[Ord. No. O-01-46 § 32-2.1]
For the purpose of this chapter, certain terms or words used
herein shall be interpreted as follows:
a.
Words used in the present tense include the future.
b.
Words used in the singular number include the plural number; and
the plural, singular.
c.
The word "shall" indicates a mandatory requirement; and the word
"may" indicates a permissive action.
d.
The word "person" includes a firm, association, organization, partnership,
trust, company, or corporation, as well as an individual.
e.
The word "used" or "occupied" includes the words "intended, designed,
or arranged to be used or occupied."
[Ord. No. O-15-09 § 1; Ord. No. O-01-46 § 32-2.2; New; Ord. No. O-09-28 § 2; Ord. No. O-11-18; Ord.
No. O-15-09; amended 3-17-2021 by Ord. No. O-21-13; 4-20-2022 by Ord. No. O-22-15; 7-19-2023 by Ord. No. O-23-29]
As used in this chapter and Chapter 35, Zoning Regulations, the following words and terms shall have the meaning set forth, except where otherwise specifically indicated. Additional definitions for the Historic Preservation Commission and Tree Preservation are found in Chapter 37 and Chapter 14. Additional definitions for Recreational Cannabis are found in Chapter 39, subsection 39-1.3 Words and terms not defined shall have the meaning indicated by common dictionary definition.
Shall mean any existing or proposed county road shown on
the adopted County Master Plan or Official Map which adjoins or lies
within a lot or parcel of land submitted for subdivision or site plan
approval.
Shall mean an added roadway lane which permits integration
and merging or slower-moving vehicles into the main vehicular stream
or slowing down of vehicles.
Shall mean a physical entrance to property.
Shall mean a building or structure subordinate to the main
building on the same lot and used for the purposes customarily incidental
to those of the main building.
Shall mean a use customarily incidental and subordinate to
the principal use conducted on a lot. The use should bear a relationship
to the principal use.
Shall mean a structure added to the original structure at
some time after the completion of the original structure.
Shall mean the results of development creating, imposing,
aggravating or leading to inadequate, impractical, unsafe or unsatisfactory
conditions on a site proposed for development or on off-tract property
or facilities. Such conditions may relate to circulation, chemical
waste, drainage, erosion, potable water and sewage collection.
Shall mean any environmental pollutant such as smoke, odors,
liquid wastes, radiation, noise, vibrations, glare trespass lighting
or heat.
Shall mean the interest in the use of the space above the
land or above the structures or improvements affixed to the land.
Shall mean the traveled way by which cars enter and depart
parking spaces.
Shall mean a minor way which is used primarily for vehicular
access to the back or the side of properties otherwise abutting a
street.
Shall mean any change or rearrangement in the supporting
members of an existing building such as bearing walls, columns, beam
girders, or interior partitions, as well as any change in doors, window,
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.
Shall mean one or more rooms with private bath and kitchen
facilities comprising an independent self-contained dwelling unit
in a building containing three or more dwelling units.
Shall mean a building which contains dwelling units and which
is greater in height than 3 1/2 stories and up to 14 stories.
Shall mean a building which is greater in height than 2 1/2
stories and not greater than 3 1/2 stories, containing dwelling
units.
Shall mean a developer submitting an application for development.
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plan, site plan,
planned development, conditional use, zoning variance or direction
of the issuance of a permit pursuant to this chapter.
Shall mean a plan which has been granted final approval by
the Planning Board or Board of Adjustment in the City of Bayonne.
Shall mean the appropriate City agency given the authority
under the New Jersey Municipal Land Use Law to review and approve
or deny a proposed land use development, including the Planning Board
and the Zoning Board of Adjustment of the City of Bayonne, New Jersey.
Shall mean any accessory or subordinate building, object,
structure or landscape feature located on the site of a landmark or
in a historic district.
Shall mean relating or conforming to the rules of architecture;
having or conceived of as having a single unified overall design,
form or structure.
Shall mean residences for the frail, licensed by the State
of New Jersey, that provide rooms, meals, personal care, and supervision
of self-administered medication. They may provide other services such
as recreational activities, financial services and transportation.
See Homeowner's association; Condominium association. The
entity responsible for the administration of a condominium, which
entity may be incorporated or unincorporated.
Shall mean the open nonhabitable space between the ceiling
beams of the top habitable story and the roof rafters in any building.
Shall mean the use of any building, land area, or other premise
for the display and sale of new or used automobiles generally, but
may include light trucks or vans, trailers, or recreation vehicles
and including any vehicle preparation or repair work conducted as
an accessory use.
Shall mean any building or land area or portion thereof,
used or intended to be used for the purposes of automobile body repair,
including, but not limited to, repair or replacement of exterior automobile
bodies, welding and straightening of body parts, straightening of
automobile frames, and sanding or painting of exterior body parts.
Shall mean any building, land area or other premises or portion
thereof, used or intended to be used for the purposes of rendering
specialized services associated with the operation of automobiles,
including, but not limited to: muffler repair and replacement; brake
repair and replacement; automobile lubrication; transmission repair;
tire sales, installation, alignment and replacement; automobile detailing;
auto upholstery installation and replacement; auto glass installation;
and alternator and starter repair.
Shall mean a place of business primarily for the sale and
on-premises consumption of alcoholic beverages.
Shall mean the highest elevation, expressed in feet above
sea level, of the level of floodwaters occurring in the regulatory
base flood.
Shall mean a portion of the building partly underground,
but having less than 1/2 of its clear height below average contact
grade around the periphery of the foundation.
Shall mean a mound of earth or the act of pushing earth into
a mound.
Shall mean a lane at the edge of a roadway reserved and marked
for the exclusive use of bicycles.
Shall mean a pathway, often paved and separated from streets
and sidewalks, designed to be used by bicycles.
Shall mean a large industrial-style building with a footprint
of up to 200,000 square feet and the mass of a three-story (30+ feet)
building, generally used for retail commercial purposes.
See Sign, advertising and billboard.
Shall mean an area of land bounded by street rights-of-way
or waterways.
Shall mean the Planning Board or Zoning Board of Adjustment
of the City of Bayonne when acting within their scope of jurisdiction
under the chapters that comprise the Land Use Regulations of the City
of Bayonne.
Shall mean a New Jersey licensed professional engineer, who
may be the City Engineer, retained to provide technical advice to
the Board.
Shall mean the Board of Adjustment of the City of Bayonne, established pursuant to subsection 33-3.4 of the Revised General Ordinances of the City of Bayonne, and N.J.S.A. 40:55D-69.
Shall mean a person other than a member of a family occupying
a part of any dwelling units who, for a consideration, is furnished
sleeping accommodations in such dwelling unit and may be furnished
meals as part of this consideration.
Shall mean a dwelling unit or part thereof in which, for
compensation, lodging and meals are provided; personal and financial
services may be offered as well.
Shall mean any structure used as a school for profit or not
for profit where meals and lodging are provided to the students.
Shall mean a structure designed to convey vehicles and/or
pedestrians over a watercourse, railroad, street or any depression.
Shall mean open spaces, landscaped areas, fences, walls,
berms, or any combination thereof used to physically separate or screen
one use or property from another, so as to visually shield or block
noise, lights or other incompatibles uses.
Shall mean a combination of materials to form a construction
adapted to permanent, temporary or continuous occupancy and having
a roof.
Shall mean the total of areas taken on a horizontal plane
at the main grade level of the principal building and all accessory
buildings exclusive of steps. All dimensions shall be measured between
the exterior faces of walls.
Shall mean the ratio of the horizontal area of all principal
and accessory buildings measured from the exterior surface of the
exterior walls of the ground floor on a lot to the total lot area.
Shall mean the two-dimensional space within which a principal
structure is permitted to be built on a lot and which is defined by
minimum yard setbacks.
See Height of building.
