[Adopted by the City Council of the City of Newark 11-1-2023 by Ord. No. 6PSF-E,
11-01-2023. Chapter history includes Ord. No. 6PSF-C,
2-4-2015 as amended by Ord. No. 6PSF-C, 1-9-2019; Ord. No. 6PSF-A,
5-1-2019; Ord. No. 6PSF-AB (s), 08-19-2021. Amendments noted where
applicable.]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Whenever the following terms, words or phrases are used in this
Title, they shall have the meaning and scope herein given. Words used
in the present tense include the future; the singular number includes
the plural and the plural includes the singular. The word "lot" includes
the word "plot;" the word "building" includes the word "structure;"
the word "zone" includes the word "district;" the word "occupied"
includes the words "designed or intended to be occupied" and the word
"used" includes the words "arranged, designed or intended to be used."
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
(See "Structure, Accessory").
Shall mean a dwelling unit that is attached or detached or
located within or appurtenant to a permitted principal single-family
dwelling unit, is located on the same lot as a permitted principal
dwelling unit, and contains provisions for independent living, including
space for sleeping, food preparation, and sanitation.
Shall mean a shed, accessory structure or building used primarily
for storage purposes. Shed is defined herein.
(See "Structure, Accessory").
(See "Use, Accessory").
Shall mean retail, cultural venue, artisans and craft workspaces,
live-work units, makers spaces, recreation rooms, entertainment venues,
fitness rooms, production areas, and workshops.
(See "Park: Recreation Park, Active").
Shall mean an extension or increase in floor area or height
to an existing building or structure.
Shall mean a lot or parcel of land that shares all or part
of a common lot line with another lot or parcel of land.
Shall mean the Zoning Officer or authorized designee for
purposes of the application and enforcement of this Title.
(See "Community Center" or "Adult Family Care Home").
Shall mean a residence regulated by the New Jersey Department
of Health (NJDH) and housing no more than three clients which offers
twenty-four-hour per day living arrangements for persons who, because
of age or physical disability, need assistance with activities of
daily living, and for whom personal care and other supportive services
designed to meet their individual needs are provided by caregivers
licensed by NJDH, pursuant to N.J.S.A. 26:2Y-1 et seq., "New Jersey
Adult Family Care Act."
Shall mean and include the Newark Liberty International Airport,
flight training schools, aircraft hangers, airport repair and maintenance
facilities, aircraft chartering operations, air freight operations,
and accessory maintenance, storage, and commercial uses that directly
serve airport users on airport property.
Shall mean the traveled way by which cars enter and depart
parking spaces.
Shall mean a minor way which is used primarily for vehicular
service access to the back or side of properties otherwise abutting
on a street.
Shall mean 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 structure, whether horizontally or vertically, or the moving
of a building or structure from one location to another.
Shall mean a living organism other than a plant or bacterium,
including fish, amphibians, reptiles, birds, and other mammals, excluding
humans.
Shall mean any establishment wherein or whereupon the business
of boarding or selling or breeding of dogs and/or cats for sale is
carried on, except a pet shop.
Shall mean an establishment wherein food and beverage may
be sold while simultaneously animals are available for visit and adoption.
Educational and recreational programs may be conducted as an accessory
use to the cafe. Areas where animals reside and in which direct contact
with animals is permitted shall be separated by windows and doors
from any area in which food is prepared or consumed. Food preparation
and consumption areas shall be subject to all applicable health codes
and inspections.
Shall mean any place kept or maintained for the care, grooming,
training, exercising, and socializing of live dogs or cats for less
than 24 hours per day by a person other than the owner of the live
animal. Animal day care does not include facilities that provide animal
boarding, breeding or selling of animals, or facilities whose primary
source of revenue is licensed veterinarian services.
Shall mean any place or establishment whose primary service
offered is to be a place where cats or dogs are bathed, clipped, or
combed for the purpose of enhancing their aesthetic value and/or health.
Such use shall not include animal boarding, kennels, or animal daycare.
Shall mean a retail sales food market where, in the regular
course of business, non-domesticated animals are stored alive for
the purpose of on-site slaughtering, dressing and/or evisceration
to be sold to consumers for the purpose of human consumption.
Shall mean any establishment where stray, homeless, abandoned,
or unwanted domesticated animals are received, housed and distributed.
Such use shall be owned, operated, or maintained by a public body,
established humane society, animal welfare society, or other nonprofit
organization devoted to the welfare, protection, and humane treatment
of animals.
Shall mean an animal no larger than the largest breed of
dogs. This term includes fish, birds, and mammals customarily kept
as domestic pets within a dwelling unit.
(See "Dwelling, Multi-Family/Multiple").
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 plat, site plan,
planned development, conditional use, zoning variance or direction
of the issuance of a permit pursuant to section 25 or section 27 of
P.L. 1975, c.291 (C.40:55D-34 or C.40:55D-36).
Shall mean a plan that has been granted final approval by
the appropriate approving agency.
Shall mean the planning board of the municipality, unless
a different agency is designated by ordinance when acting pursuant
to the authority of P.L. 1975, c. 291 (C.40:55D-1 et seq.).
(See "Urban Farm").
(See "Urban Farm").
Shall mean a linked collection of photovoltaic modules which
are in turn made of multiple interconnected solar cells.
Shall mean space for skilled craft workers who create things
by hand that may be functional or decorative in nature including but
not limited to: art, furniture, sculptures, clothing and jewelry.
The display and sale of these crafts is permitted as an accessory
use.
Shall mean a place designated to be used as both a dwelling
place and a place of work by artists and craftspersons for the production
of (a) paintings, drawings, jewelry, pottery or sculpture involving
the use of fiberglass, epoxy and other toxic or hazardous materials
or one or more of the following processes: welding, woodworking, spray
painting, silk screening or fired ceramics, (b) dance or live music
involving electronically amplified sound, or (c) moving or still photography
(excluding video) involving on-site film processing. Artists engaged
in their residence in the production of dance, live music, creative
writing, painting, drawings, pottery or sculpture, video, moving or
still photography, or any other art form or craft which does not involve
amplified sound or one or more of the materials or processes listed
above shall not be considered an artist live/work studio for the purpose
of this Chapter.
Shall mean a facility or portion thereof which is licensed
by the New Jersey Department of Health (NJDOH) to provide apartment-style
housing and congregate dining and to assure that assisted living services
are available when needed, for four or more adult persons unrelated
to the proprietor. Apartment units offer, at a minimum, one unfurnished
room, a private bathroom, a kitchenette, and a lockable door on the
unit entrance.
Shall mean that part of a building which is immediately below,
and wholly or partly within, the roof framing.
Shall mean an attic that has a stairway as a means of access
and egress and in which the ceiling area at a height of seven feet
above the attic floor is not more than 1/3 of the area of the next
floor below.
Shall mean a membership-based entity with a distributed fleet
of private motor vehicles that are made available to its members primarily
for hourly or other short term use through a self-service fully automated
reservation system. An auto-sharing organization does not include
any arrangement where a separate written agreement is entered into
each time a vehicle is transferred from a rental company to its customer.
Shall mean a self-propelled, free-moving vehicle with four
wheels, usually used to transport not more than eight passengers,
and licensed by an appropriate agency as a passenger vehicle.
Shall mean an establishment that provides for the washing,
cleaning, waxing or detailing of passenger vehicles, either by means
of employees or by means of automated or semi-automated methods or
cleaning, or by a combination thereof.
Shall mean those establishments which provide wrecker service;
collision services including body frame or fender straightening; customizing;
vehicle steam cleaning; undercoating and rust proofing; or repair
and painting of the exterior or interior of vehicles by spraying,
dipping flow-coating or similar means; and other similar uses. Automobile
paint and body repair may also include diagnostic services, general
repair associated with automobile repair shops.
Shall mean an establishment used for the purpose of renting
automobiles, small trucks or vans, trailers, motorcycles, or recreational
vehicles.
Shall mean a facility for the servicing or minor mechanical
repair of motor vehicles. This use may include the retail sale of
lubricating oils, tires, or parts for use in motor vehicles. This
use does not include as its primary function the disassembly, rebuilding,
and replacement of motor vehicle engines, transmissions, or other
major machinery components, nor auto body repair or painting.
Shall mean those uses that provide for the sale of new or
used automobiles, small trucks or vans, trailers, motorcycles, or
recreational vehicles, and including any vehicle preparation, warranty,
or repair work conducted as an accessory use.
(See "Vehicle Towing Facility").
Shall mean equipment designed to deposit motor vehicles in
a parking space or to serve as the mechanism to provide a parking
space by moving motor vehicles vertically and/or horizontally above
floor level on pallets or platforms equipped with tracks, channels
or similar devices to hold the vehicle's wheels, not the vehicle
frame or designated support points, in place while the vehicle is
being moved vertically or horizontally.
Shall mean a person or establishment who pledges United States
currency, United States postal money orders, or cashier's checks
as security for a bail bond in connection with a judicial proceeding
and receives or is promised there for money or other things of value.
See "Event Space"
Shall mean an establishment licensed by the New Jersey Division
of Alcoholic Beverage Control to sell alcoholic beverages for consumption
by patrons on the premises. Pursuant to N.J.S.A. 33:1-12, packaged
crackers, chips, nuts and similar snacks may be sold as an accommodation
to patrons. For the purposes of this Chapter, a "bar, tavern or lounge"
shall be deemed an "eating and drinking establishment" only if food
is prepared, served and consumed on the premises.
Shall mean a space having more than one-half its floor-to-ceiling
height above the average level of the adjoining ground. A basement
shall be counted as a story if the distance between the grade elevation
to the floor immediately above equals or exceeds seven feet.
Shall mean a private room intended or used for sleeping separate
from other rooms by a door or other physical barrier.
