Union City, NJ Article I General Provisions

§ 223-1 Title.

This chapter shall be known as the "Land Development Ordinance of the City of Union City."

§ 223-2 Purpose.

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.

§ 223-3 Contents.

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.

§ 223-4 Explanatory preface.

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.

C. Building location and dimensions are regulated by the Schedule of Bulk Regulations.[1]

[1] Editor's Note: The Schedule of Bulk Regulations is attached to this chapter.

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.

§ 223-5 Definitions.

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. For the purposes of this chapter, certain words and terms used herein are defined as follows:

ABANDONMENT

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.

ABUT

To physically touch or border upon or to share a common property line but not overlap. (See also "contiguous.")

ACCESS

A way or means of approach to provide a vehicle or pedestrian physical entrance to a property. (See also "driveway.")

ACCESSORY BUILDING

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.")

ACCESSORY STRUCTURE

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.")

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.")

ADAPTIVE REUSE

The development of a new use for an older building or for a building originally designed for a special or specific purpose.

ADDITION

An extension or increase in floor area or height to an existing building or structure.

ADJOINING LOT OR LAND

A lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.

ADMINISTRATIVE OFFICER

The Zoning Officer of the City of Union City.

AIR RIGHTS

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.

AISLE or PARKING AISLE

The traveled way by which cars enter and depart parking spaces.

ALLEY

A service roadway providing a secondary means of access to abutting property and not intended for general circulation.

ALTERATIONS

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.

AMATEUR RADIO OR TELEVISION TOWER

A structure utilized by a single homeowner to send and/or receive radio and/or television communications.

AMENDMENT, ZONING

See "zoning amendment or Zoning Map amendment."

ANTENNA, RADIO AND TELEVISION

Antennas used by homeowners to receive radio or television communications.

APARTMENT

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.

APARTMENT 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.

APARTMENT BUILDING, LOW-RISE

An apartment building containing three or fewer stories.

APARTMENT BUILDING, MID-RISE

An apartment building containing from four to six stories.

APARTMENT BUILDING, HIGH-RISE

An apartment building containing seven or more stories.

APPLICANT

A person submitting an application for development. (See also "developer.")

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents and exhibits required of an applicant by an approving authority for development review purposes.

APPROVED PLAN

A plan that has been granted final approval by the appropriate approving authority.

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.

ARCHITECTURAL ELEVATION

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.

AS-BUILT PLAN

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.

ASSISTED LIVING FACILITY

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.

ATTACHED SINGLE-FAMILY DWELLING

See "row house."

ATTIC

That part of a building which is immediately below, and wholly or partly within, the roof framing.

AUDIO, RADIO, VIDEO AND TELEVISION STATION AND STUDIO

A building or portion thereof utilized to produce audio, radio, video or television programs.

AUTOMATED TELLER MACHINE or ATM

Any establishment or device whose purpose is the performance of financial transactions to a customer without the aid of a teller.

AUTOMOBILE

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.

AUTOMOBILE AND/OR TRUCK BODY REPAIR SHOP

An establishment engaged in the repair, service, maintenance or painting of an automobile and/or truck body, but not wrecking or salvage.

AUTOMOBILE PARTS AND SUPPLY STORE

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.

AUTOMOBILE REPAIR SHOP

An establishment engaged in furnishing automobile repair, service or maintenance, but not including body work or painting.

AUTOMOBILE STORAGE YARD

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.

AUTOMOBILE SUPPLY AND SERVICE STORE

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.

AWNING

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.

AWNING OR CANOPY, RETRACTABLE

See "retractable awning or canopy."

BANNER

Any temporary sign applied to paper, plastic, or fabric of any kind, which may be permitted by the governing body by permit.

BANK

A business establishment authorized to perform financial transactions such as receiving and lending money, but not including check cashing stores or pawnshops.

BANK, DRIVE-THROUGH

See "drive-through bank."

BANK, DRIVE-THRU

See "drive-through bank."

BAR

An establishment used primarily for the serving of liquor by the drink to the general public.

BASEMENT

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.

BEDROCK

Continuous solid rock that underlies regolith.

BEDROOM

A private room intended or used for sleeping separated from other rooms by a door or other physical barrier.

BERM

A mound of earth used to shield, screen and buffer undesirable views.