Shall mean a line parallel to the street line or other lot
line which touches that part of the building closest to the street
line or other lot line. In the case of a cantilevered section of a
building, the building line will coincide with the most projected
surface.
Shall mean a building in which the principal use of a lot
is conducted.
Shall mean a term used to indicate, but not limited to, the
size, setbacks, and location of building.
Shall mean the diameter of a tree trunk measured in inches
a distance of six inches off the ground.
Shall mean a self-supporting roof-like structure or marquee
without sides, permanently affixed to the wall of a building and providing
overhead protection from the weather at an entrance to said building,
which shall be construed to be a part of the building to which it
is affixed.
Shall mean a timetable or schedule of all future capital
improvements to be carried out during a specific period and listed
in order of priority, and may also include cost estimates and the
anticipated means of financing each project.
Shall mean a building or place of business where the washing
of motor vehicles is carried on with the use of a chain or conveyor,
blower and water and/or steam-cleaning device.
Shall mean a vehicle washing that does not include mechanized
automatic washing.
Shall mean a roofed structure providing space for the parking
or storage of motor vehicles and enclosed on not more than three sides.
Shall mean the actual road surface from curbline to curbline,
intended for vehicular use, inclusive of parking lanes and acceleration
and deceleration lanes. Where there are no curbs, the cartway is that
portion between the edges of the paved width.
Shall mean a space with less than 1/2 of its floor to ceiling
height above the average finished grade of the adjoining ground or
with a floor-to-ceiling height of less than 6 1/2 feet.
Shall mean any exterior transmitting or receiving device
mounted on a tower, building or structure and used in communications
that radiate or capture electromagnetic waves, digital signals, analog
signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals. Parabolic dish antennas used
for satellite communications shall not be included within this definition.
Shall mean any site which contains the burial, marked or
previously marked, dedicated to and used or intended to be used for
the permanent internment of the human dead, to include perpetual-care
and nonperpetual-care cemeteries, even though suffering neglect or
abuse.
Shall mean a Certificate issued by the Construction Official
upon a determination that the alleged use of the building or structure
has lawfully existed and evidence (1) that a general inspection of
the visible parts of the building has been made; (2) that any construction
or alterations were made pursuant to construction permit requirements
in effect at the time such construction or alteration occurred; and
(3) that the building or structure is not unsafe or defined in the
Uniform Construction Code.
Shall mean a certificate issued by the Construction Official
allowing occupancy of the building and certifying that the structure
or use has been constructed and will be used in compliance with all
applicable State codes and this Zoning Ordinance.
Shall mean any use that substantially differs from the previous
use of a building or land. A new use shall be deemed "substantially
different" if it is outside the group number classification of the
previous use as set forth in the "Standard Industrial Classification
Manual" (1987).
Shall mean a watercourse with a definite bed and banks which
confine and conduct the normal continuous or intermittent flow of
water.
Shall mean an establishment providing for the care, supervision,
and protection of children that is licensed by the State of New Jersey
pursuant to P.L. 1983, c.492 (C.30:5B-1 et seq.).
Shall mean structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, towers, airways, pipes and conduits, and the handling
of people and goods by such means as terminals, stations, warehouses,
and other storage buildings or transshipment points.
Shall mean the Municipal Council of the City of Bayonne.
Shall mean the City of Bayonne, New Jersey.
Shall mean 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 usually lodged overnight.
Shall mean liquids with a flashpoint at or above 100°
F. Liquids with a flash point above 300° F. shall not be considered
combustible for purposes of this chapter.
Shall mean an open space area within or related to a site
designated as a development, and designed and intended for the use
or enjoyment of residents and owners of the development. Common open
space may contain such complementary structures and improvements as
are necessary and appropriate for the use or enjoyment of residents
and owners of the development.
Shall mean ownership of two or more contiguous parcels of
real property by one person or legal entity. Joint and/or common owners
shall be deemed to be one legal entity.
Shall mean a parcel or parcels of land, together with the
improvements thereon, in which the ownership, use and enjoyment of
the same are shared by the owners and tenants of the individual dwelling
units in the development.
Shall mean Water supply and/or sewage disposal systems, whether
privately or publicly owned and operated, that serve two or more dwellings
or other buildings.
Shall mean a community residential facility licensed pursuant
to N.J.S.A. 30:11B-1 et seq. providing food, shelter and personal
guidance, under such supervision as required, to not more than 15
persons with head injuries, who require assistance, temporarily or
permanently, in order to live in the community, and shall include,
but not be limited to, group homes, halfway houses, supervised apartment
living arrangements and hostels. Such a residence shall not be considered
a health care facility within the meaning of the "Health Care Facilities
Planning Act," N.J.S.A. 26:2H-1 et seq.
Shall mean any community residential facility licensed pursuant
to N.J.S.A. 30-11B-1 et seq. providing food, shelter and personal
guidance, under such supervision as required, to not more than 15
developmentally disabled or mentally ill persons, who require assistance,
temporarily or permanently, in order to live in the community, and
shall include, but not be limited to: group homes, halfway houses,
intermediate care facilities, supervised apartment living arrangements
and hostels. Such a residence shall not be considered a health care
facility within the meaning of the "Health Care Facilities Planning
Act" N.J.S.A. 26:2H-1 et seq. In the case of such community residence
housing mentally ill persons, such residence shall have been approved
for a purchase of service contract or an affiliation agreement pursuant
to such procedures as shall be established by regulation of the Division
of Mental Health and Hospitals of the Department of Human Services.
Shall mean any community residential facility operated as
a hospice program providing food, shelter, personal guidance and health
care services, under such supervision as required, for not more than
15 terminally ill persons.
Shall mean any shelter approved for a purchase of service
contract and certified pursuant to standards and procedures established
by regulation of the Department of Human Services pursuant to N.J.S.A.
30:14-1 et seq. providing food, shelter, medical care, legal assistance,
personal guidance, and other services to not more than 15 persons
who have been victims of domestic violence, including any children
of such victims, who temporarily require shelter and assistance in
order to protect their physical or psychological welfare.
Shall mean any and all material required by this chapter
for review of development applications under the Land Use Regulations,
including but not limited to the application form, affidavit of ownership,
boundary descriptions, and plat maps in accordance with ordinance
specifications.
Shall mean a use permitted upon a showing that such use will comply with the conditions and standards as contained in Chapter 35, Zoning Regulations, and requiring the approval of the Planning Board or the Zoning Board of Adjustment.
Shall mean 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.
Shall mean the community association that administers and
maintains the common property and common elements of a condominium.
Shall mean a facility used for conferences and seminars,
which may include accommodations for sleeping, food preparation and
eating, recreation, resource facilities and meeting rooms.
Shall mean the act of adding an addition to an existing building
or structure; the erection of a new principal or accessory, building
or structure on a lot or property; alterations.
Shall mean the Construction Official of the City of Bayonne.
Shall mean legal authorization for the erection, alteration
or extension of a structure.
Shall mean tracts of land which share one or more common
boundaries.
Shall mean development other than planned development.
Shall mean a composite of the plan elements for the physical
development of Hudson County, with the accompanying maps, plats, charts
and descriptive and explanatory matter adopted by the County Planning
Board.
Shall mean the Hudson County Planning Board.
Shall mean the County of Hudson, New Jersey.
Shall mean any open space, unobstructed from the ground to
the sky, that is bounded on two or more sides by the walls of a building.
Shall mean a right-of-way for pedestrian travel across an
intersection.
Shall mean the turnaround at the end of the dead-end street.
Shall mean activities or acts related to the past or present
social and material traits of a group or groups of people.
Shall mean a structure under a driveway, road, railroad or
pedestrian walk, not incorporated in a closed drainage system.
Shall mean the opening along the curb line at which point
vehicles may enter or leave the roadway.
Shall mean the level of the established curb in front of
a building measured at the center of such front. Where no curb elevation
has been established, the average elevation of the finished lot grade
immediately adjacent to a building shall be considered the curb level.
