering transient lodging accommodations to the general public wherein all rooms are not connected to interior hallways, and thereby to interior elevators, lobbies or stairways, through which access to the exterior is gained.
MOTOR VEHICLE USESAny one of the following as defined herein: automobile body repair shops, automobile rental or short-term leasing establishments, automobile repair shops, automobile sales or long-term leasing establishments, gasoline service stations, automobile storage yards, automobile supply and service stores, automobile washes, convenience stores in conjunction with gasoline service stations, transport service businesses, truck and bus depots, rental, storage, leasing and sales establishments, truck and bus service stations, and repair shops.
MUNICIPAL USEAny use of land, building or structure by the City of Union City or an agency thereof.
NONCONFORMING LOTA lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. (See also "nonconforming structure" and "nonconforming use.")
NONCONFORMING STRUCTUREA structure, the size, dimension or location of which was lawful prior to the adoption, revision, or amendment of this chapter, 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. (See also "nonconforming lot" and "nonconforming use.")
NONCONFORMING USEA use or activity which was lawful prior to the adoption, revision or amendment of this chapter, 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. (See also "nonconforming structure" and "nonconforming use.")
NURSING HOMEAn institution licensed and approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the institution's operator by marriage, blood or adoption.
OFF-SITE OR OFF-TRACT IMPROVEMENTImprovements to be made off-site as a result of an application for development and including, but not limited to, road widening and upgrading, stormwater facilities, and traffic improvements.
OFF-SITE PARKINGParking provided for a specific use but located on a site other than the one on which the specific use is located.
OFF-STREET LOADINGDesignated areas located adjacent to buildings where trucks may load and unload cargo. (See also "loading space or berth.")
OFF-STREET PARKINGParking for a motor vehicle not located within a street right-of-way. (See also "on-street parking.")
OFFICEA room or group of rooms used for conducting the offices of a business, profession, service, industry or government, and generally furnished with desks, tables, files, and communication equipment, including offices of general, business, executive, legal, accounting, architect, planning, engineer, real estate, contractor and employment agencies.
ON-STREET PARKINGParking for motor vehicles located within a street right-of-way. (See also "off-street parking.")
OPEN SPACEAny 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, occupants and their guests, of land adjoining or adjacent to such open space.
OUTDOOR SALESThe outdoor display of goods and merchandise for sale and shall include but not be limited to garage sales and the like. All outdoor sales shall be subject to the provisions of §
223-49 herein.
OUTDOOR STORAGEThe keeping of any goods, junk, material, merchandise or vehicles outdoors in the same place overnight or continually for a period of more than 12 hours.
OWNEROwner of real property.
PARCELA contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity, including members of an immediate family. (See also "lot" and "tract.")
PARK or PLAYGROUNDA tract of land designated and used by the public for active and passive recreation.
PARKING AREAAny public or private area, inside, under or outside of a building or structure, designed and used for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas of public streets.
PARKING GARAGESee "private parking garage" and "public parking garage."
PARKING LOTAn unenclosed parking area for the parking of vehicles.
PARKING SPACEA space conforming to applicable standards of this chapter for the parking of a motor vehicle within a parking area.
PARKING, SHAREDAny off-street parking when land uses having different parking demand patterns are able to use the same parking spaces/areas throughout the day. Shared parking is most effective when these land uses have significantly different peak parking characteristics that vary by time of day, day of week, and/or season of the year. In these situations, shared parking strategies will result in fewer total parking spaces needed when compared to the total number of spaces needed for each land use or business separately.
PATIOA level, landscaped or surfaced area directly adjacent to a principal building at grade and not covered by a permanent roof. (See also "deck" and "porch.")
PAWN SHOP or PAWNBROKER'S SHOPAn establishment in which the proprietor lends money on the security of personal property pledged in his or her keeping.
PENNANTAny lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind. This shall also include streamers and flags.
PERFORMANCE GUARANTEEA security that is acceptable to the City of Union City to assure that improvements that are required as part of an approved development will be satisfactorily installed or completed.
PERMITTED USEA use of a building or land that conforms with the provisions of this chapter.