BILLBOARD

Any sign erected or maintained for the purpose of displaying outdoor advertising for products or services provided either on or off premises.

BLOCK

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.

BOARD OF COMMISSIONERS

The Board of Commissioners of the City of Union City.

BOARDER

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.

BOARDING- , LODGING OR ROOMING HOUSE

A dwelling or part thereof in which lodging is provided by the owner or operator to more than one boarder.

BOUNDARY

The border or outer physical limit of a lot or property.

BUFFER or BUFFER AREA

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.

BUILDING

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."

BUILDING, ACCESSORY

See "accessory building."

BUILDING AREA

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.

BUILDING COVERAGE

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.

BUILDING HEIGHT

See "height of a building."

BUILDING, HISTORIC

See "historic or landmark site."

BUILDING LINE

A line parallel to the front line and removed from it by the depth of the required front yard.

BUILDING PERMIT

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.

BUILDING, PRINCIPAL

See "principal building."

BUILDING SETBACK LINE

A 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 NIGHTCLUB

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.

CALIPER

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.

CANOPY

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.

CANOPY SIGN

See "sign, canopy."

CARNIVAL

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.

CARPORT

A roofed structure providing space for the parking of motor vehicles and enclosed on two sides or fewer.

CAR WASH

A building or premises used for the washing of automobiles.

CATERING FACILITY

See "banquet or catering facility."

CELLAR

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.

CHANGE OF USE

Any use which is different in use classification, as provided for in Article VI of this chapter, from the previous use.

CHECK CASHING STORE

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.

CHILD-CARE CENTER

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.

CHURCH

See "place of worship."

CITY

The City of Union City, County of Hudson, State of New Jersey.

CITY CLERK

The Clerk of the City of Union City.

CIVIC USE

A nongovernmental use whose affairs relate to the City or its citizens, but not including government or municipal uses as defined herein.

CLIFF FACE

A sheer, nearly vertical slope of exposed bedrock.

CLINIC, MEDICAL OR DENTAL

See "medical or dental clinic."

CLUB

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.

COMMERCIAL RECREATION USE, INDOOR

See "indoor commercial recreation use."

COMMERCIAL SCHOOL

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.

COMMERCIAL VEHICLE

Any motor vehicle licensed by the state as a commercial vehicle.

COMMON OPEN SPACE

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.

COMMUNITY CENTER

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.

CONCEPT PLAN

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.

CONCEPT REVIEW

See "informal review or concept review."

CONDITIONAL USE

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.

CONDOMINIUM

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.

CONFORMING APPLICATION OR PLAN

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.

CONGREGATE CARE FACILITY

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.

CONTIGUOUS

Next to, abutting or touching and having a boundary or portion thereof that is coterminous. (See also "abut.")

CONVENIENCE STORE

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.

COUNTY

The County of Hudson of the State of New Jersey.

COURT or COURTYARD

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.

CROSS SECTION

See "profile."

CUL-DE-SAC or CUL-DE-SAC STREET

A street with a single common ingress and egress and with a turnaround at the end. (See also "dead-end street.")

CURB

A stone, concrete or other improved boundary marking the edge of a roadway or paved area.

CURB CUT

The opening along the curbline or edge of pavement at which point vehicles may enter or leave the roadway.

CUT AND FILL

The 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 of DEAD-END STREET

A street with a single common ingress or egress with no turnaround at the end. (See also "cul-de-sac street.")

DECK

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.")

DEED RESTRICTION or RESTRICTIVE COVENANT

A restriction on the use of land as set forth in the deed.

DENSITY

The permitted number of dwelling units per gross acre of land to be developed.

DENTAL CLINIC

See "medical or dental clinic."

DENTAL OFFICE

See "medical office."

DEPTH, LOT

See "lot depth."

DEVELOPABLE AREA

The area of a lot exclusive of any portion which contains cliff face.

DEVELOPER

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.")

DEVELOPMENT

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]

DISTRICT

See "zone or district."

DRAINAGE

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.

DRIVE-IN ESTABLISHMENT

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]

DRIVE-IN RESTAURANT

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.")

DRIVE-THROUGH OR DRIVE-THRU BANK

A bank where transactions are made to customers within an automobile outside the confines of a building.

DRIVE-THROUGH OR DRIVE-THRU RESTAURANT

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.