Shall mean a portion of land surface or area from which earth
has been removed or will be removed by excavation; the depth below
original ground surface or excavated surface.
Shall mean businesses that are equipment oriented generating
relatively low employment often located in high security windowless
buildings. These uses are infrastructure dependent with high electricity
and telecommunications infrastructure requirements.
Shall mean calendar days.
Shall mean a street or portion of a street which is accessible
by a single means of ingress or egress.
Shall mean a raised surface attached to a principal building
at or above three feet of the finished grade and not covered by a
permanent roof.
Shall mean a dedication of land for construction, reconstruction,
widening, repairing, maintaining, using or improving a street, public
or private, and for the construction, reconstruction or alteration
of facilities related to the safety, convenience or carrying capacity
of said street, including, but not limited to, curbing, pedestrian
walkways, drainage facilities, traffic control devices and utilities
in or along road rights-of-way.
Shall mean the permitted number of dwelling units per gross
area of land to be developed.
Shall mean the legal or beneficial owner or owners of a lot
or of any land included in a proposed development, including the holder
of an option or contract to purchase or other person having an enforceable
proprietary interest in such land.
Shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation, or enlargement of any building or structure,
or of any 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 Land Use
Regulations of the City of Bayonne.
Shall mean zoning, subdivision, site plan, official map or
other municipal regulation of the use and development of land or amendment
thereto adopted and filed pursuant to the Municipal Land Use Law.
Shall mean development other than planned development or
cluster development.
Shall mean a zoning district established pursuant to the provisions of Chapter 35, Zoning Regulations.
Shall mean a residence hall providing rooms for individuals
or for groups of students enrolled at an associated institution.
Shall mean the land required for the installation and maintenance
of stormwater sewers or drainage ditches, grading or other means of
stabilizing watercourses and runoff to prevent flooding and minimize
erosion and sedimentation, or as required along a natural stream,
body of water or watercourse to preserve the channelization and direction
of water flow on and across the land to be developed including any
remainder parcels to prevent onsite, off-site, on-tract and off-tract
flooding and water damage to the public.
Shall mean an establishment that by design, physical facilities,
service or packaging procedures encourages or permits customers to
receive service, obtain goods, or be entertained while remaining in
their motor vehicles.
Shall mean a paved or unpaved area used for ingress or egress
of vehicles and allowing access from a street to a lot, building or
other structure or facility.
Shall mean a covered pit with an open jointed lining into
which water is piped or directed from roofs, basement floors, other
impervious surfaces or swales or pipes to seep or percolate into surrounding
soil.
Shall mean a building or portion thereof that is used exclusively
for human habitation. "Dwellings" may include but are not limited
to the following types:
APARTMENT UNITShall mean a portion of a multifamily or mixed use building designed and used exclusively as a dwelling.
FLATShall mean a one-story apartment unit in a multifamily mixed use building.
GARDEN APARTMENTShall mean a building or group of buildings designed as an integral whole, for occupancy by four or more families, living in separate apartments independently from each other.
SINGLE FAMILY DWELLINGShall mean a detached one-family dwelling unit.
DOUBLE FAMILY DWELLINGShall mean a detached residential building designed or occupied as a residence for two families containing two vertically or horizontally contiguous independent dwelling units, each such units consisting of a room or series of connected rooms having a separate entrance and containing living, cooking, sleeping and sanitary facilities for one family.
MULTIPLE (MULTIFAMILY DWELLING)Shall mean a building or portion thereof containing three or more than three dwelling units.
PATIO HOMEShall mean a one-family dwelling on a separate lot with open space setbacks on three sides and with a court.
TOWNHOUSE, ONE-FAMILYShall mean a one-family dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire resistant walls.
TOWNHOUSE, TWO-FAMILYShall mean a two-family dwelling in a row of at least two such double units in which each individual unit is served by an exterior door with a private stairway, and in which each double unit is separated from any other double unit by one or more vertical common fire resistant walls.
Shall mean one or more rooms designed, occupied or intended
for occupancy as separate living quarters with cooking, sleeping and
sanitary facilities provided within the dwelling unit for the exclusive
use of a single family maintaining a household.
Shall mean a right granted for the use of private land for
certain public or quasi-public purposes; also the land to which such
a right pertains.
Shall mean public, parochial or private elementary or secondary
schools, duly licensed by the State of New Jersey, attendance at which
is sufficient compliance with the compulsory education requirements
of the State. Summer day camps shall not be considered as educational
uses or accessories to such uses. Duly accredited colleges and universities
shall also be considered educational uses.
Those businesses where customers can purchase electronic/vapor
substance inhalation products, commonly known as "electronic cigarettes,"
"e-pipes," "e-hookahs," "electronic nicotine delivery systems" and
other similar devices
[Added 7-19-2023 by Ord. No. O-23-29]
Shall mean a man-made or natural deposit of soil, rock or
other materials.
Shall mean a study to determine the potential direct and
indirect effects of a proposed development on the environment.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice or gravity.
Shall mean services needed for the health, safety, and general
welfare of the community, such as underground, surface, or overhead
electrical, gas, telephone, steam, water, sewerage, and other utilities
and the equipment and appurtenances necessary for such systems to
furnish an adequate level of service for the area in which it is located.
Shall mean removal or recovery by any means whatsoever of
soil, rock, minerals, mineral substances or organic substances, other
than vegetation, from the water, land surface or beneath the land
surface, whether exposed or submerged.
Shall mean the vertical location of the ground surface prior
to excavating or filling.
Shall mean a group of individuals not necessarily related
by blood, marriage, adoption, or guardianship living together in a
dwelling unit as a single housekeeping unit under a common housekeeping
management plan based on an intentionally structured relationship
providing organization and stability.
Shall mean any private residence approved by the Division
of Youth and Family Services or an organization with which the division
contracts for family day care in which child care services are regularly
provided to no less than three and no more than five children for
no less than 15 hours per week. A child being cared for under the
following circumstances is not included in the total number of children
receiving child care services:
Shall mean a structure made of posts or stakes, joined together
by boards, wire or rails, serving as an enclosure, a barrier or as
a boundary.
Shall mean the established line of existing fences on a street,
more or less parallel to the curbline. The fence line may be within
the public right-of-way.
Shall mean the official action of the Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
Shall mean the final map of all or a portion of the subdivision
which is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the proper County Recording Officer.
Shall mean any structure wherein business of primarily a
monetary nature is transacted, such as banks, savings and loans associations,
mortgage companies and similar institutions.
Shall mean liquids with a flash point below 100° F.
Shall mean the minimum temperature in degrees Fahrenheit
at which a flammable liquid will give off sufficient vapors to form
an ignitable mixture with air near the surface or in the container,
but will not sustain combustion.
Shall mean the susceptibility of a specific land use at a
particular location to damage by flooding and the potential of the
specific land use to increase off-site flooding or flood-related damages.
Shall mean that portion of the flood hazard area outside
the floodway, based on the total area inundated during the regulatory
base flood plus 25% of the regulatory base flood discharge.
Shall mean the flood plain consisting of the floodway and
the flood fringe area.
Shall mean the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards
and the risk premium zones applicable to the community.
Shall mean the greatest flood in the City for which accurate
records are available.
Shall mean a general and temporary condition or partial or
complete inundation of normally dry land areas from the overflow of
inland or tidal waters and/or the unusual and rapid accumulation or
runoff of surface waters from any source.
The same as the flood hazard area.
Shall mean flood having a 1% chance of being equaled or exceeded
in any given year.
Shall mean the channel of a natural stream or river and portions
of the flood plain adjoining the channel which are reasonable required
to carry and discharge the floodwater or flood flow of any natural
stream or river.
Shall mean the sum of the floor area of all floors of buildings
or structures compared to the total area of the site.