PERSONAL SERVICE ESTABLISHMENTAn establishment engaged primarily in providing services involving the care of a person or his or her personal goods or apparel, including but not limited to linen supply, beauty and barber shops, dressmaker, tailor shops, watch repair, clothing and shoe repair, laundromats, drop-off laundry and dry cleaners (not including dry-cleaning establishments or plants), nail salons and tanning salons.
PLACE OF WORSHIPA church, synagogue, temple, mosque, or other building or group of buildings which by design and construction is intended for the conducting of organized religious services and accessory uses associated therewith.
PORCHA roofed open area which may be screened but not enclosed by glazing, usually attached to or part of and with direct access to and from a building. Porches are part of a principal structure for purposes of setback. (See also "deck" and "patio.")
POULTRY SHOPShall mean any premises where live poultry is stored, maintained, or housed for sale and/or slaughter on-site. This shall include any facility that gathers live poultry to be slaughtered and sold on-site as well as any business establishment or entity working within the live poultry distribution system, including, but not limited to, production/supplier flocks or farms, poultry wholesalers, and poultry distributors/dealers. This definition shall include any premises dedicated as a principal business to the maintenance, storage, housing, distribution, delivery, offering, or sale of live poultry on premises for butchering or slaughter.
PRINCIPAL BUILDINGA building in which is conducted the principal use of the lot on which it is located.
PRINCIPAL USEThe primary or predominant use of any lot, parcel, structure or building.
PRIVATE PARKING GARAGEA structure that is accessory to a residential use which is used for the parking of vehicles, and which is not used by the general public.
PRIVATE STREETA street that has not been accepted by the City of Union City or other governmental entity, but which is shown on the Official Map of the City of Union City.
PRIVATE SWIMMING POOLA swimming pool located as an accessory use on the same lot as the principal use it serves, which is utilized only by the owner or tenants or his or their nonpaying guests.
PROFILE or CROSS SECTIONA drawing or side or sectional elevation showing the vertical elements of a structure from below ground through the top of the structure.
PROHIBITED USEA use not permitted within a district. Those uses not permitted by Article
VI of this chapter are prohibited. The listing of certain uses as specifically prohibited reiterates the prohibition regarding those particular uses to avoid doubt or confusion.
PROJECTIONAn extension of a building which protrudes or juts out from the vertical plane of the building.
PROPERTYA lot, parcel or tract of land together with the building and structures located thereon. (See also "lot," "parcel" and "tract.")
PUBLIC OR PRIVATE UTILITYAny agency that, under public franchise or ownership, or under certificate of convenience and necessity, or by grant of authority by a governmental agency, provides the public with electricity, gas, heat, steam, communication, transportation, water, sewage collection or other similar services.
PUBLIC PARKING GARAGEA building, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.
RECONSTRUCTIONAny project where the extent and nature of the work is such that the work area cannot be occupied while the work is in progress and where a new certificate of occupancy is required before the work area can be reoccupied. Reconstruction may include repair, renovation, alteration or any combination thereof. Reconstruction shall not include projects comprised only of floor finish replacement, painting or wallpapering, or the replacement of equipment or furnishings. Asbestos hazard abatement and lead hazard abatement projects shall not be classified as reconstruction solely because occupancy of the work area is not permitted.
RECREATION VEHICLEA vehicular-type portable structure without permanent foundation that can be towed, hauled or driven and designed primarily as a temporary living accommodation for recreation, camping and travel use, including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
REFERENCE LEVELThe level of the established curb at the center of that street frontage of the building where the average curb level is highest. Where no curb level has been established or wherever the grade elevation of that portion of the parcel is higher than the curb level, such grade elevation shall be considered to be the reference level for the purpose of this chapter.
REGOLITHThe noncemented rock fragments and mineral grains, including soil, which overlie bedrock.
RENOVATIONThe removal and replacement or covering of existing interior or exterior finish, trim, doors, windows, or other materials with new materials that serve the same purpose and do not change the configuration of space. Renovation shall include the replacement of equipment or fixtures.
REQUIRED SETBACK LINEThat line that is the required minimum distance from any lot line and that establishes the area in which a building must be erected or placed.
REQUIRED YARDThe open space between the lot line and the required setback line measured perpendicular to the lot line and within which no structure shall be located except as provided in this chapter.
RESIDENCEA home, abode or place where an individual or household is actually living at a specific point in time.
