This chapter shall be known as the "Land Development Ordinance
of the City of Union City."
The purposes of this chapter are to establish a pattern for
the use of land and buildings based on the land use element of the
Master Plan, to implement the Master Plan and to encourage municipal
action to guide the appropriate and orderly development of land in
a manner which will promote the public health, safety, morals and
general welfare of the people. This chapter is intended to:
A.
Regulate
the use of land within zoning districts; secure safety from fire,
flood, panic, and other natural and man-made disasters;
B.
Provide
adequate light, air, and open spaces; limit and restrict buildings
and structures to specified zones and regulate buildings and structures
according to their type and the nature and extent of their use, and
regulate the nature and extent of the use of land for trade, industry,
residence, open space or other purposes;
C.
Regulate
the bulk, height, number of stories, and size of buildings and other
structures;
D.
Avoid a
conflict with the development and general welfare of neighboring municipalities,
the county and the state;
E.
Establish
appropriate population densities and concentrations contributing to
the well-being of persons, neighborhoods, communities and regions
and the preservation of the environment; provide sufficient space
for residential, recreational, commercial and industrial uses and
open space;
F.
Encourage
the location and design of transportation routes which will promote
the free flow of traffic while discouraging the location of such facilities
and routes which result in congestion or blight; promote a desirable
visual environment;
G.
Promote
the conservation of open space and valuable natural resources and
to prevent urban sprawl and degradation of the environment through
improper use of land;
H.
Encourage
coordination of various public and private procedures and activities
shaping land development with a view of lessening the cost of such
development and to the more efficient use of land;
I.
Promote
utilization of renewable energy resources; and
J.
Promote
the maximum practicable recovery and recycling of recyclable materials
from municipal solid waste through the use of planning practices designed
to incorporate the State Recycling Plan goals and to complement municipal
recycling programs.
The Land Development Ordinance of the City of Union City consists of text maps and schedules set forth in Chapter 223 of the Code of the City of Union City, New Jersey or referred to therein.
Uses are regulated in the text and within the Schedule of Bulk
Regulations. Some are permitted by right and some may or may not be
permitted under certain conditions laid down by the approving authority.
A.
All uses not expressly permitted in this chapter are prohibited.
B.
Any use, building or structure legally existing at the time of the
enactment of this chapter, as determined by the enforcing agency,
may be continued even though such use, building or structure may not
conform to the provisions of this chapter for the zone in which it
is located, except as otherwise specified for nonconforming uses,
structures, sites or lots.
D.
Areas in which different regulations operate (districts or zones) are shown on the Zoning Map.[2]
[2]
Editor's Note: A copy of the Zoning Map is attached to this chapter.
E.
All provisions are minimum unless otherwise stated or clearly maximum
by context. They apply with equal force to initial construction and
subsequent modification or addition.
F.
Related facilities, such as yards and parking, cannot be attributed
more than once to structures; e.g., a side yard belongs to the house
on its lot and cannot also serve the house on the adjacent lot.
G.
In order to avoid their repetition in the text for each zone, matters
pertaining to all zones are covered in individual sections.
H.
It shall be the duty of the Zoning Officer to administer and enforce
the provisions of this chapter. No building permit shall be issued
unless the plans are accompanied by an approved zoning permit. No
zoning permit shall be issued unless the proposed structure, use,
temporary activity, or construction activity is in compliance with
this chapter or is a valid prior nonconforming use. In cases involving
the new use of an existing structure, no certificate of occupancy
for the new tenant shall be issued until a zoning permit has been
issued.
I.
Amendments may be made from time to time in accordance with applicable
requirements.
A.
Scope of meaning of certain terms. Unless the context clearly indicates
the contrary, words used in the present tense include the future;
the singular number includes the plural; and the plural, the singular.
B.
For the purpose of this chapter, certain terms and words are defined
as follows:
(1)
The word "shall" is mandatory and not directory; the word "may" is
permissive.
(2)
The word "lot" includes the word "plot."
(3)
The word "structure" includes the word "building."
(4)
The term "erected" shall be deemed to include "constructed," "structurally
altered," "enlarged" or "moved."
(5)
The word "use" and the word "used" refer to any purpose for which
a lot or land or part thereof is arranged, intended or designed to
be used, occupied, maintained, made available or offered for use and
to any purpose for which a building or structure or part thereof is
arranged, intended or designed to be used, occupied, maintained, made
available or offered for use or erected, reconstructed, altered, enlarged,
moved or rebuilt with the intention or design or using the same.