Shall mean an outdoor sign or combination of signs with size
greater than 16 square feet that directs attention to or advertises
a business, commodity, service, or entertainment conducted, sold,
or offered at a location other than the premises on which the sign
is located. This definition does not include advertising placed on
a public bus or railroad shelter, inside an athletic or performing
arts facility, or other signs erected by the City of Newark, its designee,
or a State or municipal public transportation agency. This definition
also does not include artistic murals with no commercial purpose nor
does it include wayfinding or neighborhood welcome signs erected with
the Department of Engineering's approval. This definition shall
also not apply to any official sign established pursuant to the provisions
of the Manual of Uniform Traffic Control Devices erected on any public
highway by the public authority having jurisdiction over that public
highway. For the purpose of this ordinance, the terms "billboard"
and "billboard facility" shall both mean the sign face, border, support
hardware, mounting hardware, and all other physical items constructed
for the purpose of facilitating a billboard.
Shall mean the board established pursuant to section 56 of
P.L. 1975, c. 291 (C.40:55D-69).
Shall mean any establishment where tattooing, permanent make-up
and/or body piercing (other than ear piercing) takes place and that
meets the requirements of N.J.A.C. 8:27-1 et seq. This definition
does not include practices that are considered medical procedures
by the New Jersey State Board of Medical Examiners.
Shall mean a commercial facility, which shall not sell or
serve food or operate a restaurant, which brews any malt alcoholic
beverage in quantities for which it is licensed by the Alcoholic Beverage
Commission pursuant to N.J.S.A. 33:1-10. The limited brewery may sell
the product at retail to consumers on the licensed premises of the
brewery for consumption on the premises but only in connection with
tours of the brewery, or for consumption off premises in a quantity
of not more than 15.5 fluid gallons per person, and to offer samples
for sampling purposes only. "Sampling" shall mean the selling at a
nominal charge or the gratuitous offering of an open container not
exceeding four ounces of any malt alcoholic beverage produced on the
premises. In addition, uses which manufacture 10,000 barrels of beverage
or less, but do not meet the one or more requirements of N.J.S.A.
33:1-10 and N.J.S.A. 33:1-12, shall be considered as limited brewery.
Shall mean a commercial establishment, commonly known as
Brewpub, that brews any malt alcoholic beverage on site and that meets
the requirements of N.J.S.A. 33:1-10 and N.J.S.A. 33:1-12. The restricted
brewery shall operate in conjunction with a "Sit-Down Restaurant,"
as defined herein. The restricted brewery may not manufacture more
than 10,000 of 31 gallons capacity per year. The restricted brewery
may sell, transport, and deliver malt alcoholic beverages to wholesalers
licensed in accordance with N.J.S.A. 33:1-10.
Shall mean a combination of materials to form a construction
adapted to permanent, temporary, or continuous use or occupancy and
having a roof.
(See "Lot Coverage by Building").
Shall mean the area encompassed by a building's outer
wall at ground level.
(See "Height of Building").
(See "Structure, Accessory").
Shall mean a building that abuts two side lot lines or is
one of a row of abutting buildings.
Shall mean a freestanding building that does not abut any
other building and where all sides of the building are surrounded
by yards or open areas within the zoning lot.
Shall mean a building in which is conducted a principal use
of the lot on which it is located.
Shall mean a building that abuts or shares a wall, on a side
lot line, with another building on an adjoining zoning lot and where
the remaining sides of the building are surrounded by open areas or
street lines.
Shall mean and include institutions engaged in specialized
instructional areas such as but not limited to driving, trade, language
school, art, music, and dance schools.
(See "Nightclubs, Discotheques & Cabarets").
Means a cable television company as defined pursuant to Section
3 of P.L. 1972, c. 186 (C. 48:5A-3).
Shall mean all parts of the plant Cannabis sativa L., variations,
and derivative products thereof having the same definitions as set
forth in the State Law in accordance with P.L. 2021, c. 16 (C. 24:6I-33).
Means a designated indoor location operated by a licensed
cannabis retailer or permit holder for dispensing medical cannabis,
for which a State and local endorsement has been obtained, that is
an indoor, structurally enclosed area of the cannabis retailer or
permit holder that is separate from the area in which retail sales
of cannabis items of the dispensing of medical cannabis occurs.
Means any licensed person or entity that grows, cultivates,
or produces cannabis in this State, and sells, and may transport,
this cannabis to other cannabis cultivators, or usable cannabis to
cannabis manufacturers, cannabis wholesalers, or cannabis retailers,
but not to consumers. This person or entity shall hold a Class 1 Cannabis
Cultivator license as established and defined by P.L. 2021 c. 16 (C.
24:6I-33).
Means any licensed person or entity that provides courier
services for consumer purchases of cannabis items and related supplies
fulfilled by a cannabis retailer in order to make deliveries of the
cannabis items and related supplies to that consumer, and which services
include the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. This person or entity shall hold a Class 6 Cannabis
Delivery license as established and defined by P.L. 2021 c. 16 (C.
24:6I-33).
Means any licensed person or entity that transports cannabis
in bulk intrastate from one licensed cannabis cultivator to another
licensed cannabis cultivator, or transports cannabis items in bulk
intrastate from any one class of licensed cannabis establishment to
another class of licensed cannabis establishment, and may engage in
the temporary storage of cannabis or cannabis items as necessary to
carry out transportation activities. This person or entity shall hold
a Class 4 Cannabis Distributor license as established and defined
by P.L. 2021 c. 16 (C. 24:6I-33).
Means any licensed person or entity that processes cannabis
items in this State by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 Cannabis Manufacturer license
as established and defined by P.L. 2021 c. 16 (C. 24:6I-33).
Means a person or entity licensed under P.L. 2021, c. 16
(C. 24:6I-31 et al.) as a cannabis cultivator, cannabis manufacturer,
cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis
delivery service that may only, with respect to its business operations,
and capacity and quantity of product: (1) employ no more than 10 employees;
(2) operate a cannabis establishment occupying an area of no more
than 2,500 square feet, and in the case of a cannabis cultivator,
grow cannabis on an area no more than 2,500 square feet measured on
a horizontal plane and grow above that plane not higher than 24 feet;
(3) possess no more than 1,000 cannabis plants each month, except
that a cannabis distributor's possession of cannabis plants for
transportation shall not be subject to this limit; (4) acquire each
month, in the case of a cannabis manufacturer, no more than 23 1,000
pounds of usable cannabis; (5) acquire for resale each month, in the
case of a cannabis wholesaler, no more 25 than 1,000 pounds of usable
cannabis, or the equivalent amount in any form of manufactured cannabis
product or cannabis resin, or any combination thereof; and (6) acquire
for retail sale each month, in the case of a cannabis retailer, no
more than 1,000 pounds of usable cannabis, or the equivalent amount
in any form of manufactured cannabis product or cannabis resin, or
any combination thereof.
Means any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 Cannabis Retailer license as
established and defined by P.L. 2021 c. 16 (C. 24:6I-33).
Means any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. This person or entity shall hold a Class 3 Cannabis Wholesaler
license as established and defined by P.L. 2021 c. 16 (C. 24:6I-33).
Means a governmental acquisition of real property or major
construction project.
(See "Event Space").
Shall mean that portion of a building below the first floor
level having more than 1/2 of its height below the curb level at the
center of the street in front of the building. Where the walls of
a building do not adjoin a street or building line, then a cellar
is a story having more than 1/2 of its height below the average level
of the ground on which the building stands.
Shall mean property used for the internment of the dead.
Shall mean the municipal planning board of the City of Newark
established pursuant to N.J.S.A. 40:55D-1 et seq.
Shall mean a certificate issued by the Director of the Department
of Neighborhood and Recreational Services that indicates that a structure
intended for human habitation including any dwelling, residence or
apartment building has been inspected and appears to be in compliance
with the minimum standards for habitation described by the Director
in his/her housing and zoning regulations.
Shall mean the certificate provided for in N.J.A.C. 5:23-2,
indicating that the construction authorized by the construction permit
has been completed in accordance with the construction permit, the
act and the regulations. See "State Uniform Construction Code Act,"
P.L. 1975, c.217 (C. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
Shall mean the amount of voltage provided to charge an electric
vehicle varies depending on the type of EVSE as follows:
Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC
circuit.
Level 2 operates on a 40 to 100 amp breaker on a 208 or 240
volt AC circuit.
Direct-current fast charger (DCFC) operates on a 60 amp or higher
breaker on a 480 volt or higher three phase circuit with special grounding
equipment. DCFC stations can also be referred to as rapid charging
stations that are typically characterized by industrial grade electrical
outlets that allow for faster recharging of electric vehicles.
Shall mean a person or business that for compensation engaged,
in whole or in part, in the business of cashing checks, warrants,
drafts, money orders, or other commercial paper serving the same purpose.
Such facility does not include a state or federally chartered bank,
savings association, credit union, or industrial loan company.