RESIDENTIAL HEALTH CARE FACILITYAny facility so defined by N.J.S.A. 26:2H-1 et seq. and regulated by the New Jersey Department of Health and Senior Services. "Residential health care facility" shall include the terms "assisted living," "congregate care," "nursing home," "convalescent home," "extended care," and "long-term care."
RESIDENTIAL USEAny use in which one or more dwelling units or residences are present.
RESTAURANTAn establishment where food and drink are prepared, served and consumed within an enclosed building, and wherein food is served only to be consumed by customers seated at tables on the premises. (See also "eating and drinking establishment," "drive-in restaurant" and "drive-through restaurant.")
RETAIL SALES ESTABLISHMENTAn establishment engaged in selling of goods and merchandise to the general public for personal or household use, including automobile parts and supplies (with no service), clothing and shoes, fabrics, curtains, drapes, floor coverings, furniture, lamps, appliances, radios, television sets, computers, electronics, upholstery, china and glassware, luggage and leather goods, antiques, home wares, paint and wallpaper, arts and crafts, candles, records, tapes, videos, musical instruments, pets, books and stationery, flowers, tobacco, drugs, sporting goods, jewelry, sewing machines, photography equipment, keys, cards, gifts, and toys, and including television, appliance, computer and electronics sales and repair establishments, department stores, variety stores, hardware stores (with products for sale predominantly to the public), interior decorating stores, hobby shops and art galleries.
RETRACTABLE AWNING OR CANOPYAn awning or canopy that may be retracted by mechanical means so as not to project beyond the front facade of a building.
RIGHT-OF-WAYAn easement for ingress and egress, sometimes together with the right to maintain utilities within the easement area. (See also "easement.")
ROOMING HOUSESee "boarding-, lodging or rooming house" and "boarder."
SATELLITE ANTENNAAny accessory structure capable of receiving and/or transmitting, for the sole benefit of the principal use, radio or television signals from a transmitter or transmitter relay located in planetary orbit and including but not limited to satellite receivers, satellite dish antennas, satellite disks, direct broadcast systems (DBSs), and television reception only systems (TVROs).
SCHOOLAny place of education or instruction, other than a commercial school, college, university, theological seminary, convent, monastery, child-care center, children's day camp or religious retreat.
SCREENINGA method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation. (See also "buffer or buffer area.")
SELF-STORAGE FACILITYA facility consisting of a building or group of buildings in a controlled-access compound that contains varying sizes of individual compartmentalized and controlled access stalls or lockers for the dead storage of customers' goods and wares.
SETBACKThe distance between a building and any lot line. When two or more lots under one ownership are used for a single development, the exterior lot lines so grouped shall be used in determining the setback.
SHADE TREEA tree with a minimum caliper of 2 1/2 inches, usually deciduous, planted primarily for overhead canopy.
SHEDA small, fully enclosed structure for storage. (See also "accessory structure.")
SIDE SLOPEThe section of a slope that is below the talus slope and generally of moderate or lesser gradient than the talus slope or cliff face.
SIDE YARDA space extending from the front yard to the rear yard between the principal building and the side lot line.
SIGNAny device, either freestanding or attached to a building or structure or erected, painted, represented or reproduced upon or in, to the extent provided herein, any building or structure, which displays, reproduces or includes any letter, word, name, number, model, insignia, emblem, design, device or representation used for one or more of the following purposes: to identify the premises or occupant or owner of the premises; to advertise any trade, business, profession, industry, service or other activity; to rent or use all or a part of the premises, including that upon which it is displayed; to direct vehicular or pedestrian traffic, other than state, county or municipal highway and roadway markers; and shall include any announcement, declaration, demonstration, display, illustration, insignia or any representation used to advertise or intended to advertise or promote the interest of any person. In no event shall the word "sign" be construed to mean any sign in the interior of any structure except as specifically set forth in this chapter.
SIGN AREAThe area of a sign face that encompasses the extreme limits of the writing, representation, emblem or other display, together with the sign frame and any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, or by delineating the area established by reason of distinctive variation in background color or by borders, whichever is greater.
SIGN, BUILDINGAny sign attached to any part of a building, as contrasted to a freestanding sign.
SIGN, BUSINESS OR NONRESIDENTIALA sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered upon the premises, provided that, at any location where a business sign is permitted, there shall also be permitted a sign containing noncommercial images or messages in lieu of any other images or messages, regardless of whether such noncommercial images or messages relate to activity conducted upon the premises.