(6)
The word "person" shall be deemed to include persons, corporations
or partnerships where appropriate.
C.
ABANDONMENT
ABUT
ACCESS
ACCESSORY BUILDING
ACCESSORY STRUCTURE
ACCESSORY USE
ADAPTIVE REUSE
ADDITION
ADJOINING LOT OR LAND
ADMINISTRATIVE OFFICER
AIR RIGHTS
AISLE or PARKING AISLE
ALLEY
ALTERATIONS
AMATEUR RADIO OR TELEVISION TOWER
AMENDMENT, ZONING
ANTENNA, RADIO AND TELEVISION
APARTMENT
APARTMENT BUILDING
APARTMENT BUILDING, LOW-RISE
APARTMENT BUILDING, MID-RISE
APARTMENT BUILDING, HIGH-RISE
APPLICANT
APPLICATION FOR DEVELOPMENT
APPROVED PLAN
APPROVING AUTHORITY
ARCHITECTURAL ELEVATION
AS-BUILT PLAN
ASSISTED LIVING FACILITY
ATTACHED SINGLE-FAMILY DWELLING
ATTIC
AUDIO, RADIO, VIDEO AND TELEVISION STATION AND STUDIO
AUTOMATED TELLER MACHINE or ATM
AUTOMOBILE
AUTOMOBILE AND/OR TRUCK BODY REPAIR SHOP
AUTOMOBILE PARTS AND SUPPLY STORE
AUTOMOBILE REPAIR SHOP
AUTOMOBILE STORAGE YARD
AUTOMOBILE SUPPLY AND SERVICE STORE
AWNING
AWNING OR CANOPY, RETRACTABLE
BANNER
BANK
BANK, DRIVE-THROUGH
BANK, DRIVE-THRU
BAR
BASEMENT
BEDROCK
BEDROOM
BERM
BILLBOARD
BLOCK
BOARD OF COMMISSIONERS
BOARDER
BOARDING- , LODGING OR ROOMING HOUSE
BOUNDARY
BUFFER or BUFFER AREA
BUILDING
BUILDING, ACCESSORY
BUILDING AREA
BUILDING COVERAGE
BUILDING HEIGHT
BUILDING, HISTORIC
BUILDING LINE
BUILDING PERMIT
BUILDING, PRINCIPAL
BUILDING SETBACK LINE
CABARET or NIGHTCLUB
CALIPER
CANOPY
CANOPY SIGN
CARNIVAL
CARPORT
CAR WASH
CATERING FACILITY
CELLAR
CHANGE OF USE
CHECK CASHING STORE
CHILD-CARE CENTER
CHURCH
CITY
CITY CLERK
CIVIC USE
CLIFF FACE
CLINIC, MEDICAL OR DENTAL
CLUB
COMMERCIAL RECREATION USE, INDOOR
COMMERCIAL SCHOOL
COMMERCIAL VEHICLE
COMMON OPEN SPACE
COMMUNITY CENTER
CONCEPT PLAN
CONCEPT REVIEW
CONDITIONAL USE
CONDOMINIUM
CONFORMING APPLICATION OR PLAN
CONGREGATE CARE FACILITY
CONTIGUOUS
CONVENIENCE STORE
COUNTY
COURT or COURTYARD
CROSS SECTION
CUL-DE-SAC or CUL-DE-SAC STREET
CURB
CURB CUT
CUT AND FILL
DEAD END of DEAD-END STREET
DECK
DEED RESTRICTION or RESTRICTIVE COVENANT
DENSITY
DENTAL CLINIC
DENTAL OFFICE
DEPTH, LOT
DEVELOPABLE AREA
DEVELOPER
DEVELOPMENT
DISTRICT
DRAINAGE
DRIVE-IN ESTABLISHMENT
DRIVE-IN RESTAURANT
DRIVE-THROUGH OR DRIVE-THRU BANK
DRIVE-THROUGH OR DRIVE-THRU RESTAURANT
DRIVEWAY
DRY-CLEANING ESTABLISHMENT
DRY-CLEANING PLANT
DWELLING
DWELLING, MULTIFAMILY OR MULTIPLE-FAMILY
DWELLING, ONE-FAMILY
DWELLING, THREE-FAMILY
DWELLING, TOWNHOUSE
DWELLING, TWO-FAMILY
DWELLING UNIT
EASEMENT
EATING AND DRINKING ESTABLISHMENT
ELEVATION
ELEVATION, ARCHITECTURAL
ELEVATION, GRADE
ENLARGEMENT
ENFORCING AGENCY
ERECT
EVERGREEN
EXISTING GRADE or EXISTING ELEVATION
FACADE
FACING
FAMILY
FAMILY DAY-CARE HOME
FAST-FOOD RESTAURANT
FENCE
FLAG LOT or FLAGPOLE LOT
FLOOD HAZARD AREA
FLOOR AREA OF A BUILDING, GROSS
FLOOR AREA RATIO (FAR) OF A BUILDING