Shall mean any facility which is maintained for the care,
development, supervision of six or more children who attend the facility
for less than 24 hours a day and that is licensed by the State of
New Jersey pursuant to N.J.S.A. 30:5B-1 et seq. This term shall include,
but shall not be limited to, day care centers, drop-in centers, nighttime
centers, recreation centers sponsored and operated by a county or
municipal government recreation or park department or agency, day
nurseries, nursery and play schools, cooperative child centers, centers
for children with special needs, centers serving sick children, infanttoddler
programs, school age child care programs, employer supported centers,
centers that had been licensed by the New Jersey Department of Human
Services (NJDHS) prior to the enactment of the "Child Care Center
Licensing Act," P.L. 1983, c.492 (C. 30:5B-1 et seq.) and kindergartens
that are not an integral part of a private educational institution
or system offering elementary education in grades kindergarten through
sixth, seventh or eighth. This term shall not include:
A program operated by a private school which is run solely for
educational purposes. This exclusion shall include kindergartens,
prekindergarten programs or child care centers that are an integral
part of a private educational institution or system offering elementary
education in grades kindergarten through sixth, seventh or eighth;
Centers or special classes operated primarily for religious
instruction or for the temporary care of children while persons responsible
for such children are attending religious services;
A program of specialized activity or instruction for children
that is not designed or intended for child care purposes, including,
but not limited to, Boy Scouts, Girl Scouts, 4-H clubs, and Junior
Achievement, and single activity programs such as athletics, gymnastics,
hobbies, art, music, and dance and craft instruction, which are supervised
by an adult, agency or institution;
Youth camps required to be licensed under the "New Jersey Youth
Camp Safety Act," P.L. 1973, c. 375 (C. 26:12-1 et seq.). To qualify
for an exemption from licensing under this provision, a program must
have a valid and current license as a youth camp issued by the New
Jersey Department of Health (NJDOH). A youth camp sponsor who also
operates a child care center shall secure a license from the New Jersey
Department of Children and Families (NJDCF) for the center;
Day training centers operated by or under contract with the
Division of Developmental Disabilities within the New Jersey Department
of Human Services (NJDHS);
Programs operated by the board of education of the local public
school district that is responsible for their implementation and management;
A program such as that located in a bowling alley, health spa
or other facility in which each child attends for a limited time period
while the parent is present and using the facility;
A child care program operating within a geographical area, enclave,
or facility that is owned or operated by the Federal government;
A family day care home that is registered pursuant to the "Family
Day Care Provider Registration Act," P.L. 1987, c.27 (C. 30:5B-16
et seq.); and
Privately operated infant and preschool programs that are approved
by the New Jersey Department of Education (NJDOE) to provide services
exclusively to local school districts for handicapped children, pursuant
to N.J.S.A. 18A:46-1 et seq.
Shall mean a person under the age of 18 years.
Shall mean any bar, or area within a bar, designated specifically
for the smoking of tobacco products, purchased on the premises or
elsewhere, except that a cigar bar that is in an area within a bar
shall be an area enclosed by solid walls or windows, a ceiling and
a solid door and equipped with a ventilation system which is separately
exhausted from the nonsmoking areas of the bar so that air from the
smoke area is not recirculated to the nonsmoking areas and smoke is
not backstreamed into the nonsmoking areas.
Shall mean a retail sales establishment in which at least
51% of the business is the sale of tobacco products and accessories,
including liquids and accessories used for vaporized consumption of
nicotine containing products, and in which the sale of other products
is merely incidental.
Shall mean systems, structures and physical improvements
for the movement of people, goods, water, air, sewage, or power by
such means as streets, highways, railways, waterways, 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 City of Newark.
Shall mean the Clerk of the City of Newark.
Shall mean a flexible space offering one or more of the following:
common and/or private work space, meeting rooms, shared amenities
and equipment, business support and development services, package
and mail facilities, office management services, or flexible working
areas. The space shall not be restricted to use by a single entity
and shall provide subscription-based, short-term, daily, or time-based
rental options for a diverse set of clients.
Shall mean an unheated outdoor structure consisting of a
wooden or concrete frame and a top of glass or clear plastic, used
for protecting seedlings and plants from the cold.
Shall mean and include private or public colleges, universities
or junior colleges, or other institutions of higher learning, which
primarily teach classes that would count toward any bachelor degree,
and the institutions associated dormitories. "College/University"
shall not include "business, specialized or vocational schools," as
defined herein.
Shall mean locating two or more transmission antennas, microwave
dishes or related equipment on the same cellular antenna tower or
building.
Shall mean a building or structure containing niches for
the placement of cremated human remains.
Shall mean a land use category that consists of a place of
activity involving the sale of goods or services or the operation
of an office.
Shall mean any structure or part of a structure used to store,
maintain, or operate equipment involved in the operation of a commercial
antenna including electronic equipment.
Shall mean any installation of commercial antennas within
the City of Newark. This shall include mounting on existing structures,
construction of any type of tower or other structure for commercial
antenna purposes, installation of electronic equipment, construction
or creation of cabinets, rooms or sheds for electronic equipment.
Shall mean any combination of antennas and support accessory
structures and buildings and antennas designed in whole or in part
for the reception and/or transmission of wireless communications including
cellular and personal communications systems (PCS) signals or other
form of radio frequency energy as part of a licensed radio television
microwave, or other wireless communication facility, any system or
reception devices including an amateur radio operation that is subject
to license by the Federal Communication Commission, shall fall under
the definition and regulations of commercial antennas.
Shall mean a building, group of buildings or outdoor facilities
used for recreational purposes and operated as a business and open
to the public for a fee, including but not limited to, skating and
roller rinks, go-cart raceway, bowling alleys, pool and billiard halls,
indoor batting cages, rock climbing, indoor play areas, sports fields,
recreation centers, and indoor swimming pools or tennis courts, arcades,
paintball and laser tag.
Shall mean a building used for recreational purposes and
operated as a business and open to the public for a fee, including
but not limited to karate or martial arts studios, dance studios,
music instruction, bowling alleys, indoor play areas, recreation centers,
and arcades. Facilities larger than 5,000 square feet shall be considered
"Commercial Recreation, Large Scale."
Shall mean those establishments which repair, install or
maintain the mechanical components or bodies of; or provide for the
sale and rental of large trucks, mass transit vehicles, large construction
or agricultural equipment, or commercial boats. Commercial, industrial
truck and bus services include truck stops and fueling facilities.
Such uses may have, as an accessory use, facilities for washing the
vehicles.
Shall mean an establishment that provides for the washing
of tractor-trailer trucks, busses and other large commercial vehicles
by means of automated or semiautomated methods of cleaning, or by
a combination thereof.
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 a building used for recreational, social, educational
and cultural activities, open to the public or a designated part of
the public, usually owned and operated by a public or non-profit group
or agency. A community center shall include those facilities with
regular operating hours and staff that provide a broad spectrum of
health, social, nutritional and educational services and recreational
activities. This use shall also include a Senior Center. This use
shall not include Child Care Centers, Substance Abuse Treatment Centers,
or Private Clubs.
Shall mean an established area with multiple stalls where
three or more farmers/growers gather on a regular, recurring basis
to sell food crops and non-food crops directly to the consumer.
Shall mean an area less than one acre managed and maintained
by a group of individuals to grow and harvest food crops or non-food
ornamental crops, such as flowers, for personal or group consumption
or donation. A community garden area may be divided into separate
garden plots or orchard areas for cultivation by more than one individual
or may be farmed collectively by members of the group for a minimum
of 15 hours a week during the growing season. A community garden may
include common areas maintained and used by the group. Community gardens
may be principal or accessory uses and may be located on a roof or
within a building.
Shall mean a community residential facility licensed pursuant
to P.L. 1977, c. 448 (C.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," P.L. 1971, c.136 (C.26:2H-1 et al.). "Person with head
injury" means a person who has sustained an injury, illness or traumatic
changes to the skull, the brain contents or its coverings which results
in a temporary or permanent physiobiological decrease of mental, cognitive,
behavioral, social or physical functioning which causes partial or
total disability.
Shall mean any community residential facility licensed pursuant
to P.L. 1977, c.448 (C.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," P.L. 1971, c.136 (C.26:2H-1 et al.). In the case of such a 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 Addiction Services of the Department
of Human Services (NJDHS). As used in this act, "developmentally disabled
person" means a person who is developmentally disabled as defined
in section 2 of P.L. 1977, c.448 (C.30:11B-2), and "mentally ill person"
means a person who is afflicted with a mental illness as defined in
C.30:11B-2, but shall not include a person who has been committed
after having been found not guilty of a criminal offense by reason
of insanity or having been found unfit to be tried on a criminal charge.
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, to 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 (NJDHS), pursuant
to P.L. 1979, c.337 (C.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.
(See "Urban Farm").
Shall mean combining organic waste in proper ratios into
rodent-resistant containers, adding moisture and bulking agents to
accelerate the breakdown of organic materials to create compost, the
organic materials that can be used as soil amendment or as a medium
to grow plants.
Shall mean 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 ordinance and upon the issuance
of an authorization therefor by the Central Planning Board. Where,
however, the applicant fails to meet one or more of the conditions
set forth in the ordinance, the application must be to the Zoning
Board of Adjustment in accordance with the provisions of N.J.S.A.
40:55D-70d(3).
Shall mean a retail sales establishment where previously-owned
merchandise, such as clothing, jewelry or other apparel and accessories
is consigned to a dealer who collects a fee and pays the seller after
the merchandise is sold, but shall not include stores selling used
furniture, appliances, vehicles, auto parts, scrap or waste. Consignment
shops shall not include any provisions for after-hours drop-off of
merchandise such as outdoor donation bins. (See also "Resale or Thrift
Shop.")
Shall mean and include the provision of repair services directly
to the consumer which shall include, but not be limited to, appliance
repair; locksmiths; shoe and apparel repair including tailors; jewelry,
watch and clock repair; bicycle repair; musical instrument repair;
and other closely-related uses as determined by the Zoning Officer.
This use shall not include automobile paint and body repair, automobile
repair. Dry cleaning and laundry establishment, laundromats, or a
commercial/wholesale laundry facility are defined herein.
Shall mean a retail sales establishment offering prepackaged
food products, toiletries, household items, tobacco products, newspapers
and magazines, flower arrangements, and freshly prepared foods for
off-site consumption. Such use includes bodegas. Such uses do not
include take-out restaurants, as defined herein, or any other establishment
where the primary use is the retail sale of food. Convenience retail
establishments shall not include any commercial cooking appliances
for heating or cooking food which produce grease vapors, steam, fumes,
smoke, or odors that are required to be removed through an independent
exhaust system. Such appliances include deep fat fryers; upright broilers;
griddles; broilers; steam-jacketed kettles; hot-top ranges; under-fired
broilers (charbroilers); ovens; barbeques; rotisseries; and similar
appliances.
Shall mean County of Essex, New Jersey.
Shall mean a composite of the master plan for the physical
development of Essex County with the accompanying maps, plats, charts
and descriptive and explanatory matter adopted by the County Planning
Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
Shall mean the Essex County Planning Board.
Shall mean a stand-alone facility dedicated to the disposition
of dead animal remains by means of cremation.