DRIVEWAY

A vehicular way on private property which provides access to a street or highway. (See also "access.")

DRY-CLEANING ESTABLISHMENT

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.")

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.")

DWELLING

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.

DWELLING, MULTIFAMILY OR MULTIPLE-FAMILY

A building containing four or more dwelling units, each with its own sleeping, sanitary and cooking facilities.

DWELLING, ONE-FAMILY

A building containing one dwelling unit only.

DWELLING, THREE-FAMILY

A building containing three dwelling units only.

DWELLING, TOWNHOUSE

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.")

DWELLING, TWO-FAMILY

A building containing two dwelling units only.

DWELLING UNIT

A building or portion thereof used for living purposes by one family and having cooking and sanitary facilities for its exclusive use.

EASEMENT

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.")

EATING AND DRINKING ESTABLISHMENT

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.")

ELEVATION

A vertical distance above or below a fixed reference.

ELEVATION, ARCHITECTURAL

See "architectural elevation."

ELEVATION, GRADE

See "grade elevation."

ENLARGEMENT

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.

ENFORCING AGENCY

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.

ERECT

To build, construct, attach, hang, place, suspend or affix, including, but not limited to, the painting of wall signs.

EVERGREEN

A plant with foliage that remains green year-round.

EXISTING GRADE or EXISTING ELEVATION

The vertical location above some elevation point of the ground surface prior to excavating or filling.

FACADE

The exterior walls of a building exposed to public view or that wall viewed by persons not within the building.

FACING

The surface of the sign upon, against or through which the message is displayed or illuminated on the sign.

FAMILY

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.

FAMILY DAY-CARE HOME

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.).

FAST-FOOD RESTAURANT

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.

FENCE

An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

FLAG LOT or FLAGPOLE LOT

See "lot, flag or flagpole lot."

FLOOD HAZARD AREA

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.

FLOOR AREA OF A BUILDING, GROSS

See "gross floor area."

FLOOR AREA RATIO (FAR) OF A BUILDING

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.

FLOOR, MEZZANINE

See "mezzanine."

FOOD AND BEVERAGE STORE

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.

FREESTANDING SIGN

See "sign, freestanding."

FRONTAGE

That side of a lot abutting a street.

FRONT LOT LINE

The lot line separating the front of a lot from a street right-of-way. (See also "street line or right-of-way.")

FRONT OF A STRUCTURE

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.

FRONT YARD

A space extending the full width of the lot between any building and the front lot line.

GARAGE, PRIVATE

See "private parking garage."

GARAGE, PUBLIC

See "public parking garage."

GARAGE, REPAIR SHOP

See "automobile repair shop."

GASOLINE SERVICE STATION

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.

GOVERNMENT USE

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.

GRADE or GRADIENT

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.")

GRADE ELEVATION

The average ground elevation of the land around the exterior walls of a building or structure.

GREYFIELD

A vacant building and/or property formerly used for industrial purposes or commercial purposes, as further defined in § 223-43D of this chapter.

GREYFIELD REDEVELOPMENT

The reuse of a greyfield consistent with the conditional use standards of § 223-43D of this chapter.

GROSS FLOOR AREA

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.

GROUND AREA OF A BUILDING

See "building coverage."

GUARANTEE

See "performance guarantee."

HEALTH CARE FACILITY, RESIDENTIAL

See "residential health care facility."

HEALTH CLUB or GYMNASIUM

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.

HEAVY INDUSTRIAL

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.")

HEIGHT OF BUILDING

The vertical distance measured from the reference level to the level of the highest point of the roof beams.

HOME OCCUPATION

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.")

HOME OCCUPATION, MAJOR

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.

HOME OCCUPATION, MINOR

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.

HOMEOWNERS' ASSOCIATION

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.

HOSPITAL

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.

HOSPITAL, VETERINARY

See "veterinary office or hospital."

HOTEL

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.

HOUSE

See "dwelling unit."

HOUSEHOLD

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.

IMPERVIOUS SURFACE

A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

IMPROVEMENT

Any permanent structure that becomes part of, placed upon, or is affixed to real estate.

IMPROVEMENT, OFF-SITE

See "off-site improvement."

INDOOR COMMERCIAL RECREATIONAL USE

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.")