FLOOR, MEZZANINE
FOOD AND BEVERAGE STORE
FREESTANDING SIGN
FRONTAGE
FRONT LOT LINE
FRONT OF A STRUCTURE
FRONT YARD
GARAGE, PRIVATE
GARAGE, PUBLIC
GARAGE, REPAIR SHOP
GASOLINE SERVICE STATION
GOVERNMENT USE
GRADE or GRADIENT
GRADE ELEVATION
GREYFIELD
GREYFIELD REDEVELOPMENT
GROSS FLOOR AREA
GROUND AREA OF A BUILDING
GUARANTEE
HEALTH CARE FACILITY, RESIDENTIAL
HEALTH CLUB or GYMNASIUM
HEAVY INDUSTRIAL
HEIGHT OF BUILDING
HOME OCCUPATION
HOME OCCUPATION, MAJOR
HOME OCCUPATION, MINOR
HOMEOWNERS' ASSOCIATION
HOSPITAL
HOSPITAL, VETERINARY
HOTEL
HOUSE
HOUSEHOLD
IMPERVIOUS SURFACE
IMPROVEMENT
IMPROVEMENT, OFF-SITE
INDOOR COMMERCIAL RECREATIONAL USE
INDUSTRIAL, LIGHT
INFORMAL REVIEW or CONCEPT REVIEW
INSTITUTIONAL USE
INTERIOR LOT
LABORATORIES
LANDSCAPED AREA
LANDSCAPING
LAUNDROMAT
LIGHT INDUSTRIAL
LIVE ENTERTAINMENT
LIVE/WORK UNIT
LOADING BERTH
LOADING, OFF-STREET
LOADING SPACE OR BERTH
LODGING HOUSE
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT, FLAG or FLAGPOLE LOT
LOT, INTERIOR
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT, THROUGH
LOT WIDTH
LOT, NONCONFORMING
MAINTENANCE GUARANTEE
MARQUEE
MASSAGE ESTABLISHMENT
MASTER PLAN
MEDICAL OFFICE
MEDICAL OR DENTAL CLINIC
MEDIUM INDUSTRIAL
MEZZANINE
MIXED-USE BUILDING
MOTEL or MOTOR HOTEL
MOTOR VEHICLE USES
MUNICIPAL USE
NADIR
NIGHTCLUB
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NURSING HOME
OFFICE
OFFICE, MEDICAL
OFF-SITE OR OFF-TRACT IMPROVEMENT
OFF-SITE PARKING
OFF-STREET LOADING
OFF-STREET PARKING
ON-STREET PARKING
OPEN-AIR MARKET
OPEN SPACE
OPEN SPACE, COMMON
OUTDOOR SALES
OUTDOOR STORAGE
OWNER
PARCEL
PARK or PLAYGROUND
PARKING AISLE
PARKING AREA
PARKING GARAGE
PARKING LOT
PARKING LOT, NONACCESSORY
PARKING, OFF-STREET
PARKING, SHARED
PARKING SPACE
PATIO
PAWN SHOP or PAWNBROKER'S SHOP
PENNANT
PERFORMANCE GUARANTEE
PERMITTED USE
PERSONAL SERVICE ESTABLISHMENT
PLACE OF WORSHIP
PLANNING BOARD
PLAYGROUND
PLOT
PORCH
PRINCIPAL BUILDING
PRINCIPAL USE
PRIVATE PARKING GARAGE
PRIVATE STREET
PRIVATE SWIMMING POOL
PROFILE or CROSS SECTION
PROHIBITED USE
PROJECTION
PROPERTY
PUBLIC PARKING GARAGE
PUBLIC OR PRIVATE UTILITY
RADIO ANTENNA
RADIO STATION or STUDIO
RADIO TOWER, AMATEUR
RECONSTRUCTION
RECREATION USE OR FACILITY
RECREATION VEHICLE
REFERENCE LEVEL
REGOLITH
RENOVATION
REQUIRED SETBACK LINE
REQUIRED YARD
RESIDENCE
RESIDENTIAL HEALTH CARE FACILITY
RESIDENTIAL USE
RESTAURANT
RESTAURANT, DRIVE-IN
RESTAURANT, DRIVE-THROUGH
RESTAURANT, DRIVE-THRU
RESTAURANT, FAST-FOOD
RETAIL SALES ESTABLISHMENT
RETRACTABLE AWNING OR CANOPY
RIGHT-OF-WAY
RIGHT-OF-WAY LINE
ROOMING HOUSE
ROW HOUSE or ATTACHED SINGLE-FAMILY DWELLING
SATELLITE ANTENNA
SCHOOL
SCREENING
SELF-STORAGE FACILITY
SETBACK
SHADE TREE
SHED
SIDE SLOPE
SIDE YARD
SIGN
SIGN, AREA