Shall mean a structure containing cremation chambers used
to cremate human remains.
Shall mean the New Jersey Compassionate Use Medical Marijuana
Act, P.L. 2009, c. 307 (approved January 18, 2010, codified at N.J.S.A.
24:6I-1 et seq.)
Shall mean the permanently established grade of the street
curb in front of the lot.
(See "Nightclubs, Discotheques & Cabarets").
(See "Nightclubs, Discotheques & Cabarets").
Shall mean a centralized repository for the storage, management,
and dissemination of data and information. It houses critical computer
systems and associated components for companies and organizations.
Often data centers are referred to as "collection data centers" which
means that several businesses may rent space to house their servers
in a common location. A data center generally includes environmental
controls (air conditioning, fire suppression, etc.), redundant/backup
power supplies, redundant data communications connections and high
security.
(See "Child Care Center").
Shall mean calendar days.
Shall mean the permitted number of dwelling units per gross
area of land to be developed.
Shall mean a business which is conducted under a single owner's
name wherein a variety of unrelated merchandise and services are housed,
enclosed, and are exhibited and sold directly to the customer for
whom the goods and services are furnished. This use shall not include
a flea market or bazaar as defined herein.
Shall mean 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.
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 other structure
or of any mining excavation or landfill, and any use or change in
the use of any building or structure, or land or extension of use
of land, for which permission may be required pursuant to this Title.
Shall mean the zoning ordinance, subdivision ordinance, site
plan ordinance, official map ordinance or other municipal regulation
of the use and development of land, or amendment thereto adopted and
filed pursuant to this Title.
(See "Nightclubs, Discotheques & Cabarets").
Shall mean a facility for the manufacture, on-site storage,
retail sale, and sampling of distilled alcoholic beverages, licensed
per the requirements at N.J.S.A. 33:1-10.3d, and operating per the
terms set forth in that act, which prohibit the sale of food on premise.
Shall mean any enclosed receptacle or container made of metal,
steel, plastic or a similar product and designed or intended for the
donation through a slot in the receptacle and the temporary storage
of clothing, eyeglasses or other materials.
Shall mean a building, or portion thereof, containing rooms
which are provided as residences or for overnight sleeping for individuals
or groups, and includes those residences utilized by fraternities
or sororities which are recognized by or owned by a school or institution
of higher education, but does not include those residences or multiple
dwellings utilized by students which are not recognized by or owned
by a school or institution of higher education. A dormitory is not
to include a building used primarily to house faculty or a multiple
dwelling in which occupancy of each dwelling unit is limited to persons
who are members of a single-family group.
Shall mean the removal of surface water or ground water from
land by drains, grading or other means and includes control of runoff
during and after construction or development to minimize erosion and
sedimentation, to assure the adequacy of existing and proposed culverts
and bridges, to induce water recharge into the ground where practical,
to lessen nonpoint pollution, to maintain the integrity of stream
channels for their biological functions as well as for drainage, and
the means necessary for water supply preservation or prevention or
alleviation of flooding.
Shall mean the land required for the installation of storm
water sewers or drainage ditches, or required along a natural stream
or water course for preserving the channel and providing for the flow
of water therein to safeguard the public against flood damage.
Shall mean a commercial facility or structure that is designed
to allow patrons to order and receive goods and services via a service
window or mechanical device, while remaining in their vehicles at
all times and the consumption or utilization of which shall be off
premises. Such facilities shall include banks, pharmacies, and eating
and drinking establishments. Drive-through facilities may be either
a principal or accessory use. This use shall not include an automobile
car wash or the selling of fuel at a gasoline service station.
Shall mean a private roadway providing access to a street
or highway.
(See "Retail Sales, General Consumer Goods").
Shall mean an establishment where on-site dry cleaning is
performed. A dry cleaning and laundry establishment does not include
a laundry or laundromat which provides self-service type washing and
drying for use of retail customers.
Shall mean an establishment where the general public can
drop-off and pick-up clothing and accessories for the purpose of having
them dry cleaned, laundered, or repaired. No on-site dry cleaning
shall be permitted at a location defined as a "pick-up/drop-off" establishment.
Shall mean any building or portion thereof, which is designed
for or occupied exclusively for human habitation.
Shall mean and include dwelling units located in multi-story
buildings, but only above the ground floor retail, office or service
uses.
Shall mean and include detached or attached buildings containing
four dwelling units, attached either vertically or horizontally.
Shall mean and include buildings containing more than four
dwelling units where each unit is joined to other dwelling units above,
adjacent and/or below. "Multifamily dwellings" may include apartment
buildings and condominiums, as defined herein.
LOW-RISE MULTI-FAMILYShall mean up to five stories or 60 feet, whichever is less.
MID-RISE MULTI-FAMILYShall mean up to eight stories or 96 feet, whichever is less.
HIGH-RISE MULTI-FAMILYShall mean nine stories or greater or taller than 108 feet.
(See "Dwelling, Town House").
Shall mean a dwelling unit consisting of a single-room that
is the primary residence of its occupant(s). The unit may contain
private sanitary facilities, private food preparation facilities,
both, or neither. Where private sanitary or food preparation facilities
are not provided, shared facilities shall be provided. (See also "Rooming
or Boarding House").
Shall mean and include detached, semi-detached or attached
buildings containing only one dwelling unit per tax lot.
Shall mean and include detached, semi-detached or attached
buildings containing three dwelling units, attached either vertically
or horizontally per tax lot.
Shall mean one, two-, or three-family dwelling buildings
in a row of at least three such buildings 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.
Shall mean and include detached, semi-detached or attached
buildings containing two dwelling units, attached either vertically
or horizontally per tax lot.
Shall mean an establishment whose primary activity is the
sale of prepared food or beverages for consumption by the public either
on or off its premises. This use shall include sit-down restaurants
and take-out restaurants. This use shall not include supermarkets;
liquor stores; fresh food markets; fish, meat and poultry markets;
or live animal markets; or other food stores with accessory take-out
food activity or retail sales uses, including convenience stores,
which sell prepackaged or bulk ready-to-eat foods with no on-site
food preparation area; nor shall it include cafeterias that are accessory
to hospitals, schools or other similar principal uses.
SIT-DOWN RESTAURANTShall mean an eating and drinking establishment that does not meet the definition of a take-out restaurant, in which the principal use is the service of preparing food and/or beverages for consumption on the premises. It may have a take-out food use as an incidental use to the primary use. It may provide on-site beer, wine and/or liquor sales for drinking on the premises if the requisite licenses have been obtained from the State of New Jersey Division of Alcoholic Beverage Control. Aside from incidental take-out service, service of prepared food and/or beverages for consumption shall require customers to order at a table, booth, or dining counter with service by the waiter or waitress at said table, booth or dining counter. Restaurants may have a combination of seating options, including indoor and sidewalk cafes as defined herein.
TAKE-OUT RESTAURANTShall mean an eating and drinking establishment with or without seating which provides ready-to-eat food prepared on-premises in disposable wrappers or containers, to a high volume of customers, who generally carry out the food for immediate consumption off the premises. A take-out restaurant has a service counter where all customers pay for their ordered items before consumption and may have accessory drive-through windows. A take-out restaurant utilizes commercial cooking appliances for heating or cooking food which produce grease vapors, steam, fumes, smoke or odors that are required to be removed through an independent exhaust system. Such appliances include deep fat fryers, upright broilers, kettles, ranges, char-broilers, ovens, barbecues, rotisseries, and similar appliances.
Shall mean a facility which transfers power from the transmission
system to the distribution system of an area; the distribution station
reduces voltage to a level suitable for local distribution.
Shall mean any vehicle that is licensed and registered for
operation on public and private highways, roads, and streets; and
operates either partially or exclusively using an electric motor powered
by an externally charged on-board battery.
Shall mean the equipment, including the cables, cords, conductors,
connectors, couplers, enclosures, attachment plugs, power outlets,
power electronics, transformer, switchgear, switches and controls,
network interfaces, point of sale equipment, and associated apparatus
designed and used for the purpose of transferring energy from the
electric supply system to a plug-in electric vehicle. "EVSE" may deliver
either alternating current or, consistent with fast charging equipment
standards, direct current electricity. "EVSE" is synonymous with "electric
vehicle charging station."
Shall mean a system of electrical equipment that interconnects
several electrical transmission lines for the purpose of allowing
the transmission lines to be serviced and maintained without disruption
of power.
Shall mean a building or a portion of a building in which
an organization or agency provides immediate hunger relief to individuals
and families who are in need. This use shall include food pantries
and soup kitchens.
Shall mean the Newark Environmental Commission.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice, and gravity.
Shall mean a space in which events can be hosted with food,
drink, music, dancing, and other customary activities. Event spaces
include banquet halls, catering halls, and other similar multi-purpose
spaces that may be rented for private use or to host special events.
Event spaces may be accessory to eating and drinking establishments
but are distinct as standalone principal uses that do not offer regular
food, beverage, or entertainment service to the public.
Shall mean a business or person who either wholly or in part
holds himself out to hire to apply pesticides including landscapers,
tree services and aerial applicators.
Shall mean one or more persons who live together as a bona
fide single nonprofit housekeeping unit. Unless otherwise required
by law, this definition of family shall not apply to persons living
in a facility or home devoted to treatment or services designated
to rehabilitate such persons or to assist them in adjusting to the
community or society. This definition shall not include any society,
club, fraternity, sorority, association, lodge, federation, or like
organizations.
Shall mean 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 (C. 30:5B-16
et seq.)
Shall mean a retail outlet normally owned or operated by
a producer or farm unit, located on-farm or off-farm selling mainly
products produced by the farm, directly to the consumer. Farm stands
shall be a permitted accessory use to market gardens and urban farms
only.
(See "Community Farmers' Market").