INDUSTRIAL, LIGHT

See "light industrial."

INFORMAL REVIEW or CONCEPT REVIEW

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.

INSTITUTIONAL USE

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.

INTERIOR LOT

A lot other than a corner lot. (See also "corner lot" and "through lot.")

LABORATORIES

An establishment or part thereof equipped and used for experimental study, testing or analysis in a field of science.

LANDSCAPED AREA

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.

LANDSCAPING

Lawns, trees, plants and other natural materials such as rock and wood chips, and decorative features, including sculpture, patterned walks, fountains and pools.

LAUNDROMAT

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.

LIGHT INDUSTRIAL

An establishment engaged in light nonnuisance fabrication or the assembly, packaging, storage and distribution of products from finished products or parts.

LIVE ENTERTAINMENT

Any form of entertainment which is performed in person before an attending audience.

LIVE/WORK UNIT

An apartment designed to provide space in which to conduct a business or trade, including offices, studios, crafts workshop area or laboratory space.

LOADING BERTH

See "loading space or berth."

LOADING, OFF-STREET

See "off-street loading."

LOADING SPACE OR BERTH

An off-street space or berth used for the loading or unloading of cargo, products or materials from vehicles.

LODGING HOUSE

See "boarding- , lodging or rooming house."

LOT

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

LOT AREA

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."

LOT, CORNER

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°.

LOT COVERAGE

The area of the lot covered by impervious surfaces, including buildings and other structures.

LOT DEPTH

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.

LOT, FLAG or FLAGPOLE LOT

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.

LOT, INTERIOR

See "interior lot."

LOT LINE

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.

LOT LINE, FRONT

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.

LOT LINE, REAR

The lot line which is more distant from and most nearly parallel to the front lot line.

LOT LINE, SIDE

Any lot line which is not a front or rear lot line.

LOT, THROUGH

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.

LOT WIDTH

The mean width of any lot, measured at right angles to its depth.

LOT, NONCONFORMING

See "nonconforming lot."

MAINTENANCE GUARANTEE

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.

MARQUEE

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.

MASSAGE ESTABLISHMENT

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.

MASTER PLAN

The current Master Plan of the City of Union City adopted in accordance with the requirements of N.J.S.A. 40:55D-28.

MEDICAL OFFICE

The office of recognized medical practitioners, including but not limited to doctors, dentists, dental surgeons, veterinarians, chiropractors, podiatrists, psychologists, and licensed therapists.

MEDICAL OR DENTAL CLINIC

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.

MEDIUM INDUSTRIAL

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.")

MEZZANINE

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.

MIXED-USE BUILDING

A building containing nonresidential use on the ground floor and residential use on upper floors.

MOTEL or MOTOR HOTEL

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.

MOTOR VEHICLE USES

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.

MUNICIPAL USE

Any use of land, building or structure by the City of Union City or an agency thereof.

NADIR

The lowest point.

NIGHTCLUB

See "cabaret or nightclub."

NONCONFORMING LOT

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.")

NONCONFORMING STRUCTURE

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.")

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.")

NURSING HOME

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.

OFFICE

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.

OFFICE, MEDICAL

See "medical office."

OFF-SITE OR OFF-TRACT IMPROVEMENT

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.

OFF-SITE PARKING

Parking provided for a specific use but located on a site other than the one on which the specific use is located.

OFF-STREET LOADING

Designated areas located adjacent to buildings where trucks may load and unload cargo. (See also "loading space or berth.")

OFF-STREET PARKING

Parking for a motor vehicle not located within a street right-of-way. (See also "on-street parking.")

ON-STREET PARKING

Parking for motor vehicles located within a street right-of-way. (See also "off-street parking.")

OPEN-AIR MARKET

A public marketplace where food and merchandise is sold.

OPEN SPACE

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.

OPEN SPACE, COMMON

See "common open space."

OUTDOOR SALES

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]

OUTDOOR STORAGE

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

Owner of real property.

PARCEL

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.")

PARK or PLAYGROUND

A tract of land designated and used by the public for active and passive recreation.

PARKING AISLE

See "aisle or parking aisle."

PARKING AREA

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.

PARKING GARAGE

See "private parking garage" and "public parking garage."

PARKING LOT

An unenclosed parking area for the parking of vehicles.