SIGN, BILLBOARD
SIGN, BUILDING
SIGN, BUSINESS OR NONRESIDENTIAL
SIGN, CANOPY
SIGN, FREESTANDING
SIGN, HANGING
SIGN, ILLUMINATED
SIGN, INCIDENTAL
SIGN, LIGHT BOX
SIGN, MAINTENANCE
SIGN, MONUMENT
SIGN, POLITICAL
SIGN, PORTABLE
SIGN, PROJECTING
SIGN, RESIDENTIAL
SIGN, ROOF
SIGN, TEMPORARY
SIGN, WALL
SIGN, WINDOW or SIGN, WINDOW DISPLAY
SITE PLAN
SITE PLAN, EXEMPT
(1)
(a)
(b)
(c)
(d)
(2)
SLOPE
SLUMP BLOCK
STEEP SLOPE
STORAGE FACILITY
STORAGE FACILITY, SELF-SERVICE
STORAGE, OUTDOOR
STORY
STORY, HALF
STREET-FACING SETBACK
STREET LINE or RIGHT-OF-WAY LINE
STREETSCAPE
STRUCTURAL ALTERATION
STRUCTURE
STRUCTURE, ACCESSORY
STRUCTURE, NONCONFORMING
STUDIO
SURFACE
TALUS SLOPE
TENNIS OR SPORTS COURT
THEATER OR MOVIE THEATER
TOP OF CLIFF
TOWNHOUSE or TOWNHOUSE DWELLING
TRACT
TRAILER
TREE, SPECIMEN OR SIGNIFICANT
USE
USE VARIANCE
VETERINARY OFFICE OR HOSPITAL
WALL
WINDOW
WINDOW AREA
WIRELESS TELECOMMUNICATIONS (WT)
WIRELESS TELECOMMUNICATIONS ANTENNA (WT ANTENNA)
WIRELESS TELECOMMUNICATIONS EQUIPMENT (WT EQUIPMENT)
WIRELESS TELECOMMUNICATIONS COMPOUND (WT EQUIPMENT COMPOUND)
WIRELESS TELECOMMUNICATIONS SERVICE PROVIDER (WT SERVICE PROVIDER)
WIRELESS TELECOMMUNICATIONS TECHNOLOGY (WT TECHNOLOGY)
WIRELESS TELECOMMUNICATIONS TOWER (WT TOWER)
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONE or DISTRICT
ZONING AMENDMENT or ZONING MAP AMENDMENT
ZONING BOARD OF ADJUSTMENT
ZONING MAP
ZONING OFFICER
ZONING PERMIT
For the purposes of this chapter, certain words and terms used herein
are defined as follows:
The relinquishment of property, or a cessation of the use
of property, by the owner or lessee for a period of 12 or more consecutive
months.
To physically touch or border upon or to share a common property
line but not overlap. (See also "contiguous.")
A way or means of approach to provide a vehicle or pedestrian
physical entrance to a property. (See also "driveway.")
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 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 development of a new use for an older building or for
a building originally designed for a special or specific purpose.
An extension or increase in floor area or height to an existing
building or structure.
A lot or parcel of land that shares all or part of a common
lot line with another lot or parcel of land.
The Zoning Officer of the City of Union City.
The 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.
The traveled way by which cars enter and depart parking spaces.
A service roadway providing a secondary means of access to
abutting property and not intended for general circulation.
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 structure utilized by a single homeowner to send and/or
receive radio and/or television communications.