Shall mean the official action of the Reviewing Board taken
on a preliminarily 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 consumer service establishments including a commercial
bank, savings bank, savings and loan association, credit union, mortgage
office, automated teller machine facility, office of tax preparer,
securities broker, insurance broker, or real estate broker. This definition
is limited to only those establishments which serve the general public.
This definition does not include check-cashing, pawnshops or bail
bond establishments.
Shall mean a retail food store supplying meat, poultry, fish
and seafood products intended for home preparation, consumption, and
use; and where meat processing is limited to making cuts of meat from
preprocessed carcasses. The use shall include butcher shops but shall
not include on-site slaughtering. See "Animal Market, Live.")
Shall mean an enclosed building or structure containing multi-use
facilities for conducting recreational activities such as aerobic
exercises, running and jogging, exercise equipment, sports courts,
and swimming facilities. This use also includes establishments for
group fitness instruction such as yoga, Pilates, karate and dance
studios, as well as boxing gyms. This use may include accessory saunas,
showers, massage rooms and lockers, snack bars providing non-alcoholic
drinks and prepackaged snacks not prepared on the premises, and sports
equipment and clothing shops.
Shall mean an occasional sale or periodic market held indoors
or out of doors, where new or used items are sold from individual
vendors each operating independently from the other vendors.
Shall mean a facility designed to accommodate multiple tenant
spaces that can include a variety of business and light industrial
uses. The number and size of units can be altered with interior modification
of demising walls. Each tenant space may consist of one or more types
of space including office, storage, fabrication, loading, and similar
functions designed to support individual tenants, typically contractors
and tradespeople. Vehicles larger than SU-30 Box Trucks shall not
be stored, parked, or visit flex space facilities on a frequent basis.
Shall mean the square footage of the floor of the building
at grade level which will determine whether the building is: (a) exempt
from the Site Plan Review; (b) a Minor Site Plan; (c) a Major Site
Plan.
Shall mean the sum of the gross horizontal areas of all enclosed
floors of a building or buildings, including basements, habitable
attics, mezzanines, corridors, and lobbies measured from the exterior
faces of exterior walls or from the centerline of a common wall separating
two buildings. Gross floor area does not include any areas devoted
or used solely for off-street parking and loading. Gross floor area
does not include cellars, uninhabitable attics, exterior balconies,
uncovered steps, or inner courts.
Shall mean an establishment in which the sale of fresh fruits
and vegetables to the general public occupies at least 50% of the
gross floor area and is less than 10,000 square feet of gross floor
area.
Shall mean that side of a lot abutting on a street; a front
lot line.
Shall mean the shortest frontage of a corner lot, or the
frontage toward which the primary building entrance faces of a through
lot or other irregular lot with multiple frontages.
Shall mean the longer frontage(s) of a corner lot, or any
frontage other than that toward which the primary building entrance
faces of a through lot or other irregular lot with multiple frontages.
Shall mean a building used for the preparation of deceased
human beings for burial or internment and for the display of the deceased
and ceremonies connected therewith before burial or cremation.
Shall mean a retail sales establishment in which the proprietor
primarily sells used household goods (generally furniture and appliances)
that have been acquired through donation or purchase, with the proprietor
retaining the sales proceeds.
(See "Retail Sales, General Consumer Goods").
Shall mean any building, land area or other premises or portion
thereof used primarily or intended to be used for the retail dispensing
or sales of vehicular fuels and including, as an accessory use, minor
repairs and the sale of and installation of lubricants, batteries
and similar accessories. A convenience store may be an accessory use
to a gasoline station.
(See "Retail Sales, General Consumer Goods").
Shall mean any establishment which permits persons to perform
dancing or other similar entertainment in a lewd, licentious or lascivious
manner, with less than completely and opaquely covered human genitals,
pubic region, buttocks and/or female breasts below a point immediately
above the top of the areola, or human male genitals in a discernibly
turgid state even if completely or opaquely covered, for the benefit
of its patrons.
Means the Municipal Council which acts as the chief legislative
body of the City of Newark.
Shall mean 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 Newark.
Shall mean a building made of glass, plastic or fiberglass
in which plants are cultivated.
Shall mean solar installations that are freestanding or attached
to framework that is at grade.
Shall mean any retail sales establishment engaged in selling,
leasing, purchasing, or lending of guns, firearms, or ammunition.
Shall be defined as follows:
Any material which is listed on the list of Environmental Protection
Agency (EPA) pollutants, 40 Code of Federal Regulations, Sections
116.4 and 401.15, as amended; or
Any chemical listed as "acutely toxic" in Appendix A of the
EPA Chemical Emergency Preparedness Program, interim guidelines; or
Any material which is classified by the National Fire Protection
Association (NFPA) as either a flammable liquid, a Class II combustible
liquid or a Class III A combustible liquid; or
Any material which is listed or defined as explosive, flammable,
reactive, or corrosive in the Department of Transportation, 49 Code
of Federal Regulations, Section 172.101, as amended.
A mixture shall be deemed to be a hazardous material if it contains
1% by volume or more of any material listed above.
Shall mean and include retail and/or service activities that
have regular exterior service or storage areas, or partially enclosed
structures, including, but not limited to, home improvement centers,
equipment rental and leasing, lumber and other building materials,
garden centers and greenhouses, landscape construction, and lawn maintenance
contractor yard, bulk materials sales and storage, and recreational
vehicles and playground equipment sales and rentals. Outdoor storage
and outdoor storage display areas are permitted as a conditional accessory
use.
Shall mean the vertical distance measured from the mean elevation
of the finished grade from all exterior walls to the highest point
of the roof.
Shall mean an area used or intended to be used for the landing
and take-off of helicopters, and may include any or all areas of the
building appropriate to accomplish these functions.
Shall mean any lawful occupation not otherwise prohibited
by this Title performed in a dwelling and clearly incidental and secondary
to the use of the dwelling for dwelling purposes. Home occupations
or businesses shall be operated by an owner or legal occupant of the
property. Permitted home-based businesses include personal instruction,
general, medical or professional office, personal care, art production
and display, artisan manufacturing, online commerce and trade, sewing
and tailoring, food production such as baking subject to other applicable
regulations, and other similar activities.
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Home occupation shall not include automobile or other vehicle
repair; manufacturing, assembly, or production that involves any noise,
odor, smoke, or other detectable nuisance outside a structure; any
activity that requires a land use or environmental permit from NJDEP.
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Shall mean a building or structure in which a public entity
or a private, non-profit organization provides shelter, or food and
shelter, for a limited period of time to individuals and families
having neither a home nor the means to obtain a home or other temporary
lodging.
Shall mean a commercial establishment that has water pipes
(also known as a hookah, shisha, boory, argileh, nargile, hubble-bubble,
goza, meassel, sheesha) for people to share pipefuls of either tobacco
or an herb or a dried fruit or a combination of those which is burnt
using coal and becomes smoke, then passes through an ornate water
vessel and is inhaled through a hose.
Shall mean a structure made of PVC piping or other material
covered with translucent plastic, constructed in a "half-round" or
"hoop" shape. Section 3.14(b)23ii(4) and 3.24(b)23ii(5) of the New
Jersey Uniform Construction Code contain regulations regarding exemption
from permitting requirements for hoophouses.
(See "Urban Farm").
Shall mean an institution providing primary health services
and medical or surgical care to persons, primarily inpatients, suffering
from illness, disease, injury, deformity, and other abnormal physical
or mental conditions and including as an integral part of the institution
related facilities, such as laboratories, medical offices, medical
clinics or emergency care facilities.
Shall mean a facility offering short-term lodging accommodations
to the general public and which may include additional facilities
and services, such as restaurants, meeting rooms, entertainment, personal
services, and recreational facilities.
Shall mean a subset of hotels offering amenities and short-term
lodging accommodations to the general public with no more than 50
rooms. Boutique hotels shall not include conference centers, but may
include limited amenities for guests such as food and beverage service,
spa, and fitness centers.
Shall mean those regulations promulgated and published by
the Director of the Department of Economic and Housing Development
and maintained by the City Clerk of the City of Newark in regard to
this zoning ordinance of the City of Newark.
Shall mean a combination of businesses or uses that share
a common storefront, leased space, or building. The uses may operate
simultaneously within the shared space (i.e. a coffee shop and retail
store) or may operate independently at different times of day (i.e.
a co-working office space during the day with a restaurant in the
evening).
(See "Urban Farm").
Shall mean a window or doorway for dispending of ice cream or similar confectionary products in accordance with the requirements of Title XXIX, Streets and Sidewalks, Chapter 29:26, Sidewalk Cafes of the Revised General Ordinances of the City of Newark. See also "Sidewalk Cafe" and "Outdoor Service Window." This use shall not include outdoor service windows which are part of a drive-through facility.
Shall mean an area that has been covered by a layer of material
that is highly resistant to infiltration by water. Impervious surfaces
include concrete, asphalt, driveways, sports courts, pavers, concrete
patios, gravel, swimming pools and buildings.
(See "Urban Farm").
Shall mean a land use category that consists of a facility
used by a religious, child care, educational, or public use such as
a place of worship, school, library, government building, or university.
Shall mean in the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the municipality, whose
right to use, acquire, or enjoy property is or may be affected by
any action taken under this act, or whose rights to use, acquire,
or enjoy property under this act, or under any other law of this State
or of the United States have been denied, violated or infringed by
an action or a failure to act under this Title.
(See "Animal Boarding or Kennel").
Shall mean and include improvements and fixtures on, above
or below the surface.
Shall mean a single stand-alone store, tenant space or collection
of retail uses, developed and/or managed within a single building
or shopping center which individually or cumulatively include over
30,000 square feet of retail sales floor area.
Shall mean an establishment only for the washing and drying
of clothing and other fabrics in machines operated by the patron.
It shall not include on-site dry cleaning. See also "Dry Cleaning
and Laundry Establishment" or "Laundry Facility-Commercial/Wholesale.")