Shall mean the sum of the gross horizontal areas (including
enclosed porches) of the several floors of a building or group of
buildings on a lot, measured from the exterior faces of exterior walls
or from the center line of a wall separating two buildings, but excluding
the following:
Shall mean the sum of the area of all floors of buildings
measured to the dimensions of the outside walls of the buildings,
excluding (1) attic, basement and cellar floor area used solely for
storage or utilities; (2) parking garages; (3) open porches, patios,
terraces, breezeways, arcades, utility, mechanical and emergency power
equipment areas; (4) guard houses; and (5) any open area above the
ground floor within an open atrium space.
Shall mean an establishment primarily engaged in the retail
sale of food which is processed or otherwise prepared for the eventual
consumption but not consumed on the premises. Such uses include but
are not limited to the following: bakeries, delicatessens, ice cream
parlors and bagel shops. Where such uses have tables, such uses shall
be deemed restaurants.
Shall mean a unit for measuring illumination equaling the
amount of direct light on a surface.
Shall mean the ground floor area of a building/buildings
that cover the lot area.
See Lot, frontage.
Shall mean a building used for the preparation of the deceased
for burial and the display of the deceased and rituals connected therewith
before burial or cremation.
Shall mean a building intended for the parking of motor vehicles.
Shall mean a detached accessory building or a portion of
the main building used primarily for the storage of a passenger vehicle
or vehicles and not more than one commercial vehicle of a rated capacity
not exceeding 3/4 tons, which commercial vehicle is owned or used
by the occupant of the building to which the garage is accessory.
Shall mean an enclosed building intended for the storage,
servicing or repair of motor vehicles as a business or any facility
that is a part of an agency dealing in new or used motor vehicles.
A public garage shall not include a car wash or auto detailing facility.
Shall mean a metal, or equivalent, receptacle which is used
for temporary storage of garbage refuse or any type of waste material;
which is emptied on the premises by means of a mechanical device which
is part of the collection vehicle.
See Service station, gasoline.
Shall mean the Municipal Council of the City of Bayonne.
Shall mean any department, commission, independent agency
or instrumentality of the United States, the State of New Jersey,
and/or any county, municipal or other governmental unit.
Shall mean the final grade or elevation of the ground surface
conforming to the proposed design.
Shall mean the mean elevation at the curb level opposite
those walls of the building that are located within five feet of the
street line; or where all the walls of the building are more than
five feet from the street line, the mean elevation of finished grade
where such a grade abuts the building.
Shall mean any operation that modifies the existing topography
such as cutting, stripping, filling, stockpiling or any combination
thereof.
In residences, shall be measured by using the outside dimension
of the building, excluding the area of a garage, attic, open porch
or patio and further excluding the area used as a cellar, basement
and utility, heating and cooling rooms. Only those portions of floor
areas in residential structures which are at or above grade and have
a ceiling height above them of 7 1/2 feet or more or those floor
areas on the top story which meet the definitions of a half-story
shall be included in the "gross floor area." In, nonresidential structures,
floor areas used for storage and other purposes, regardless of the
ceiling height, shall be included in the "gross floor area," but floor
areas used for utility, heating and cooling rooms shall be excluded.
The "gross floor area" of any use sharing a common wall with another
use shall be measured from the center of interior walls and the outside
of exterior walls.
Shall mean the first floor of a building other than a cellar
or basement.
Shall mean a community residence for the assisted care of
persons with special needs that provides shelter and meals as well
as personal care, counseling, social activities, transportation and
other supportive services depending upon the nature of the facility.
Group homes include but are not limited to assisted care boarding
homes licensed by the State, single-family dwellings for the placement
of children pursuant to N.J.S.A. 40:D-66c and community residences
for the developmentally disabled[1] pursuant to N.J.S.A. 40:44D-66.2. Group homes shall contain
a maximum of 12 residences unless otherwise specified by State or
Federal law.
Shall mean any substance or material that, by reason of its
toxic, caustic, corrosive, abrasive, or otherwise injurious properties,
may be detrimental or deleterious to the health of any person handling
or otherwise coming into contact with such material or substance including,
but not limited to: inorganic mineral acids of sulfur, fluorine, chlorine,
nitrogen, chromium, phosphorus, selenium and arsenic and their common
salts, lead, nickel, and mercury and their inorganic salts, or metallo-organic
derivatives; coal, tar acids, such as phenol and cresols and their
salts, and all radioactive materials.
The vertical distance measured from mean finished grade along
the side(s) of the building facing the street or street line to the
highest point of the roof. This shall not include roof appurtenances
such as parapets, elevator and stair bulkheads, required mechanical
equipment and semipermanent roof coverings such as awnings, pergolas
or canopies. For sloping roofs, it will be vertical distance from
finished grade to the average distance between eaves and the ridge
level for gable, hip and gambrel roofs.
[Amended 7-14-2021 by Ord. No. O-21-32]
 |
Shall mean a building, structure, object, site or landscape
feature having a degree of significance or importance over or at a
period of time.
Shall mean one or more historic sites and intervening or
surrounding property significantly affecting or affected by the quality
and character of the historic site or sites.
Shall mean an activity carried out for gain by a resident
and conducted as a customary, incidental and accessory use in the
resident's dwelling unit.
Shall mean a home occupation consisting of the office of
a practitioner of a recognized profession, including but not limited
to offices of physicians, dentists, podiatrists, lawyers, architects,
engineers, commercial artists, planners and clergymen.
Shall mean a community association, other than a condominium
association, that is organized in a development in which individual
owners share common interests and responsibilities for costs and upkeep
of common open space or facilities.
An institution specializing in giving clinical, temporary
and emergency services of a medical or surgical nature to human patients,
licensed by state law to provide facilities and services in surgery,
obstetrics and general medical practice. Such institutions include
allied and adjunct medical facilities such as facilities for the education
and training of hospital personnel, including but not limited to residents,
interns, nurses, technicians and orderlies; medical schools, laboratories,
research facilities, pharmacies, cafeterias, restaurants or snack
bars, gift or flower shops; outpatient treatment and medical offices
which may be in the same building or separate buildings provided this
does not include nonaccessory, nonadjacent or independently operated
medical offices, group medical practices or laboratories
[Amended 3-18-2020 by Ord. No. O-20-20]
Shall mean any building including, but not limited to, any
related structure, accessory building, and land appurtenant thereto,
and any part thereof, including a restaurant, meeting rooms, and recreational
facilities in which there are 10 or more guest rooms or suites used,
maintained, advertised as, or held out to be, a place where sleeping
or dwelling accommodations are available to transient or permanent
guests.
Shall mean a building or structure, or groups of buildings
or structures, that by design and construction are primarily intended
for conducting organized religious services and associated accessory
uses.
Shall mean a family living together in a single dwelling
unit, with common access to and common use of all living and eating
areas and all areas and facilities for the preparation and serving
of food within the dwelling unit.
Shall mean one or more persons living together in one dwelling
unit on a nonseasonal basis and sharing living, sleeping, cooking
and sanitary facilities on a nonprofit basis.
Shall mean any material which generally reduces or prevents
absorption of stormwater into the ground, including but not limited
to buildings, parking areas, driveways, sidewalks, paving and patios,
but not swimming pools. All required parking areas which are permitted
to remain unimproved and all gravel areas shall be considered as impervious
surfaces.
Shall mean a lot upon which exists a structure or building.
Shall mean an area wherein one or more buildings are erected
for industrial purposes in relation to one another as part of an integrated
and comprehensively planned total unit, whether or not the buildings
are erected simultaneously or over a period of time.
Shall mean nonprofit public or quasi-public institutions
and uses, such as public and private schools, hospitals, libraries
and municipality-owned or operated buildings, structures or land used
for public purposes, not including houses of worship.