See "zoning amendment or Zoning Map amendment."
Antennas used by homeowners to receive radio or television
communications.
An independent, self-contained dwelling unit with its own
sleeping, sanitary and cooking facilities in a building containing
four or more such dwelling units or in a mixed-use building.
A building containing four or more apartments, including
common areas restricted to the use of residents such as laundry rooms,
administrative offices, computer rooms, common rooms, vending machines
and health clubs restricted to the use of residents.
An apartment building containing three or fewer stories.
An apartment building containing from four to six stories.
An apartment building containing seven or more stories.
A person submitting an application for development. (See
also "developer.")
The application form and all accompanying documents and exhibits
required of an applicant by an approving authority for development
review purposes.
A plan that has been granted final approval by the appropriate
approving authority.
The 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.
A 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.
A plan drawn by a professional engineer or registered architect
to scale showing the exact layout and dimensions of an existing completed
structure or building.
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.
See "row house."
That part of a building which is immediately below, and wholly
or partly within, the roof framing.
A building or portion thereof utilized to produce audio,
radio, video or television programs.
Any establishment or device whose purpose is the performance
of financial transactions to a customer without the aid of a teller.
A 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.
An establishment engaged in the repair, service, maintenance
or painting of an automobile and/or truck body, but not wrecking or
salvage.
A 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.
An establishment engaged in furnishing automobile repair,
service or maintenance, but not including body work or painting.
An 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.
A 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.
A 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.
See "retractable awning or canopy."
Any temporary sign applied to paper, plastic, or fabric of
any kind, which may be permitted by the governing body by permit.
A business establishment authorized to perform financial
transactions such as receiving and lending money, but not including
check cashing stores or pawnshops.
See "drive-through bank."
See "drive-through bank."
An establishment used primarily for the serving of liquor
by the drink to the general public.
A story partly underground but having at least 1/2 of its
clear height above the average level of the adjoining finished grade.
A basement shall be counted as a story if its ceiling is four or more
feet above the average finished grade at its perimeter.
Continuous solid rock that underlies regolith.
A private room intended or used for sleeping separated from
other rooms by a door or other physical barrier.
A mound of earth used to shield, screen and buffer undesirable
views.
Any sign erected or maintained for the purpose of displaying
outdoor advertising for products or services provided either on or
off premises.
That 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.
The Board of Commissioners of the City of Union City.
An 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.
A dwelling or part thereof in which lodging is provided by
the owner or operator to more than one boarder.
The border or outer physical limit of a lot or property.
An 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.
Any 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."
See "accessory building."
The 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.
The 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.
See "height of a building."
See "historic or landmark site."
A line parallel to the front line and removed from it by
the depth of the required front yard.
Written 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.
See "principal building."
A line parallel to the street line or lot line touching that
part of the building closest to that street line or lot line.
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 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.
The 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.
A 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.
See "sign, canopy."
A 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.
A roofed structure providing space for the parking of motor
vehicles and enclosed on two sides or fewer.
A building or premises used for the washing of automobiles.
See "banquet or catering facility."
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining finished grade
or having less than four feet of clear height above the average level
of the adjoining finished grade.
Any use which is different in use classification, as provided for in Article VI of this chapter, from the previous use.
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.
A 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.
See "place of worship."
The City of Union City, County of Hudson, State of New Jersey.
The Clerk of the City of Union City.
A nongovernmental use whose affairs relate to the City or
its citizens, but not including government or municipal uses as defined
herein.
A sheer, nearly vertical slope of exposed bedrock.
See "medical or dental clinic."
A 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.
See "indoor commercial recreation use."
An 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.
Any motor vehicle licensed by the state as a commercial vehicle.
An 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.
A 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.
A 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.
See "informal review or concept review."
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the zoning provisions of this chapter, and upon the
issuance of an authorization therefor by the Planning Board.
A 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.
An 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.
A facility for ambulatory elderly residents consisting of
apartment 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.
Next to, abutting or touching and having a boundary or portion
thereof that is coterminous. (See also "abut.")
A retail establishment offering for sale prepackaged food
products, household items, newspapers and magazines, and sandwiches
and other freshly prepared foods for off-site consumption.
The County of Hudson of the State of New Jersey.
An 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.
See "profile."
A street with a single common ingress and egress and with
a turnaround at the end. (See also "dead-end street.")
A stone, concrete or other improved boundary marking the
edge of a roadway or paved area.