PARKING LOT, NONACCESSORY

A parking lot that is the principal use of a property and is not an accessory use to any other use.

PARKING, OFF-STREET

See "off-street parking."

PARKING, SHARED

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.

PARKING SPACE

A space conforming to applicable standards of this chapter for the parking of a motor vehicle within a parking area.

PATIO

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.")

PAWN SHOP or PAWNBROKER'S SHOP

An establishment in which the proprietor lends money on the security of personal property pledged in his or her keeping.

PENNANT

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.

PERFORMANCE GUARANTEE

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.

PERMITTED USE

A use of a building or land that conforms with the provisions of this chapter.

PERSONAL SERVICE ESTABLISHMENT

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.

PLACE OF WORSHIP

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.

PLANNING BOARD

The Planning Board of the City of Union City.

PLAYGROUND

See "park or playground."

PLOT

See "lot."

PORCH

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.")

PRINCIPAL BUILDING

A building in which is conducted the principal use of the lot on which it is located.

PRINCIPAL USE

The primary or predominant use of any lot, parcel, structure or building.

PRIVATE PARKING GARAGE

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.

PRIVATE STREET

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.

PRIVATE SWIMMING POOL

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.

PROFILE or CROSS SECTION

A drawing or side or sectional elevation showing the vertical elements of a structure from below ground through the top of the structure.

PROHIBITED USE

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.

PROJECTION

An extension of a building which protrudes or juts out from the vertical plane of the building.

PROPERTY

A lot, parcel or tract of land together with the building and structures located thereon. (See also "lot, parcel" and "tract.")

PUBLIC PARKING GARAGE

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.

PUBLIC OR PRIVATE UTILITY

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.

RADIO ANTENNA

See "antenna, radio or television."

RADIO STATION or STUDIO

See "audio, radio, video and "television station and studio."

RADIO TOWER, AMATEUR

See amateur radio or television tower. (See also "telecommunications tower.")

RECONSTRUCTION

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.

RECREATION USE OR FACILITY

A place designed and equipped for the conduct of sports and leisure time activities.

RECREATION VEHICLE

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.

REFERENCE LEVEL

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.

REGOLITH

The noncemented rock fragments and mineral grains, including soil, which overlie bedrock.

RENOVATION

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.

REQUIRED SETBACK LINE

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.

REQUIRED YARD

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.

RESIDENCE

A home, abode or place where an individual or household is actually living at a specific point in time.

RESIDENTIAL HEALTH CARE FACILITY

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.

RESIDENTIAL USE

Any use in which one or more dwelling units or residences are present.

RESTAURANT

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.")

RESTAURANT, DRIVE-IN

See "drive-in restaurant."

RESTAURANT, DRIVE-THROUGH

See "drive-through restaurant."

RESTAURANT, DRIVE-THRU

See "drive-through restaurant."

RESTAURANT, FAST-FOOD

See "fast-food restaurant."

RETAIL SALES ESTABLISHMENT

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.

RETRACTABLE AWNING OR CANOPY

An awning or canopy that may be retracted by mechanical means so as not to project beyond the front facade of a building.

RIGHT-OF-WAY

An easement for ingress and egress, sometimes together with the right to maintain utilities within the easement area. (See also "easement.")

RIGHT-OF-WAY LINE

See "street line or right-of-way line."

ROOMING HOUSE

See "boarding- , lodging or rooming house" and "border."

ROW HOUSE or ATTACHED SINGLE-FAMILY DWELLING

See "dwelling, townhouse."

SATELLITE ANTENNA

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).

SCHOOL

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.

SCREENING

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.")

SELF-STORAGE FACILITY

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.

SETBACK

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.

SHADE TREE

A tree with a minimum caliper of 2 1/2 inches, usually deciduous, planted primarily for overhead canopy.

SHED

A small, fully-enclosed structure for storage. (See also "accessory structure.")

SIDE SLOPE

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.

SIDE YARD

A space extending from the front yard to the rear yard between the principal building and the side lot line.

SIGN

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.

SIGN, AREA

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.

SIGN, BILLBOARD

See "billboard."

SIGN, BUILDING

Any sign attached to any part of a building, as contrasted to a freestanding sign.

SIGN, BUSINESS OR NONRESIDENTIAL

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.

SIGN, CANOPY

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.