Shall mean any premises or portion thereof, other than a
veterinary hospital, on which more than four dogs, cats, or other
domestic animals over six months in age are kept, boarded, bred, or
cared for, in return for remuneration, or are kept for the purpose
of sale.
Shall mean ground, soil or earth, including improvements
and fixtures on, above or below the surface.
Shall mean the area contained within the lot lines of a lot
not including any portion of a street right-of-way.
Shall mean any activity involving the clearing, cutting,
excavating, filling, grading and other activity which causes land
to be exposed to the danger of erosion.
Shall mean any grade, body of water, stream, rock, plant,
shrub, tree, path, walkway, road, plaza, fountain, wall, sculpture
or other form of natural or artificial landscaping.
Any area between a floor and ceiling or roof line that is
at least seven feet in height, per the IBC (International Building
Code) and IRC (International Residential Code).
[Added 7-14-2021 by Ord.
No. O-21-32]
Shall mean an off-street space or berth on the same lot with
a building or group of buildings for the temporary parking of a commercial
vehicle while loading or unloading with 15 feet of vertical clearance
and lengths and widths that meet this chapter.
Shall mean any sewerage authority pursuant to the "Sewerage
Authorities Law," N.J.S.A. 40:14A-1 et seq.; any utilities authority
created pursuant to the "Municipal and County Utilities Authority
Law," N.J.S.A. 40:14B-1 et seq.; or any utility, authority, commission,
special district or other corporate entity not regulated by the Board
of Regulatory Commissioners under Title 48 of the Revised Statutes
that provide gas, electricity, heat, power, water or sewer service
to a municipality or the residents thereof.
A facility that is licensed by Division of Health to provide
rehabilitative, restorative and/or ongoing skilled nursing care to
patients or residents in need of assistance with activities of daily
living. Long-term care facilities include nursing homes, rehabilitation
facilities, inpatient behavioral health facilities, long-term chronic
care facilities and hospice.
[Amended 3-18-2020 by Ord. No. O-20-20]
Shall mean a designated parcel, tract or area of land established
by a plat or otherwise permitted by law and to be used, developed
or built upon as a unit.
Shall mean the total area within the lot lines of a lot but
not including any street rights-of-way.
Shall mean an action by the Planning Board eliminating lot
lines from contiguous lots for tax billing purposes.
Shall mean the minimum distance between its mean front lot
line and its mean rear lot line.
Shall mean all areas disturbed for the purpose of the construction
of buildings or other structures on an individual fee simple lot.
This total shall include all disturbance including but not limited
to building and structure areas, lawns and areas of tree removal.
Shall mean the shortest distance between the intersection
points of the side lines of a lot with the front street right-of-way
line. In the case of corner lots, the frontage shall be measured along
the lesser frontage.
Shall mean a line of record bounding a lot that divides one
lot from another lot or from a public or private street or any other
public space.
Shall mean the lot line separating a lot from a street right-of-way,
also referred to as a "street line." In the case of corner lots, the
front lot line shall be the street line with lesser frontage. In the
case of through lots, the front lot line shall be the line on which
the primary entrance of the principal building faces.
Shall mean the lot line opposite and most distant from the
front lot line, or the point at which the side lot lines meet.
Shall mean any lot line other than a front or rear lot line.
Shall mean the distance between the side lot lines measured
at the front setback line. On corner lots, lot width shall be measured
at the front setback line parallel to the lesser frontage.
Shall mean a parcel of land, either at the junction of and
abutting on two or more intersecting streets, or abutting a single
street at the point where the road tangents deflect by more than 45°.
The greater frontage of a corner lot is its depth and the lesser frontage
is its width.
Shall mean that part of one lot or more than one lot which
is improved or is proposed to be improved with buildings and/or other
structures, including but not limited to driveways, parking lots,
pedestrian walkways and other man-made improvements on the ground
surface which are more impervious than the natural surface.
Shall mean a lot other than a corner lot.
Shall mean a lot that fronts upon two parallel streets or
that fronts upon two streets that do not intersect at the boundaries
of the lot.
Shall mean a unit of measure for the flow of light.
Shall mean any security, other than cash, which may be accepted
by a municipality for the maintenance of any improvements required
by this chapter.
Shall mean all subdivisions not classified as minor subdivisions.
Shall mean a facility for storing, servicing, fueling, berthing
and securing of pleasure boats and which may include eating, sleeping
and retail facilities for owners, crews and guests.
Shall mean a hood, canopy, awning or permanent construction
that projects from the wall of a building, usually above an entrance.
Any premises which are used, in whole or part, to administer
acupressure, massage, bodywork or somatic therapy, or involving the
act of holding, touching, positioning, mobilizing, applying friction
or pressure manually and/or by mechanical or vibratory apparatus to
body tissues, including, but not limited to, employing the procedures
of acupressure, reflexology, moving, striking, pounding, rubbing,
manipulating, kneading and/or tapping, or the use of oil rubs, heat
lamps, salt glow, hot or cold packs, vibration, percussion, medical
gymnastics, heliotherapy, external application of topical preparations,
or tub, shower, or cabinet baths, but excluding the practice of medicine,
physical therapy, or chiropractic by an osteopath, medical doctor,
physical therapist, or chiropractor licensed to practice in the State
of New Jersey.
[Added 7-19-2023 by Ord. No. O-23-29]
Shall mean a composite of one or more written or graphic
proposals for the development of the City of Bayonne, showing objectives,
policies and standards for development, covering land use, housing,
circulation, utilities, community facilities, recreation, and conservation,
written and adopted in a manner determined by law.
Shall mean the chief executive of the City.
Shall mean a subdivision creating three or less lots including
the remainder of a lot and fronting on an existing street; provided
that such subdivision does not involve the construction or substantial
improvement of any new street or the extension of any off-tract improvement.
Shall mean the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
Shall mean a dwelling unit manufactured in one or more sections,
designed for long term occupancy; containing living and sleeping accommodations,
a flush toilet, a tub or shower, bath and kitchen facilities with
plumbing and electrical connections provided for attachment to outside
systems; and designed to be transported after fabrication on its own
wheels, or on a flatbed or other trailers, arriving at the site where
it is to be occupied as a dwelling complete, usually including major
appliances and furniture, and ready for occupancy except for minor
and incidental unpacking and assembly operations. Travel trailers
and campers are not considered mobile homes.
Shall mean one or more buildings designed for transitory
occupancy by travelers with parking space in proximity to each individual
unit.
Shall mean a building containing three or more dwelling units
that share common horizontal separations. See Dwelling, multiple.
Shall mean the Planning Board, Board of Adjustment or the
City Council when acting pursuant to the Municipal Land Use Law. Municipal
resident shall mean a person who is domiciled in the City of Bayonne.
Shall mean any governmental use made by the City of Bayonne
of property owned or leased by it or legally under control by easement,
license or otherwise.
Shall mean City of Bayonne.
Shall mean a nonprofit, noncommercial establishment operated
as a repository for collected natural, scientific, historic or literary
objects of interest or works of art which are open to the public and
not regularly engaged for profit in the sale or distribution of the
objects collected.
Shall mean any licensed institution, facility, place, building
or agency which supplies care, treatment, services, maintenance, accommodation
or board, or any of them, in a group setting primarily or exclusively
for individuals having any type of habitation, dependency or addiction
to the use of any kind of controlled substance, narcotic drug or other
type of drug; and which provides guidance, supervision and personal
services which enable the drug user, dependent or addict to move into
independent living in normal surroundings, but does not provide those
services that can be rendered only by a physician or with the confines
of a hospital, and does not provide a permanent residence but only
a temporary one.
Shall mean the ground surface in its original state before
any grading, excavation or filling.
Shall mean the amount by which earned income yielded by the
improvement parcel during a test year exceeds the operating expenses
of such parcel, including mortgage interest and amortization.