Shall mean an establishment only for the washing, drying,
and/or dry cleaning of clothing in bulk brought in by a commercial
customer and in which such washing and drying is performed with the
use of mechanical equipment, and for which a fee is charged or a facility
where the retail customer brings the laundry to another facility and
it is brought to this facility for laundering. A dry cleaning and
laundering plant may perform work on the premises for other dry cleaning
and laundry services and serve retail customers, and includes linen,
diaper, or uniform laundering services. (See also "Laundromat" or
"Dry Cleaning and Laundry Establishment.")
Shall mean a retail sales establishment, duly licensed by
the New Jersey Division of Alcoholic Beverage Control, which primarily
sells beer, wine, or distilled spirits in original containers to a
customer for consumption off the premises.
(See "Animal Market, Live").
Shall mean a dwelling unit where the living space is separated
from the work space. The work space shall be located on the street
level and the living space may be located on the street level (behind
the work component) or on any other level of the building above the
basement. A minimum of one residential unit in a building with live-work
use shall be occupied by the person operating the street-level business.
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The work use shall not be incidental to the dwelling unit, non-resident
employees may be present on the premises and customers may be served
on site.
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Live/work space, includes, but is not limited to: customary
home occupations; retail sales; photographic studio; studio for arts,
crafts, writing, acting, advertising, industrial design, media facility,
architecture, interior design, recording studio; theater, film or
video production; gallery, auction house, set shop; lighting, engineering,
or musical instrument manufacturing; sheet music printing, framing,
arts supply, arts restoration, and neighborhood light manufacturing
uses.
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Shall mean a wall covered with greenery and vegetation that
may include a growing medium, such as soil or a substrate.
Shall mean any sewerage authority created pursuant to the
"sewerage authorities law," P.L. 1946, c. 138 (C.40:14A-1 et seq.);
any utilities authority created pursuant to the "Municipal and County
Utilities Authorities Law," P.L. 1957, c. 183 (C.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 provides gas, electricity, heat,
power, water or sewer service to a municipality or the residents thereof.
Shall mean 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.
Shall mean the ratio of the horizontal area, measured from
the exterior surface of the exterior walls of the ground floor of
all principal building and accessory buildings on a lot to the total
lot area.
Shall mean the mean distance between its front street line
and its rear line. For corner lots, the greater frontage is its depth,
and its lesser frontage, its width.
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.
Shall mean the lot line opposite and most distant from the
front lot line. In the case of a triangular or otherwise irregularly
shaped lots, a line 10 feet in length entirely within the lot, parallel
to and at a maximum distance from the front lot line.
Shall mean any lot line other than a front or rear lot line.
Shall mean a parcel of land abutting on two or more streets
at their intersection or on two parts of the same street forming an
interior angle of less than 135°.
Shall mean a lot other than a corner lot.
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 a lot other than a corner lot, with frontage on
two streets. On a through lot improved with buildings the front lot
line shall be the street frontage lot line closest to the principal
building. On a through lot unimproved with buildings both street lines
shall be deemed front lot lines.
Shall mean the horizontal distance between the side lines
of a lot measured at right angles of its depth along a straight line
parallel to the front lot line at the minimum required building setback
line.
Shall mean an accessory building used primarily for the storage
of equipment and other supplies used in the maintenance of the principal
use.
Shall mean any security which may be accepted by the City
for maintenance of any improvements required by this Title, including,
but not limited to surety bonds, letters of credit under the circumstances
specified in Section 16 of P.L. 1991, c.256 (C.40:55D-53.5) and cash.
Shall mean any subdivision not classified as a minor subdivision.
Shall mean the pre-wiring of electrical infrastructure at
a parking space, or set of parking spaces, to facilitate easy and
cost-efficient future installation of Electric Vehicle Supply Equipment
or Electric Vehicle Service Equipment, including, but not limited
to, Level Two EVSE and direct current fast chargers. Make Ready includes
expenses related to service panels, junction boxes, conduit, wiring,
and other components necessary to make a particular location able
to accommodate Electric Vehicle Supply Equipment or Electric Vehicle
Service Equipment on a "plug and play" basis. "Make-Ready" is synonymous
with the term "charger ready," as used in P.L.2019, c.362 (C.48:25-1
et al.).
Shall mean a building with multiple live-work spaces producing
retail goods (NOT services), that may contain a shared retail sales
space located on the street level of the building. The building may
also contain rooms for common workshop space, containing tools and
equipment to be shared among building residents. This common workshop
shall not include and must be separate and apart from any residential
unit. In the case of a makers space, each live-work unit may combine
the "work" and "live" components into a single combination workspace/dwelling
unit.
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All final sales of goods must be confined to the first-floor
retail area. Customers may only be served in this first-floor space.
The first floor area may also contain a workshop space where residents
of the building can hold demonstration workshops or host other events
of an educational nature.
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Shall mean the manufacture or compounding process of raw
materials. These activities or processes may necessitate the storage
of large volumes of highly flammable, toxic matter or explosive materials
needed for the manufacturing process. In this situation, the handling
of such materials must be in a controlled environment and have certification
from the New Jersey Department of Environmental Protection (NJDEP).
Typical heavy manufacturing uses include but are not limited to: concrete
batch plants, concrete, tile or brick manufacturing, automobile, truck
and tire assembly, ammonia or chlorine manufacturing, metal casting
or foundries, gas manufacturing, dye stuffs, grain milling or processing,
metal or metal ore production, refining, smelting, or alloying, petroleum
or petroleum product refining, boat, pool and spa manufacturing, slaughtering
of animals, glass manufacturing, paper manufacturing, and wood or
lumber processing. The assembly, fabrication or processing of goods
and materials uses processes that ordinarily have greater than average
impacts on the environment, or that ordinarily have significant impacts
on the use and enjoyment of adjacent property in terms of noise, smoke,
fumes, odors, glare or health and safety. The following processes
are not permitted under Heavy Manufacturing: Vitrification, Plasma
Gasification, Pyrolysis, Cement Kilns, Automobile Shredder Residue
(ASR), Medical Waste Autoclaving and Shredding, Animal Rendering,
Electronic De-Manufacturing, Computer & Circuit Board Recycling,
Thermal Depolymerization, Sludge Processing and Incineration, Sewage
Disposal, Sediment Treatment Plants (i.e. Thermal/Chemical Processing,
Cement Lock Technology, Sediment Washing, Biogenesis, Sediment Dewatering,
Tire Derived Fuel Plants, Biomass Incineration, Chrome Plating and
Metals Plating Facilities, Hazardous or Medical Waste Processing (autoclaving,
crushing, preparing, or treating), Outdoor Scrap Metal Yards (shredding,
processing, sorting), Oil and Gas Refineries, and Power Plants over
150 megawatts using coal, natural gas, waste or waste byproducts including
tires, sludge, cement, and biofuels.
Shall mean the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment of such products, but excluding basic
industrial processing and custom manufacturing. Typical light manufacturing
uses include but are not limited to: electronic goods, food and bakery
products, nonalcoholic beverages, paper imprinting, publishing, household
appliances assembly, and clothing apparel. The assembly, fabrication,
or processing of goods and materials uses processes that ordinarily
do not create noise, fumes, smoke, odors, glare or health and safety
hazards outside of the building or lot where such assembly, fabrication
or processing takes place, where such processes are housed entirely
within a building.
Shall mean the processing and manufacturing of materials
or products predominantly from extracted or raw materials. These activities
may include outdoor assembly and storage products. Outdoor manufacturing
of raw materials into compost, primarily for commercial resale is
a medium manufacturing activity. These activities do not necessitate
the storage of large volumes of highly flammable, toxic matter or
explosive materials needed for the manufacturing process. Typical
medium manufacturing uses include but are not limited to: alcoholic
beverages, glue, leather products, carpet, porcelain products for
bathroom and kitchen fixtures, solar panel manufacture, bio-fuel manufacture,
bleaching products, vegetable gelatin, welding, furniture, and sporting
goods.
See "Cannabis."
Shall mean an area less than one acre managed and maintained
by an individual or group of individuals to grow and harvest food
crops and/or non-food, ornamental crops, such as flowers, that is
not incidental in nature and to be sold for profit at the lot where
the products are grown.
Shall mean an establishment for which the principal use is
the provision of massage therapy by a licensed professional in the
State of New Jersey pursuant to N.J.A.C. 13:37A. The following professions
and services shall not be classified as a massage establishment: any
duly licensed medical physician, doctor, surgeon, osteopath, chiropractor,
acupuncturist, registered nurse, or to other person licensed by the
state while engaging in practices as part his or her license.
Shall mean a composite of one or more written or graphic
proposals for the development of the City as set forth in and adopted
pursuant to the Municipal Land Use Law, Chapter 291, Laws of New Jersey,
1975 (N.J.S.A. 40:55D-28 et seq.).
Shall mean an enclosed building where waste or scrap materials
are bought, sold, exchanged, stored, baled, packed, disassembled,
or handled, including but not limited to scrap iron and other metals,
paper, rags, rubber tires, and bottles. A materials salvage or junk
facility includes an auto wrecking facility. A materials salvage or
junk facility does not include waste-related uses or recycling facilities.
Such use shall not be open to the public.
Shall mean a building or structure for the interment of the
dead having a minimum of 20 interments.
Shall mean a building or structure for the interment of the
dead having less than 20 interments.
Shall mean the Mayor of the City of Newark.
Shall mean any private or public health clinic, or other
similar community health facility providing diagnostic, therapeutic,
or preventive medical care, surgical or invasive procedures not requiring
inpatient admission, and/or emergency or urgent care to ambulatory
patients on an outpatients basis only, including customary laboratories
and pharmacies incidental or necessary to its operation or the service
of its patients, but without facilities for inpatient care or surgical
procedures that require inpatient admission. A clinic or emergency
care facility may also be accessory to a hospital or medical institution.
Shall mean an organization approved by the Department of
Health and Community Wellness to perform activities necessary to provide
registered qualifying patients with usable marijuana and related paraphernalia
in accordance with the provisions of the "New Jersey Compassionate
Use Medical Marijuana Act" P.L. 2009, 3 c.307 (C. 24:6I-1 et seq.).