SIGN, FREESTANDING

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.

SIGN, HANGING

See "sign, projecting."

SIGN, ILLUMINATED

Any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign.

SIGN, INCIDENTAL

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.

SIGN, LIGHT BOX

A permanent wall-mounted sign with an exposed frame, a flat translucent face and internal illumination.

SIGN, MAINTENANCE

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.

SIGN, MONUMENT

A freestanding sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground.

SIGN, POLITICAL

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.

SIGN, PORTABLE

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.

SIGN, PROJECTING

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.

SIGN, RESIDENTIAL

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]

SIGN, ROOF

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.

SIGN, TEMPORARY

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.

SIGN, WALL

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.

SIGN, WINDOW or SIGN, WINDOW DISPLAY

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]

SITE PLAN

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.

SITE PLAN, EXEMPT

[Amended 12-17-2013]

(1) Site plan approval shall not be required for the following:

(a) Individual lot applications for new detached one- or two-dwelling-unit buildings as required by N.J.S.A. 40:55D-37;

(b) 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;

(c) Building alterations which do not involve a change in use, additional parking, or additional building area; and

(d) Changes in use which do not require additional parking.

(2) 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.

SLOPE

The inclination of the surface of land from the horizontal.

SLUMP BLOCK

Unstable areas of very steep slope with tendency for vertical separation.

STEEP SLOPE

Slopes greater than 15% to be developed in accordance with Palisades Preservation Overlay District provisions herein.[3]

STORAGE FACILITY

An establishment engaged in the storage of goods, products or materials primarily for business or industrial purposes.

STORAGE FACILITY, SELF-SERVICE

See "mini-warehouse or self-service storage facility."

STORAGE, OUTDOOR

See "outdoor storage."

STORY

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]

STORY, HALF

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]

STREET-FACING SETBACK

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.

STREET LINE or RIGHT-OF-WAY LINE

The dividing line between the street and a lot.

STREETSCAPE

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.

STRUCTURAL ALTERATION

See "alterations."

STRUCTURE

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.")

STRUCTURE, ACCESSORY

See "accessory structure."

STRUCTURE, NONCONFORMING

See "nonconforming structure."

STUDIO

The workshop of an artist, sculptor, photographer or craftsperson or a place where radio, television or movies are produced. (See also "live/work unit.")

SURFACE

See "facing."

TALUS SLOPE

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.

TENNIS OR SPORTS COURT

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.

THEATER OR MOVIE THEATER

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.

TOP OF CLIFF

The portion of a slope located above the cliff face, overlain with regolith, and generally known as the plateau or hill crest.

TOWNHOUSE or TOWNHOUSE DWELLING

See "dwelling, townhouse."

TRACT

An area, parcel, site, piece of land or property that is the subject of a development application. (See also "lot" and "parcel.")

TRAILER

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.

TREE, SPECIMEN OR SIGNIFICANT

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.

USE

The specific purpose for which land, building or structure is designed or arranged for which it is or may be occupied or maintained.

USE VARIANCE

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.

VETERINARY OFFICE OR HOSPITAL

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.

WALL

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.

WINDOW

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

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.

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 COMPOUND (WT EQUIPMENT COMPOUND)

The area which houses any combination of WT equipment.

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.

WIRELESS TELECOMMUNICATIONS TECHNOLOGY (WT TECHNOLOGY)

Collectively, refers to all WT antennas, WT equipment, WT equipment compound and WT towers.

WIRELESS TELECOMMUNICATIONS TOWER (WT TOWER)

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.

YARD

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.

YARD, FRONT

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.

YARD, REAR

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.

YARD, SIDE

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.

ZONE or DISTRICT

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.

ZONING AMENDMENT or ZONING MAP AMENDMENT

An alteration of or addition to the text of the Zoning Ordinance or Zoning Map by the City of Union City.

ZONING BOARD OF ADJUSTMENT

The Zoning Board of Adjustment of the City of Union City.

ZONING MAP

The map or maps which are part of the Zoning Ordinance as set forth in § 223-35 of this chapter.

ZONING OFFICER

The Zoning Officer of the City of Union City.

ZONING PERMIT

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.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

[2] Editor's Note: See Art. VI, Zoning, of this chapter.

[3] Editor's Note: See § 223-42L.