Shall mean any room, building or place in which any musical
entertainment, singing, dancing or other similar amusement is permitted
in connection with the restaurant business or business of directly
or indirectly selling food or drink to the public.
Shall mean a lot, the area, dimension or location of which
was lawful prior to the adoption, revision or amendment of a zoning
ordinance, but fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption, revision
or amendment.
Shall mean any sign lawfully existing on the effective date
of an ordinance or any amendment thereto, that renders such sign nonconforming
because it does not conform to all the standards and regulations of
such ordinance.
Shall mean a structure the size, dimension or location of
which was lawful prior to the adoption, revision or amendment to a
zoning ordinance, but which fails to conform to the requirements of
the zoning district in which it is located by reasons of such adoption,
revision or amendment.
Shall mean a use or activity which was lawful prior to the
adoption, revision or amendment of a zoning ordinance, but which fails
to conform to the requirements of the zoning district in which it
is located by reasons of such adoption, revision or amendment.
Shall mean a document attesting that an emergency situation
exists, as certified by the Building or Zoning/Administrative Officer,
requiring an immediate issuance of a building permit or other permit
to commence to stabilize, secure, repair or protect a landmark building,
structure, object, site or landscape feature.
See Child care center.
See Long term care facility.
Shall mean a material thing of functional, aesthetic, cultural,
historical, archaeological, scientific value that may be, by nature
or design, movable yet related to a specific setting or environment.
Shall mean any individual, firm, association, corporation
or any other legal entity and shall include the owner or subdivider,
or both, as may be required by the City. The obligor shall be responsible
for posting and executing any required performance guaranty.
Shall mean and include, but not be limited to, any structure,
fill, excavation, channel modification, embankment, rock, gravel,
refuse or matter in, along, across, or projecting into any street,
right of way, sidewalk, channel, watercourse or flood hazard area
which may impede, retard or change the direction of the flow of traffic,
persons, water or other materials.
Shall mean located outside the lot lines of the lot in question
but within the property (of which the lot is a part) which is the
subject of a development application or a contiguous portion of a
street or right-of-way.
Shall mean not located on the property which is the subject
of a development application nor on a contiguous portion of a street
or right-of-way.
Shall mean a place for the transaction of business where
reports are prepared, records are kept and services rendered, but
where no retail sales are offered and where no manufacturing, assembly
or fabricating takes place.
Shall mean a map adopted by ordinance pursuant to N.J.S.A.
40:55D-32.
Shall mean located on the lot in question.
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated or reserved for public
or private use or enjoyment or for the use and enjoyment of owners
and occupants of land adjoining or neighboring such open space; provided
that such areas may be improved with only those buildings, structures,
streets and off-street parking and other improvements that are designed
to be incidental to the natural openness of the land.
Shall mean an open space area within or related to a site
designated as a development and designed and intended for 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.
Shall mean an individual, firm, association, syndicate, copartnership
or corporation having sufficient propriety interest in the land sought
to be subdivided to commence and maintain proceedings to subdivide
the same under this chapter.
Shall mean a tract of land designed and used by the public
for active or passive recreation.
Shall mean any open area, including parking spaces and aisles,
providing direct access thereto, used for the temporary storage of
automobiles and other permitted vehicles for the private use of the
owners or occupants of the lot on which the area is located.
Shall mean any open area, other than a street or other public
way, including parking spaces and aisles, providing direct access
thereto, used for the temporary storage of automobiles and other permitted
vehicles and available to the public, with or without compensation,
or as an accommodation for clients, customers and employees.
Shall mean any public or private parking area or garage.
Shall mean a space for the off-street parking of one operable,
licensed motor vehicle within a public or private parking area.
Shall mean a level, surfaced area directly adjacent to a
principal building at or within 1 1/2 feet of the finished grade,
not covered by a permanent roof. Patio home. See Dwelling, patio home.
Shall mean any security which may be accepted by the City,
including cash, provided that a municipality shall not require more
than 10% of the total performance guarantee in cash.
Shall mean criteria or limits relating to certain characteristics that a particular use or process may not exceed and (a) adopted by Chapter 35, Zoning Regulations or (b) required by other applicable City, State, or Federal Laws or regulations.
Shall mean a certificate issued to perform work under this
chapter.
Shall mean any use of land or buildings as permitted by this
chapter.
Shall mean a corporation, company, association, society,
firm, partnership or joint-stock company, as well as an individual,
the State and all political subdivisions of the State or any agency
or instrumentality thereof.
Shall mean establishments primarily engaged in providing
services involving the care of a person or his or her personal goods
or apparel.
Shall mean a development for which a General Development
Plan pursuant to N.J.S.A. 40:55D-45 et seq. and the City Ordinances
has been obtained for an area with a contiguous or noncontiguous acreage
of a parcel of land greater than 100 acres, or, any area with a contiguous
or noncontiguous acreage of a parcel of land of 100 acres or less
in size for which parcel the developer is seeking approval of a Planned
Development pursuant to P.L. 1975, c. 291 (C.40:55D-1 et seq.), consisting
of not less than 150,000 square feet of nonresidential floor area
or not less than 100 residential dwelling units, or consisting of
a combination of square feet of nonresidential floor area and residential
dwelling units, which when proportionately aggregated at a rate of
1,500 square feet of nonresidential floor area to one residential
dwelling unit, are equivalent to at least 150,000 square feet of nonresidential
floor area or 100 residential dwelling units as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses or both and any residential and other uses
as may be permitted by this ordinance or by an applicable redevelopment
plan adopted pursuant to the Local Redevelopment and Housing Law N.J.S.A.
40A:12A-1 et seq. Further, a Planned Development shall also mean a
Planned Commercial Development, a Planned Industrial Development,
a Planned Unit Development provided it contains a minimum of 10 acres,
and a Planned Unit Residential Development.
Shall mean an area with a specified minimum contiguous acreage
of five acres or more to be developed as a single entity according
to a plan containing one or more residential clusters, which may include
appropriate commercial, or public or quasi-public uses all primarily
for the benefit of the residential development.
Shall mean the Planning Board of the City of Bayonne, established pursuant to subsection 33-3.3 of the Revised General Ordinances of the City of Bayonne, and N.J.S.A. 40:55D-23.
Shall mean a map of subdivision or site plan.
Shall mean a piece of land used for and usually equipped
with recreational facilities for recreation.
Shall mean an open area for the general public's use and
which is designed for pedestrian access from the street level(s) which
it abuts and which is an open area designed in addition to any required
yard area or open spaces generated by maximum coverage regulations
(quite often an area generated by erecting a building on stilts) and
which may have improved surfacing, sitting areas and landscaping.
Shall mean a roofed open area, which may be screened, usually
attached to a part of and having direct access to and from a building.
Preliminary floor plans and elevations shall mean architectural drawings
prepared during early and introductory stages of the design of a project
illustrating in a schematic form, its scope, scale and relationship
to its site and immediate environs.
Shall mean a building in which is conducted the main use
of the lot.
Shall mean a structure in which the principal use of a lot
on which the structure is located is conducted.
Shall mean the primary purpose for which a lot or building
is used.
Shall mean an institution of academic education whose general
course work is comparable to the public school system and whose curriculum
is approved by the New Jersey Department of Education or the Commission
on Higher Education.
Shall mean the office of a member of a recognized profession,
maintained for the conduct of professions including, but not limited
to, physicians, chiropractors, dentists, attorneys, engineers, architects,
planners, but not including real estate sales offices or nonprofessional
business offices.
Shall mean technical review of applications for development
by staff or retained consultants, who are considered competent and
prepared by virtue of their expertise, training, education and/or
licensure to undertake such review for the land use of the City of
Bayonne. All professional review shall take place under the supervision
of New Jersey licensed professional planners, attorneys, engineers,
architects, landscape architects or surveyors.
Shall mean (i) public parks, playgrounds, trails, paths and
other recreational areas; (ii) other public open spaces; (iii) scenic
and historic sites; and (iv) sites for schools and other public buildings
and structures.