SIGN, CANOPYAny sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.
SIGN, FREESTANDINGAny sign supported by a structure or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
SIGN, ILLUMINATEDAny sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign.
SIGN, INCIDENTALA sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.
SIGN, LIGHT BOXA permanent wall-mounted sign with an exposed frame, a flat translucent face and internal illumination.
SIGN, MAINTENANCEIncludes replacement without substantial change of any parts or support of any sign and the painting without change of text, design or size of any sign, without removal of the sign from the wall or structure supporting it.
SIGN, MONUMENTA freestanding sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground.
SIGN, POLITICALAny sign, notice, poster or other device calculated to convey a preelection political message or to obtain votes for a particular candidate, slate of candidates, public question or political issue when the same is placed in the view of the general public.
SIGN, PORTABLEAny sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless such vehicles are used in the normal day-to-day operations of the business.
SIGN, PROJECTINGA sign attached to a structure, building wall or facade that projects at a right angle and/or is perpendicular to a building facade or structure.
SIGN, RESIDENTIALAny sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the Zoning Ordinance.
SIGN, ROOFAny sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
SIGN, TEMPORARYAny sign used temporarily for a period not to exceed 30 days that is not permanently mounted or maintained on an existing structure. Temporary signage is subject to §
223-45E.
SIGN, WALLAny sign attached to a wall, parapet or facade of a building or structure, in which the exposed face of the sign is erected on a plane parallel to the wall on which the sign is mounted.
SITE PLANA rendering, drawing, or sketch prepared to specifications and containing necessary elements, as set forth in Article
IV of this chapter, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.
SITE PLAN, MINORA development plan for less than 1,000 square feet of additional gross floor area or soil disturbance between 1,000 and 4,999 square feet of soil, pursuant to Article
IV and provided that the site plan:
(1) Conforms to the zoning requirements; and
(2) Does not involve a planned development, new street or extension of any off-tract improvements, which is to be prorated pursuant to N.J.S.A. 40:55D-52; and
(3) Contains the information reasonably required to make an informed decision for approval of a minor site plan.
SLOPEThe inclination of the surface of land from the horizontal.
SLUMP BLOCKUnstable areas of very steep slope with tendency for vertical separation.
SMOKE SHOPShall mean any premises dedicated as a principal business to display, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia, including providing an area for smoking tobacco products, but excluding any grocery store, supermarket, convenience store or similar retail use that sells tobacco product, shall not be included within the definition of smoke shop. An area for "smoking" shall mean the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter of substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
STEEP SLOPESlopes greater than 15% to be developed in accordance with Palisades Preservation Overlay District provisions herein.
STORAGE FACILITYAn establishment engaged in the storage of goods, products or materials primarily for business or industrial purposes.
STORYThat portion of a building included between the upper surface of a floor and the upper surface of the floor or roof above, excluding spaces defined as "half story."
STORY, HALFA habitable space that has a stairway as a means of access and egress and in which the ceiling area at a height of seven feet above the attic floor is not more than 1/3 the area of the next floor below.
STREET-FACING SETBACKThe minimum distance from a public roadway or driveway from which a building may be located. Within a fee simple subdivision, this setback is typically referred to as the front yard setback.
STREETSCAPEA design term referring to all the elements that constitute the physical makeup of a street and that, as a group, define its character, including building frontage, street paving, street furniture, landscaping, including trees and other plantings, awnings and marquees, signs and lighting.
STRUCTUREA combination of materials to form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water, which includes but is not limited to buildings, stadiums, platforms, towers, sheds, trailers, storage bins, fences, swimming pools and signs. (See also "building.")
STUDIOThe workshop of an artist, sculptor, photographer or craftsperson or a place where radio, television or movies are produced. (See also "live/work unit.")
TALUS SLOPEThe apron, cone or embankment of rock waste sloping outward from the base of the cliff face that is the course of the rock waste.
TENNIS OR SPORTS COURTA structure constructed on the ground consisting of a playing area of whatever consistency used to engage in the game of tennis or other sports. A backstop, consisting of netting, fencing or similar material and designed to prevent the passage of tennis or other balls, shall be considered to be part of the tennis or sports court.