This term shall include the organization's officers, directors,
board members, and employees.
Shall mean a commercial entity licensed under New Jersey
Compassionate Use Medical Marijuana Act N.J.S.A. 24:6I-1 et seq. that
cultivates, dries, trims, or cures marijuana for sale to marijuana
product manufacturing facilities, and to other marijuana cultivation
facilities, but not to consumers. This entity shall hold all required
state licenses and permits.
Shall mean a commercial facility licensed under a commercial
entity licensed under New Jersey Compassionate Use Medical Marijuana
Act N.J.S.A. 24:6I-1 et seq. that receives marijuana from a licensed
cultivation facility and extracts resin from the marijuana or creates
a marijuana-infused product for sale and transfer in packaged form
to a medical marijuana center. This entity shall hold all required
state licenses and permits.
Shall mean a commercial facility licensed under New Jersey
Compassionate Use Medical Marijuana Act N.J.S.A. 24:6I-1 et seq. that
receives marijuana from a licensed cultivation facility, licensed
processing facility, or licensed caregiver, tests it for contaminants
and for tetrahydrocannabinol and other cannabinoids, returns the test
results, and may return the marijuana to the marijuana facility.
Shall mean a building or portion thereof providing diagnostic,
therapeutic, or preventive medical, osteopathic, chiropractic, dental,
psychological and similar or related treatment by a practitioner or
group of practitioners licensed to perform such services to ambulatory
patients on an outpatient basis only, and without facilities for inpatient
care, major surgical procedures, or emergency and urgent care. A medical
office may also contain associated in-house ancillary services such
as in-house diagnostic testing facilities, physical therapy, medical
counseling services, and similar services.
Means the acquisition, possession, transport, or use of marijuana
or paraphernalia by a registered qualifying patient as authorized
by "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c.226
(C.24:21-2).
Shall mean a private business which provides outpatient methadone
maintenance services to eligible persons, which are licensed by the
New Jersey Department of Health (NJDOH) as an ambulatory care facility/outpatient
drug program. Said clinic(s) must also meet all applicable Federal
and State requirements.
An intermediate level or levels between the floor and ceiling
of any story. A mezzanine or mezzanines with an aggregate area not
greater than one-third of the floor area of that room or space in
which they are located shall not contribute to either a calculation
of building area nor shall they be considered a "story" as defined
herein.
Shall mean small, low-speed, human- or electric-powered transportation
devices including: bicycles, scooters, electric assist bicycles, electric
scooters (e-scooters), and other small, lightweight, wheeled conveyances.
Shall mean any subdivision of land which results in two lots
or fewer provided that such subdivision does not involve:
Shall mean a tower constructed of a single, self-supporting
metal tube, anchored to a foundation.
(See "Funeral Home").
(See "Private Club").
Shall mean the Municipal Council, Central Planning Board,
the Zoning Board of Adjustment of the City of Newark, or any other
agency which is created by or responsible to the City of Newark when
such agency is acting pursuant to this Title.
Shall mean the Governing Body which acts as the chief legislative
body of the City of Newark.
Shall mean those facilities necessary for the operation of
the City of Newark government or for the provision of City of Newark
services not including the following: permanent outdoor storage of
materials, manufacturing, gas or fuel supply stations, vehicle repair,
vehicle storage, and the storage, treatment or production of hazardous
or toxic chemicals.
Shall mean the City of Newark.
Shall mean an establishment with at least 20,000 square feet
of gross floor area, that has public significance by reason of its
architecture or former use or occupancy; or a building serving as
a repository for a collection of natural, scientific, or literary
curiosities or objects of interest, or works of art, and arranged,
intended, and designed to be used by members of the public for viewing,
with or without an admission charge, and which may include as an accessory
use the sale of goods to the public as gifts for their own use. For
"Galleries," see "Retail Sales, General Consumer Goods."
Shall mean any room, place, space, or premises, other than
sexually-oriented businesses, operated as a commercial establishment
in which eating and/or drinking may take place and in which there
is also provided entertainment and dance areas. Such entertainment
may include music by a live musician or musicians, or any mechanical,
electronic or other means, or other audio or audiovisual media including
disc jockeys. Such establishments shall not include the operation
of a motion picture, but shall include any act, play, 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 purposes of this definition, background piped-in music shall
not be considered a form of entertainment. Nightclubs, discotheques
and cabarets shall be duly licensed by the New Jersey Division of
Alcoholic Beverage Control for the sale and on-premises consumption
of alcoholic beverages.
(See "Lot, Nonconforming").
(See "Structure, Nonconforming").
(See "Use, Nonconforming").
Shall mean a facility or portion thereof which is licensed
by the New Jersey Department of Health (NJDOH) to provide apartment-style
housing and congregate dining and to assure that assisted living services
are available means a facility that is licensed by the Department
to provide health care under medical supervision and continuous nursing
care for 24 or more consecutive hours to two or more patients who
do not require the degree of care and treatment which a hospital provides
and who, because of their physical or mental condition, require continuous
nursing care and services above the level of room and board.
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 the closest half of the street
or right-of-way abutting the property of which the lot is part.
Shall mean not located on the property which is the subject
of a development application nor on the closest half of the abutting
street or right-of-way.
Shall mean a room or group of rooms used for conducting the
affairs 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 but excluding medical offices. (See also "Medical
Office".)
Shall mean the map, with changes and additions thereto, adopted
and established, from time to time, by resolution of the Board of
County Commissioners of the county pursuant to N.J.S.A. 40:27-5.
Shall mean a map adopted pursuant to the Municipal Land Use
Law, N.J.S.A. 40:55D-32 et seq.
Shall mean located on the lot in question and excluding any
abutting street or right-of-way.
Shall mean located on the property which is the subject of
a development application or on the closest half of the abutting 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 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 and include an area and/or building where four
or more emergency medical ambulances, buses, taxicabs or other livery
vehicles are stored, dispatched and/or loading and unloading is carried
on regularly, and where minor maintenance of these vehicles is performed.
(See "Sidewalk Cafe").
Shall mean the displaying of goods, merchandise or products
outdoors such that the items are readily available for sale at retail
on the same lot and in conjunction with a principal use which is otherwise
operated entirely within a permanent fully enclosed building.
(See "Urban Farm").
(See "Ice Cream Service Window").
Shall mean the storing or maintaining, exterior to any permanent,
fully enclosed building or structure of goods, merchandise, inventory,
equipment or other tangibles for any purpose other than outdoor display.
The term outdoor storage shall not include operation facilities for
bus/taxicab/ambulance/limousines or truck terminals as defined herein.
Goods, merchandise or products stacked on pallets and/or wrapped in
packaging materials such that the items are not readily available
to the public for immediate retail sale shall be considered outdoor
storage and not outdoor display.
Shall mean the outdoor storage of chemical or chemicals in
a container or containers larger than those intended for normal homeowner
or retailer purposes. Proper, noncommercial, homeowner use of chemicals
is not included.
Shall mean any portable container, storage unit, shed-like
container or other similar structure that can be or is used for the
temporary storage of personal property of any kind and which is located
for such purposes outside an enclosed building other than an accessory
building or shed complying with all building codes and land use requirements.
For the purposes of this ordinance, portable on-demand storage (PODS®),
the trailer portion of a tractor trailer, boxcars and shipping containers
shall also be considered portable storage structures when expressly
used for the purposes of on-site storage.
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A portable storage unit shall not encroach in any required front
or side yards. There shall be only one unit permitted for every two
contiguous acres of property held in common ownership. Outdoor portable
storage units shall only be used for storage and shall be removed
within 180 days.
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Shall mean an individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to seek development
of land.
Shall mean a park or open space which may include one or
more of the following: athletic fields, building or structures for
recreational activities, swimming pools, golf or rope courses, or
sports courts and other intensive recreational uses.
Shall mean a park or open space areas consisting primarily
of lawns, meadows and other unprogrammed open space. The predominant
features of which are landscaped areas, natural areas, ornamental
gardens, non-landscaped green space, provided that a private passive
park may include certain features such as concession stands, playgrounds,
art installations, fountains, walking paths, picnic areas, fields,
docks, dog runs and other non-structured recreation facilities.
Shall mean any public or private area, under or outside of
a building or structure, designed and used for parking motor vehicles,
including parking lots, parking garages, structured parking, driveways,
and legally designated areas of public streets.
Shall mean any land area, being part of the same lot or tract
on which it is accessory to an erected building or structure, or being
adjacent and contiguous to the lot or tract, designated by the owner,
operator or occupant of the building or structure for the parking,
without charge, of motor vehicles of occupants, customers or employees
in the building or structure and where no customer parking shall be
permitted after 11:00 p.m. on any portion of the lot.
Shall mean any building used for the storage of one or more
buses, trucks, tractors, trailers, bulldozers and other heavy motor-driven
equipment within a structure, including storage for manufacture, repair,
demonstration, sale, rental, painting, adjustment or inspection of
the foregoing.
Shall mean a structure that is accessory to a single-, two-
or three-family dwelling, is used for the parking and storage of vehicles
owned and operated by the residents thereof, and is not a separate
commercial enterprise available to the general public. The private
parking garage may be a detached accessory building, or a portion
of the principal structure.
Shall mean an off-street, ground-level open area that provides
temporary storage for motor vehicles.
Shall mean the joint utilization of a parking area for more
than one use.
Shall mean a building or structure which may be located above
or below ground, with stalls accessed via interior aisles, and used
for temporary storage of motor vehicles. Structured parking can be
a stand-alone use or a part of a building containing other uses. This
use does not include private residential parking garages.
Shall mean an off-street, ground-level open area that provides
temporary storage for motor vehicles.
(See "Park: Recreation Park, Passive").