Shall mean a master plan, capital improvement program or
other proposal for land development adopted by the appropriate public
body, or any amendment thereto.
Shall mean the land reserved or dedicated for the installation
of stormwater sewers or drainage ditches, or required along a natural
stream or watercourse for preserving the biological as well as drainage
function of the channel and providing for the flow of water to safeguard
the public against flood damage, sedimentation and erosion and to
assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, and to lessen
non-point pollution.
Shall mean an open space conveyed or otherwise dedicated
to a municipality, municipal agency, board of education, State or
County agency, or other public body for recreational or conservational
uses.
Shall mean the use of land or buildings by the Governing
Body, City School Board or some officially created City agency or
authority.
Shall mean telephone and electric lines, poles, equipment
and structures, water or gas pipes, hydrants, valves, mains or structures
or sewer pipes, together with accessories and appurtenances, maintained,
operated and conducted for the service, convenience, necessity, health
and welfare of the public.
Shall mean a structure or use owned or operated by a nonprofit,
religious or eleemosynary institution and providing educational, cultural,
recreational, religious or similar types of public programs.
Shall mean a majority of the full authorized membership of
a municipal agency.
Shall mean a place where sports, leisure time activities
and customary and usual recreational activities are carried out.
Shall mean an accessory use located on the same lot as the
principal permitted use and designed to be used primarily for the
occupants of the principal use and their guests.
Shall mean facilities operated by a private organization
and open only to bona fide members and guests of such organization.
Shall mean facilities operated by the City, County or other
governmental agency.
Shall mean a vehicle without permanent foundation that can
be towed, hauled or driven and primarily designed as temporary living
accommodations for recreational, camping and travel use.
Shall mean premises where materials containing scrap metal
and glass are brought to be sorted, baled, or compacted and then shipped
to another location for use in a substantially different form. A recycling
site does not include any use involving hazardous materials or flammable
materials or the exposure of merchandise for retail use at the site.
Shall mean any change of the location of a building, object
site, structure or landscape feature in its setting or to another
setting.
Shall mean a facility limited to laboratories engaged in
scientific investigation testing or the production of factual information
for industrial, commercial or institutional clients.
Shall mean a contiguous or noncontiguous area to be developed
as a single entity according to a plan containing residential housing
units which have a common or public open space as an appurtenance.
Shall mean the number of dwelling units per gross acre of
residential land use including streets, easements and open space portions
of a development.
Shall mean a collection of buildings, objects, sites, structures,
landscape features or areas that exemplify the cultural, social, economic,
political, archaeological or architectural history of the nation,
State or City.
Shall mean the further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law; or the alteration of any streets or
the establishment of any new streets within any subdivision previously
made and approved or recorded according to law, but does not include
conveyances made so as to combine existing lots by deed or other instrument.
Shall mean land set aside for use as a street, alley, or
common means of communication, travel or drainage.
Shall mean one of an unbroken line of houses sharing one
or more sidewalls with its neighbors, or one of a number of similarly
constructed houses in a row; usually in a housing development.
Shall mean any apparatus, including structural supports,
which is designed for the purpose of receiving television, radio,
microwave, satellite or similar signals, with the exception of conventional
television antennas. Such apparatus is commonly referred to as dish
a antenna.
Shall mean any building or part thereof which is designed,
constructed, or used for education or instruction in any branch of
knowledge.
Shall mean the deposition of soil that has been transported
from its site of origin by water, ice, wind, gravity or other natural
means as a product of erosion.
Shall mean premises where gasoline or other motor fuels,
oil, grease, batteries, tires and automobile accessories may be supplied
and dispensed at retail, and where normal automobile maintenance and
minor repairs are performed, exclusive of automobile repair garage,
auto body work and auto laundry.
Shall mean a line drawn parallel with lot line and drawn
through the point of a building lying nearest to the street line or
lot line.
Shall mean a triangular area at a street intersection where
vision is unobstructed, which area is formed by the intersection street
lines and a line drawn between points on the street centerline located
75 feet from the intersection of the centerlines.
Shall mean any name, identification, description, display
or device which is affixed to, or painted on, or represented directly
or indirectly upon a building, structure or parcel of land, and which
directs attention to a person, organization, institution, activity,
place, object, product, business, entertainment, service or profession.
The sign area of a box sign shall be the area of the box enclosing
the illuminating apparatus to which the lettering and/or symbols is
applied.
The sign area of an individual letter sign shall be the area
of the smallest single rectangle which encompasses all lettering and/or
symbols.
The sign area of a flat sign shall be the area of the backing
to which the lettering and/or symbol is applied.
The sign area of a projecting sign or freestanding sign shall
be defined as the above items (1) and (3) except that both sides of
a projection or freestanding sign shall be considered in determining
the sign area.
Name and property address signs, governmental and public utility
signs, legal and other required notice signs and traffic, parking
and directional signs shall not be considered in determining the sign
area of a building.
Shall mean that area of a building facade fronting on a public
right-of-way which is occupied by a single occupant. The sign facade
area shall be the product of the sign frontage and the floor-to-floor
height of the occupied space. Where all floors are occupied by a single
use, the sign facade area shall be the product of the sign frontage
and the floor-to-roof height (with parapets and/or other flat work
omitted).
Shall mean the length along each occupiable floor of a building
front or building side which faces a street or a private way directly
accessible from a street which is occupied by a separate and distinct
use.
Shall mean a sign which bears only the name(s) of the individual
building occupant(s) and/or the property address(es) and post office
number(s).
Shall mean a sign, freestanding or attached to a building
or structure, which directs attention to a business, commodity, service,
or entertainment sold or offered elsewhere than upon the premises
where such sign is located, or to which it is affixed.
Shall mean a sign on or attached to a temporary retractable
shelter which is supported entirely by the exterior wall of a building.
Shall mean a sign consisting of individually painted, plastic,
metal, or wood letters or symbols applied to or embossed in an enclosure
containing interior illumination or an apparatus for interior illumination
or an apparatus for interior illumination of the background, the individual
letters and/or symbols.
Shall mean a sign which directs attention to a business,
profession, commodity service, or entertainment offered or sold upon
the premises where such sign is located or to which it is affixed.
Shall mean a sign on or attached to a permanent overhanging
shelter which projects from the face of a building and is supported
only partially by the building.
Shall mean an illuminated sign on which the attached artificial
light is not stationary and/or constant in intensity and color at
all times when such sign is in use. Any revolving, illuminated sign
shall be considered a flashing sign.
Shall mean a sign consisting of individually painted, plastic,
metal or wood letters applied, embossed or engraved on a flat backing
which is attached to a building facade, freestanding support, or other
structure.
Shall mean flags and insignia of any government and/or public
utility except when displayed as a commercial promotion.
Shall mean a sign which identifies a permitted home professional
occupation, affixed to the structure.
Shall mean a sign which identifies the name of a building,
the primary occupant, or the principal use of the premises not related
to a business or any combination of the above.
Shall mean a sign which is artificially lit by an exterior
apparatus or which contains interior illumination or apparatus for
interior illumination of the background, individual letters, and/or
symbols of a sign.
Shall mean a sign which consists of individual plastic, wood,
metal or other material, letter(s) and/or symbol(s) which are attached
directly to the facade of a building.
Shall mean a board or panel with means for interchanging
letters and/or messages which is erected and maintained by a church,
synagogue, temple, school, governmental building, or other approved
religious or institutional use for the purpose of announcing events
related to such institution or church.
Shall mean a sign on or attached to a permanent overhanging
shelter which projects from the face of a building and is entirely
supported by the building.
Shall mean a sign containing the sign message in a plane
or planes not parallel to the building to which it is attached.
Shall mean a sign located on the roof of a building or supported
by the roof of a building.