The opening along the curbline or edge of pavement at which
point vehicles may enter or leave the roadway.
The excavation of rock fragments and mineral grains, including
soil, in one place and the deposit of the material as fill in another
place.
A street with a single common ingress or egress with no turnaround
at the end. (See also "cul-de-sac street.")
An 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.")
A restriction on the use of land as set forth in the deed.
The permitted number of dwelling units per gross acre of
land to be developed.
See "medical or dental clinic."
See "medical office."
See "lot depth."
The area of a lot exclusive of any portion which contains
cliff face.
The 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.")
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, 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.[1]
See "zone or district."
The 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.
Premises constructed for the sale of any goods or services
by means of curb, window-counter, or self-service, for the motoring
public.
[Amended 5-21-2013]
An 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.")
A bank where transactions are made to customers within an
automobile outside the confines of a building.
An 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.
A vehicular way on private property which provides access
to a street or highway. (See also "access.")
A 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.")
An 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.")
A 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.
A building containing four or more dwelling units, each with
its own sleeping, sanitary and cooking facilities.
A building containing one dwelling unit only.
A building containing three dwelling units only.
A 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.")
A building containing two dwelling units only.
A building or portion thereof used for living purposes by
one family and having cooking and sanitary facilities for its exclusive
use.
A 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.")
A 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.")
A vertical distance above or below a fixed reference.
See "architectural elevation."
See "grade elevation."
An increase in the size of an existing structure, building
or use, including the physical size of a property, structure, building,
parking or other improvements.
The 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.
To build, construct, attach, hang, place, suspend or affix,
including, but not limited to, the painting of wall signs.
A plant with foliage that remains green year-round.
The vertical location above some elevation point of the ground
surface prior to excavating or filling.
The exterior walls of a building exposed to public view or
that wall viewed by persons not within the building.
The surface of the sign upon, against or through which the
message is displayed or illuminated on the sign.
A 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.
The 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.).
An 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.
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
See "lot, flag or flagpole lot."
That 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.
See "gross floor area."
The 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.
See "mezzanine."
An 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.
See "sign, freestanding."
That side of a lot abutting a street.
The lot line separating the front of a lot from a street
right-of-way. (See also "street line or right-of-way.")
When erected on a plot abutting on two or more streets, that
abutting side which is so designated on the plot plan by the owner.
A space extending the full width of the lot between any building
and the front lot line.
See "private parking garage."
See "public parking garage."
See "automobile repair shop."
An 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.
The 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.
The percent of rise or descent of a sloping surface, or where
measuring the height of a building, grade is defined as the average
ground elevation of the land around the exterior walls of a building
or structure. (See also "grade elevation.")
The average ground elevation of the land around the exterior
walls of a building or structure.
A vacant building and/or property formerly used for industrial purposes or commercial purposes, as further defined in § 223-43D of this chapter.
The reuse of a greyfield consistent with the conditional use standards of § 223-43D of this chapter.
The 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.
See "building coverage."
See "performance guarantee."
See "residential health care facility."
An establishment that provides facilities for physical exercise
such as aerobics, running, jogging, weight lifting, game courts, swimming
facilities, and accessory saunas, showers, massage rooms and lockers,
within an enclosed building or buildings.
An establishment which involves basic processing and manufacturing
of materials or products predominantly from extracted or raw materials.
(See also "light industrial" and "medium industrial.")
The vertical distance measured from the reference level to
the level of the highest point of the roof beams.
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, 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.")
A home occupation that involves up to two employees other than a resident of the dwelling unit in which the occupation is being conducted. See § 223-43F for additional regulations.
A 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.
An association of homeowners organized to own, maintain,
operate and share the cost of maintaining common facilities and to
enhance and protect their common interests.
An 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.
See "veterinary office or hospital."
A 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.
See "dwelling unit."
A 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.
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
Any permanent structure that becomes part of, placed upon,
or is affixed to real estate.
See "off-site improvement."
A 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.")
See "light industrial."
A 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.
A 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.
A lot other than a corner lot. (See also "corner lot" and
"through lot.")
An establishment or part thereof equipped and used for experimental
study, testing or analysis in a field of science.
Areas 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.
Lawns, trees, plants and other natural materials such as
rock and wood chips, and decorative features, including sculpture,
patterned walks, fountains and pools.
A business premises equipped with individual clothes-washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment building or hotel.
An establishment engaged in light nonnuisance fabrication
or the assembly, packaging, storage and distribution of products from
finished products or parts.