THEATER or MOVIE THEATERA building or part of a building devoted to showing motion pictures or for dramatic, dance, musical or other live performances to the public for a fee.
TOP OF CLIFFThe portion of a slope located above the cliff face, overlain with regolith, and generally known as the plateau or hill crest.
TRACTAn area, parcel, site, piece of land or property that is the subject of a development application. (See also "lot" and "parcel.")
TRAILERA structure which temporarily or permanently stands on wheels and is capable of being towed or hauled by another vehicle and used for temporary or long-term human occupation.
TREE, SPECIMEN OR SIGNIFICANTAny tree that has a diameter of 20 or more inches or any tree which is a particularly impressive or unusual example of a species due to the size, shade, age or any other trait that epitomizes the character of the species.
USEThe specific purpose for which land, building or structure is designed or arranged for which it is or may be occupied or maintained.
USE VARIANCEThe authorization by the Zoning Board of Adjustment for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
VAPE SHOPShall mean any premises dedicated as a principal business to display, sale, distribution, delivery, offering, furnishing or marketing of electronic smoking devices, liquid nicotine containers or vapor product as defined by N.J.S.A. 26:3D-57, N.J.S.A. 2A:170-51.9a(2), N.J.S.A. 2A:170-51.9a(3) and N.J.S.A. 2A:170-51.9a(4), including an area for vaping. An area for "vaping" shall mean the inhaling or exhaling of smoke or vapor from any electronic smoking device.
VETERINARY OFFICE OR HOSPITALAn office or hospital where animals are given medical care and the boarding of animals is limited to short-term care incidental to the principal use.
WALLA structure of wood, stone or other materials or combination thereof intended for defense, security, screening or enclosure or for the retention of earth, stone, fill or other materials as in the case of retaining walls.
WINDOWIncludes any opening in the exterior wall or roof of any structure for the purpose of admitting air or light, whether or not covered with glass, plastic, or other covering.
WINDOW AREAWindow area includes the aggregate square footage of all windows on a facade or story of a building regardless of the angle or angles at which they are set. In computing window area, all portions of any door which contains a window shall also be included.
WIRELESS TELECOMMUNICATIONS (WT)Any personal wireless services as defined in the Telecommunications Act of 1996 which includes FCC-licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone services.
WIRELESS TELECOMMUNICATIONS ANTENNA (WT ANTENNA)Antenna of any type of design, which is or may be used for the delivery of wireless telecommunications, except for those radio antenna, dish antenna, or satellite receiving stations regulated pursuant to Article
VI.
WIRELESS TELECOMMUNICATIONS EQUIPMENT (WT EQUIPMENT)Any building, structure, or equipment, including, without limitation, transmitters, power sources, or other equipment, except antennas or towers, which are or may be used for the delivery of wireless telecommunications.
WIRELESS TELECOMMUNICATIONS SERVICE PROVIDER (WT SERVICE PROVIDER)Any person, business organization, or other entity of any kind, whether public or private, which seeks to install, operate, or maintain any combination of WT technology within the boundaries of the City of Union City, or which already operates or maintains such WT technology as of the effective date of this chapter.
YARDAn open space, which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.
YARD, FRONTA yard extending across the full width of the lot and lying between the front line of the lot and nearest point of the principal building. The depth of the front yard shall be measured at right angles to the front lot line.
YARD, REARA yard extending across the full width of the lot measured from the rear lot lines. The depth of a rear yard shall be measured at right angles to the rear lot line.
YARD, SIDEA yard between the side line of the lot and the nearest point of the principal building and extending from the front yard to the rear yard or, in the absence of either or both such yards, to the front and/or rear lot line, as the case may be. A corner side yard is the yard extending to a corner side lot line and an interior side yard is the yard extending to an interior side lot line. The width of a side yard shall be measured at right angles to the side line of the lot.
ZONE or DISTRICTA specifically delineated area as shown on the Official Zoning Map of the City of Union City within which regulations and requirements govern the use, placement, spacing and size of land and buildings.
ZONING MAPThe map or maps which are part of the Zoning Ordinance as set forth in §
223-35 of this chapter.
ZONING PERMITAn approval issued by the Zoning Officer indicating that the proposed construction work or property development conforms to the requirements of this chapter and any resolutions of approval issued by the Planning Board or Zoning Board of Adjustment.