Shall mean a sign attached to a building in such a manner
that the sign message is parallel to the face of the building to which
it is attached.
Shall mean a sign which is mounted on the inside of a window
in such a manner that it can be viewed from the exterior of a building.
Shall mean a line of unobstructed vision from a point three
feet above the centerline of a street, alley or excess driveway to
the nearest point on the top of an object four inches high on the
same centerline.
Shall mean a development plan of one or more lots on which
is shown, (a) the existing and proposed conditions of the lot, including
but not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways, (b) the location of all existing and proposed
buildings, drives, parking spaces, walkways, means of ingress and
egress, drainage facilities, utility services landscaping, structures
and signs, lighting, screening devices, and (c) any other information
that may be reasonably required in order to make an informed determination
pursuant to the review and approval requirements of this chapter.
Shall mean the sketch map of the subdivision or site plan
of sufficient accuracy to be used for the purpose of discussion and
classification and meeting the requirements of this chapter.
Shall mean a social club entity as defined in this chapter,
converting premises formerly used for business or commerce, to use
(a) exclusively or primarily as a meeting or gathering place; (b)
for generally noncommercial purposes; and (c) exclusively or primarily
for individuals with similar tastes or interests. It shall not be
sufficient to exclude an entity from this definition that occasionally
uses its premises for commercial purposes or occasionally is open
to members of the general public.
Shall mean a nationally, State or locally affiliated and
chartered association of persons for promotion of some nonprofit common
objectives, such as literature, science, politics, good fellowship,
etc., meeting periodically, limited to members and their guests. The
sale of alcoholic beverages to members and their guests may be allowed,
provided it is secondary and incidental to the promotion of some other
common objective by the organization.
That portion of a building consisting of a minimum seven
feet of vertical height between the surface of any floor and roof/floor
above it, that is defined as a livable space and is counted as a full
story. Any space between the floor and roof with less than seven feet
and is not livable space, as defined herein, shall not be considered
a story. Ground story containing livable space behind the garage and
consisting of minimum seven feet of vertical height between floor
and roof/floor above it shall be considered a story.
[Amended 7-14-2021 by Ord. No. O-21-32]
A space under a roofline at the top of a building, which
has vertical distance of minimum seven feet between roof and ceiling
and the total area of this livable space is 50% or less of the total
area of the floor below it. A half-story may not have its own separate
entrance or exit. A half-story, which does not contain an internal
staircase, may not have a kitchen, bedroom(s) or plumbing. A half-story,
which contains an internal staircase, creating a duplex, may not have
a kitchen or bedroom(s) but may include a half-bathroom.
[Amended 7-14-2021 by Ord. No. O-21-32]
Shall mean any street, avenue, boulevard, road, lane, parkway,
viaduct, alley or other way which is an existing State, County or
municipal roadway, or a street or way shown upon a plat heretofore
approved pursuant to law or approved by official action or a street
or way on a plat duly filed and recorded in the office of the County
Recording Officer and includes the land between the right-of-way lines
whether improved or unimproved and may comprise pavement, shoulders,
gutters, sidewalks, parking lanes and other areas within the right-of-way
lines. For the purpose of this chapter, streets shall be classified
as follows:
RESIDENTIAL SERVICE STREETSShall mean streets providing direct access to residential structures, and intended primarily to serve only the properties along them.
LOCAL STREETSShall mean streets connecting residential service streets, providing access to community facilities and secondary traffic arteries and intended primarily for the use of neighborhood traffic.
COLLECTOR STREETSShall mean streets connecting feeder streets to major traffic streets, intended primarily for inter-neighborhood and commuter traffic.
ARTERIAL STREETSShall mean streets serving large volumes of comparatively long distance, high speed traffic and intended primarily for intercity and commuter traffic.
Shall mean the street right-of-way line forming the dividing
line between the street and a lot.
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above, or
below the surface of a parcel of land.
Shall mean any individual, firm, association, syndicate,
partnership, corporation, trust of any other legal entity commencing
proceedings under this chapter to effect a subdivision of land hereunder
for himself or for another.
Shall mean the division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter, if no new streets are created:
(a) divisions of land found by the Planning Board of subdivision committee
thereof appointed by the Chairman to be for agricultural purposes
where all resulting parcels are five acres or larger in size, (b)
divisions of property by testamentary or interstate provisions, (c)
divisions of property upon court order and (d) conveyances so as to
combine existing lots by deed or other instrument. The term "subdivision"
shall also include the term "resubdivision."
Shall mean a Committee of at least three Planning Board members
appointed by the Chairman of the Board for the purpose of classifying
subdivisions and site plans and such other duties relating to land
subdivision and site plan review which may be conferred on this Committee
by the Board.
Shall mean any improvement or repair of a structure, the
cost of which equals or exceeds 50% of the market value of the structure
before the improvement is started or, if the property has been damaged
and is being restored, before the damage has occurred.
Shall mean a retail establishment primarily selling food
as well as other conveniences and household goods.
Shall mean any artificially constructed pool, lake, pond,
or impoundment maintained by an individual for the recreational use
of household and guests, located on a lot as accessory to a residence.
Any store, stand, booth, concession or other place that either
devotes a substantial portion of its display area (5% or more floor
or wall space) to tobacco products, hookahs, electronic vapor devises,
electronic inhalation substances or drug paraphernalia to purchasers
for consumption or use.
[Added 7-19-2023 by Ord. No. O-23-29]
Shall mean any structure designed for the purpose of mounting
upon wheels, but incapable of moving or traveling under its own power
other than when attached to a motorized trucking cab for the purpose
of traveling or hauling.
Shall mean any premises on which are parked two or more vehicles
designed, intended, arranged or used for housekeeping and sleeping
purposes, or any premises used or offered for the purpose of supplying
to the public a parking space for two or more such vehicles, whether
such vehicles stand on wheels or rigid supports.
Shall mean permission from the appropriate authority to depart
from the literal requirements of the chapters comprising the Land
Development Regulations of the City of Bayonne.
Shall mean any self-service device offered for public use
which, upon insertion of a coin, coins or token, or by other means,
dispenses unit servings of food or beverage, either in bulk or in
package.
Shall mean a place where animals are given medical care and
the boarding of animals is limited to short-term care incidental to
the hospital use.
Shall mean a building used primarily for the storage of goods
and materials operated for a specific commercial establishment in
a particular industrial or economic development areas.
Shall mean an open space, extending along the full width
of the lot, bounded in front by the street line, if straight, or by
the line tangent to the street line at the midpoint of the frontage,
if curved, and bounded in the rear by a straight line drawn through
the front most building point and parallel to the front line.
Shall mean an open space extending along the full width of
the lot bounded in the rear by the rear lot line, if straight, or
by the line drawn tangent at the midpoint of the rear lot line to
the rear lot line, if curved, and bounded in front by a straight line
drawn through the rear-most building point and parallel to the rear
line.
Shall mean an open space extending from the front yard to
the rear yard and lying between the side lot line and the closest
building point on either side.
Shall mean the location of a building on a lot in such a
manner that one or more of the building's sides rest directly on a
lot line.
Shall mean the Zoning Board of Adjustment of the City of Bayonne established pursuant to subsection 33-3.4 of the Revised General Ordinances of the City of Bayonne, and N.J.S.A. 40:55D-69.
Shall mean the officer charged with the administration and enforcement of Chapter 35, Zoning Regulations.
Shall mean a document signed by the Zoning Officer (a) which
is required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building and (b) which
acknowledges that such use, structure or building complies with the
provisions of the zoning ordinance or variance therefrom duly authorized
by an approving agency and as set forth in this chapter.
Shall mean Chapter 35 of the Revised General Ordinances of the City of Bayonne.
[1]
Editor's Note: Pursuant to N.J.S.A. 40:55D-66.2, community
residences for the developmentally disabled may accommodate up to
15 residents.