Any form of entertainment which is performed in person before
an attending audience.
An apartment designed to provide space in which to conduct
a business or trade, including offices, studios, crafts workshop area
or laboratory space.
See "loading space or berth."
See "off-street loading."
An off-street space or berth used for the loading or unloading
of cargo, products or materials from vehicles.
See "boarding- , lodging or rooming house."
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
An 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."
A lot at the junction of and abutting on two or more intersecting
streets when the interior angle of intersection does not exceed on
135°.
The area of the lot covered by impervious surfaces, including
buildings and other structures.
The 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.
A 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.
See "interior lot."
The 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.
The 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.
The lot line which is more distant from and most nearly parallel
to the front lot line.
Any lot line which is not a front or rear lot line.
An interior lot which fronts upon two parallel streets or
which fronts upon two streets which do not intersect at the boundaries
of the lot.
The mean width of any lot, measured at right angles to its
depth.
See "nonconforming lot."
A 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.
A 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.
Any 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 primarily source of revenue through the administration
of massages.
The current Master Plan of the City of Union City adopted
in accordance with the requirements of N.J.S.A. 40:55D-28.
The office of recognized medical practitioners, including
but not limited to doctors, dentists, dental surgeons, veterinarians,
chiropractors, podiatrists, psychologists, and licensed therapists.
An 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.
An 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.")
An 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.
A building containing nonresidential use on the ground floor
and residential use on upper floors.
A 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.
Any 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.
Any use of land, building or structure by the City of Union
City or an agency thereof.
The lowest point.
See "cabaret or nightclub."
A 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.")
A 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.")
A 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.")
An 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.
A 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.
See "medical office."
Improvements 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.
Parking provided for a specific use but located on a site
other than the one on which the specific use is located.
Designated areas located adjacent to buildings where trucks
may load and unload cargo. (See also "loading space or berth.")
Parking for a motor vehicle not located within a street right-of-way.
(See also "on-street parking.")
Parking for motor vehicles located within a street right-of-way.
(See also "off-street parking.")
A public marketplace where food and merchandise is sold.
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, occupants
and their guests, of land adjoining or adjacent to such open space.
See "common open space."
The 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.
[Added 12-3-2013 by Ord. No. 29-2013]
The 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.
Owner of real property.
A 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.")
A tract of land designated and used by the public for active
and passive recreation.
See "aisle or parking aisle."
Any 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.
See "private parking garage" and "public parking garage."
An unenclosed parking area for the parking of vehicles.
A parking lot that is the principal use of a property and
is not an accessory use to any other use.
See "off-street parking."
Any 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.
A space conforming to applicable standards of this chapter
for the parking of a motor vehicle within a parking area.
A 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.")
An establishment in which the proprietor lends money on the
security of personal property pledged in his or her keeping.
Any 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.
A 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.
A use of a building or land that conforms with the provisions
of this chapter.
An 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.
A 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.
The Planning Board of the City of Union City.
See "park or playground."
See "lot."
A 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.")
A building in which is conducted the principal use of the
lot on which it is located.
The primary or predominant use of any lot, parcel, structure
or building.
A 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.
A 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.
A 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.
A drawing or side or sectional elevation showing the vertical
elements of a structure from below ground through the top of the structure.
A 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.
An extension of a building which protrudes or juts out from
the vertical plane of the building.
A lot, parcel or tract of land together with the building
and structures located thereon. (See also "lot, parcel" and "tract.")
A 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.
Any 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.
See "antenna, radio or television."
See "audio, radio, video and "television station and studio."
See amateur radio or television tower. (See also "telecommunications
tower.")
Any 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.
A place designed and equipped for the conduct of sports and
leisure time activities.
A 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.
The 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.
The noncemented rock fragments and mineral grains, including
soil, which overlie bedrock.
The 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.
That 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.
The 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.
A home, abode or place where an individual or household is
actually living at a specific point in time.
Any 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.
Any use in which one or more dwelling units or residences
are present.
An 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.")
See "drive-in restaurant."
See "drive-through restaurant."
See "drive-through restaurant."
See "fast-food restaurant."
An 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.
An awning or canopy that may be retracted by mechanical means
so as not to project beyond the front facade of a building.
An easement for ingress and egress, sometimes together with
the right to maintain utilities within the easement area. (See also
"easement.")
See "street line or right-of-way line."
See "boarding- , lodging or rooming house" and "border."
See "dwelling, townhouse."
Any 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).
Any 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.
A 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.")
A 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.
The 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.
A tree with a minimum caliper of 2 1/2 inches, usually deciduous,
planted primarily for overhead canopy.
A small, fully-enclosed structure for storage. (See also
"accessory structure.")
The section of a slope that is below the talus slope and
generally of moderate or lesser gradient than the talus slope or cliff
face.
A space extending from the front yard to the rear yard between
the principal building and the side lot line.
Any 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.
The 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.
See "billboard."
Any sign attached to any part of a building, as contrasted
to a freestanding sign.
A 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.
Any 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.
Any 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.
See "sign, projecting."
Any sign which has characters, letters, figures, designs
or outlines illuminated by electric lights or luminous tubes as a
part of the sign.
A 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.
A permanent wall-mounted sign with an exposed frame, a flat
translucent face and internal illumination.
Includes 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.
A freestanding sign, other than a pole sign, in which the
entire bottom is in contact with or is close to the ground.
Any sign, notice, poster or other device calculated to convey
a pre-election 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.
Any 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.
A 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.
Any 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.[2]
Any 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.
Any 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.
Any 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.
Includes all signs, as defined herein, which are situated within 12 inches of the window surface. Window signage is subject to § 223-45C(3).
[Amended 5-21-2013]
A 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.
[Amended 12-17-2013]
Site plan approval shall not be required for the following:
Individual lot applications for new detached one- or two-dwelling-unit
buildings as required by N.J.S.A. 40:55D-37;
The conversion, creation or legalization of units within preexisting dwellings, provided that the total number of units resulting from the conversion, creation or legalization i) do not exceed three in number; and ii) are permitted by the provisions of Chapter 223 of the City Code;
Building alterations which do not involve a change in use, additional
parking, or additional building area; and
Changes in use which do not require additional parking.
Any dwellings, units and/or properties exempt from the site
plan requirements of the City Code shall be required to comply with
any and all provisions of the Uniform Construction Code and the Uniform
Fire Code, all necessary permits shall be obtained, and a certificate
of occupancy shall be required therefor.
The inclination of the surface of land from the horizontal.
Unstable areas of very steep slope with tendency for vertical
separation.
Slopes greater than 15% to be developed in accordance with
Palisades Preservation Overlay District provisions herein.[3]
An establishment engaged in the storage of goods, products
or materials primarily for business or industrial purposes.
See "mini-warehouse or self-service storage facility."
See "outdoor storage."
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it. A basement shall be counted as a story if its ceiling
is four or more feet above the average finished grade at its perimeter.
An attic having, when within its space, possible floor area with headroom
of seven feet six inches or greater over 75% or more of the story
directly beneath shall be considered a story.
[Amended 5-21-2013]
Any space partially within the roof framing where the possible
floor area with headroom of five feet or greater occupies less than
75% of the story directly beneath.
[Amended 5-21-2013; 1-5-2016]
The 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.
The dividing line between the street and a lot.
A 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.
See "alterations."
A 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.")
See "accessory structure."
See "nonconforming structure."
The workshop of an artist, sculptor, photographer or craftsperson
or a place where radio, television or movies are produced. (See also
"live/work unit.")
See "facing."
The apron, cone or embankment of rock waste sloping outward
from the base of the cliff face that is the course of the rock waste.
A 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.
A 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.
The portion of a slope located above the cliff face, overlain
with regolith, and generally known as the plateau or hill crest.
See "dwelling, townhouse."
An area, parcel, site, piece of land or property that is
the subject of a development application. (See also "lot" and "parcel.")
A 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.
Any 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.
The specific purpose for which land, building or structure
is designed or arranged for which it is or may be occupied or maintained.
The 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.
An 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.
A 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.
Includes 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 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.
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.
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.
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.
The area which houses any combination of WT equipment.
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.
Collectively, refers to all WT antennas, WT equipment, WT
equipment compound and WT towers.
A vertical structure which is or may be used to support any
WT antenna or other WT equipment, whether freestanding or attached
to any existing structure.
An 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.
A 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.
A 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.
A 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.
A 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.
An alteration of or addition to the text of the Zoning Ordinance or Zoning Map by the City of Union City.
The Zoning Board of Adjustment of the City of Union City.
The map or maps which are part of the Zoning Ordinance as set forth in § 223-35 of this chapter.
The Zoning Officer of the City of Union City.
An 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.