Shall mean an establishment wherein the business of a pawn
broker is conducted. A pawn broker shall be any person who lends or
advances money or other things for profit on the pledge and possession
of personal property, or other valuable things, other than securities
or written or printed evidences of indebtedness; or, who deals in
the purchasing of personal property or other valuable things on condition
of selling the same back to the seller at a stipulated price. A pawn
shop shall not be deemed a retail sales establishment.
Shall mean any security, which may be accepted by the City,
including but not limited to surety bonds, letters of credit under
the circumstances specified in Section 16 of P.L. 1991, c. 256 (C.40:55D-53.5).
Shall mean the application of pigment to or under the skin
of a person for the purpose of permanently or semi-permanently changing
the color or appearance of the skin.
Shall mean and include the provision of personal services
directly to the consumer which shall include, but not be limited to,
barber shops, beauty parlors, nail salons, tanning salons, or day
spas. Personal service establishments shall not include body art studios
or massage facilities.
Shall mean any place of business which is not part of a kennel,
wherein animals, including, but not limited to, dogs, cats, birds,
fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed
chiefly for the purpose of sale to individuals for personal appreciation
and companionship rather than for business or research purposes.
(See "Drug Store").
Shall mean a photograph of a site as it appears to members
of the general public with accurate, detailed depictions of proposed
additional features, equipment, hardware or other site improvements
drawn onto this photograph.
Shall mean a device capable of producing a voltage, usually
through photoemission, when exposed to radiant energy, especially
light. Collectively used to refer to "solar panels."
Shall mean a church, synagogue, temple, mosque or other building
or group of buildings which by design and construction are intended
for the conducting of organized religious services and accessory uses
associated therewith including parish houses, convents, classrooms
for religious instruction, rectories, and other such customary accessory
uses and buildings, but not including parochial schools, day care
centers, homeless shelters, or soup kitchens.
Shall mean an area of minimum contiguous size as specified
by ordinance to be developed according to plan 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 incidental to the predominant use as may be permitted
by ordinance.
Shall mean planned unit development, planned unit residential
development, residential cluster, planned commercial development,
or planned industrial development.
Shall mean an area of minimum contiguous or noncontiguous
size as specified by ordinance to be developed according to a plan
as a single entity containing one or more structures with appurtenant
common areas to accommodate industrial uses and any other uses incidental
to the predominant use as may be permitted by ordinance.
Shall mean an area with a specified minimum contiguous or
noncontiguous acreage of 10 acres or more to be developed as a single
entity according to a plan, containing one or more residential clusters
or planned unit residential developments and one or more public, quasi-public,
commercial or industrial areas in such ranges or ratios of nonresidential
uses as shall be specified in the Zoning Ordinance.
Shall mean an area with a specified minimum contiguous or
noncontiguous 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 a map or maps of a subdivision or site plan.
Shall mean a roofed, open area not more than one story in
height which may be screened, attached to or part of a building, and
with direct access to or from it. Such use includes piazzas, portico
or porte-cocheres.
Shall mean a public utility facility which converts fossil
fuels into electrical energy or steam. Solar energy system and wind
energy system are defined herein.
Shall mean the shorter front setback of the two closest principle
buildings on each site of a site on the same block as the site.
Shall mean a building and/or related facilities owned or
operated by a corporation, association or organization that caters
exclusively to members and their guests primarily for social, recreational,
cultural, educational, political, patriotic, benevolent, or religious
purpose; and not primarily for profit, and whose members pay dues
and meet certain prescribed qualifications for membership. A private
club may include dining facilities for members and their guests but
shall not include overnight sleeping facilities. A private club does
not include fraternity houses affiliated with an institution of higher
learning.
Shall mean EVSE that has restricted access to specific users
(e.g., single and two-family homes, executive parking fleet parking
with no access to the general public).
Shall mean an outdoor facility on private property for participant
sports, including tennis, basketball, roller hockey, and handball
courts. Such courts may be single-purpose accommodating one sport
or multi-purpose accommodating a variety of sports.
Shall mean: (a) public parks, playgrounds, trails, paths
and other recreational areas; (b) other public open spaces; (c) scenic
and historic sites; and (d) sites for schools and other public buildings
and structures.
Shall mean the land reserved or dedicated for the installation
of storm water 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
nonpoint pollution.
Shall mean any public utility regulated by the Board of Regulatory
Commissioners and defined pursuant to N.J.S.A. 48:2-13.
Shall mean EVSE that is publicly available (e.g., park &
ride, public parking lots and garages, on-street parking, shopping
center parking, non-reserved parking in multi-family parking lots,
etc.).
Shall mean the majority of the full authorized membership
of a municipal agency.
Shall mean a facility in which recyclable or recoverable
materials are collected, sorted, and prepared for transfer to another
facility for processing. A transfer recycling center may not process
by briquetting, compacting, chipping, flattening, grinding, crushing,
shredding, cleaning or altering the materials.
Shall mean a retail sales establishment in which the proprietor
primarily sells used items (generally clothing, household goods and
children's items) that have been acquired through donation or
purchase, with the proprietor retaining the sales proceeds. Some resale/thrift
shops are managed by non-profit organizations that use the proceeds
to support their charitable operations. (See also "Consignment Store.")
Shall mean an establishment engaged in industrial or scientific
research or product design that involves laboratory testing or limited
manufacturing, fabricating, processing, assembling, or similar related
activities for the production of prototypes. A research and development
establishment shall be considered an office use if the work primarily
involves the use of computers and other related office equipment in
an office setting and no laboratory testing or manufacturing takes
place on premises. Residential shall mean a land use category that
consists of at least one home, abode, or place of residence where
an individual would live at a specific point in time.
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 area as an appurtenance.
Shall mean the number of dwelling units per gross area of
land that is the subject of an application for development.
(See "Eating and Drinking Establishment").
Shall mean (a) 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 (b) 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 so as to combine existing lots by deed or
other instrument.
Shall mean establishments engaged in the selling or rental
of goods or merchandise usually to the general public for personal
use or household consumption, although they may also serve business
and institutional clients and in rendering services incidental to
the sale of such goods.
Shall mean retail sales establishments involved in the sale,
lease, rent, or display of new products or merchandise to the general
public for personal use or household consumption, including, but not
limited to stores selling apparel, furniture, books, jewelry, shoes,
hardware, pet supplies, appliances, arts, crafts, antiques, art and
accessories; flower shops; drug stores; gift shops; and other sundries.
Retail sales includes art and craft production facilities available
for public use that do not produce noxious emissions or high noise
levels, as well as dry cleaning and laundry pick-up station where
cleaning of garments is not done on-site. Such establishments shall
not include the sale of any food products.
Shall mean a detached building in which the principal use
is retail sales and which does not abut any other building and where
all sides of the building are surrounded by yards or open areas within
the zoning lot.
Shall mean the Newark Central Planning Board or Zoning Board
of Adjustment, whichever Board has jurisdiction over the particular
application pursuant to N.J.S.A. 40:55D-60 et seq.
(See "Urban Farm").
Shall mean elevator penthouses and roof structures for the
housing of stairways, tanks, ventilating fans, air-conditioning equipment,
dust collectors, solar panels, or similar equipment required to operate
and maintain a building.
Shall mean, pursuant to P.L. 1979, c. 496 (N.J.S.A. 55:13B-1,
et seq.), any building, together with any related structure, accessory
building, any land appurtenant thereto, and any part thereof, which
contains two or more units of dwelling space arranged or intended
for single room occupancy, exclusive of any such unit occupied by
any owner or operator including any residential hotel or congregate
living arrangement. A boarding house shall include establishments
wherein personal or financial services are provided to the residents,
and a rooming house shall include establishments wherein no personal
or financial services are provided to the residents. Pursuant to P.L.
1979, c.496 (N.J.S.A. 55:13B-1, et seq.), a boarding or room house
excludes any hotel, motel or established guest house wherein a minimum
of 85% of the units of dwelling space are offered for limited tenure
only, any foster home as defined in Section 1 of P.L. 1962, c. 137
(N.J.S.A. 30:4C26.1), any community residence for the developmentally
disabled as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2),
any dormitory owned or operated on behalf of any nonprofit institution
of primary, secondary or higher education for the use of its students,
any building arranged for single-room occupancy wherein the units
of dwelling space are occupied exclusively by students enrolled in
a full-time course of study at an institution of higher education
approved by the New Jersey Commission on Higher Education, and any
facility or living arrangement operated by, or under contract with,
any state department or agency, upon the written authorization of
the Commissioner.
Shall mean the distance between the center point of the rotor
or the outermost point on the rotor or blade.
(See "Dwelling, Row House").
Shall mean a bowl-shaped device used to receive and/or transmit
signals relayed by satellite.
Shall mean a public, private or parochial school, recognized
or approved by the State, providing the first four to eight years
of formal education, which may include kindergarten and prekindergarten.
This use may include accessory day care centers for children over
the age of three.
Shall mean a public, private or parochial school, recognized
or approved by the State, providing intermediate formal education
between primary school and college, inclusive of high schools.
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 product of erosion and, in wastewater treatment, the settling
out of solids by gravity.
Shall mean 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.
Shall mean the distance between the building and any lot
line.
Shall mean business types including, but not limited to,
establishments commonly referred to as "Go-Go establishments," "adult
video stores," or "adult newsstands or bookstores," which means a
commercial establishment which as one of its principal business purposes
offers for sale, rental, or display for any form of consideration
any one or more of the following: books, magazines, periodicals or
other printed matter, photographs, films, motion pictures, video cassettes,
compact discs, slides or simulated display or other visual representations
which are characterized by their emphasis upon the display of specified
sexual activities or specified anatomical areas; or any other type
of establishment that can meet the definition of a "sexually oriented
business" as defined or described in Federal, State, or local statutes
including but not limited to N.J.S.A. 2C:33 12.2 et seq. For the purpose
of this definition, "principal purpose" means the commercial establishment:
Has a substantial portion of its displayed merchandise which
consists of said items, or
Has a substantial portion of the wholesale value of its displayed
merchandise which consists of said items, or
Has a substantial portion of the retail value of its displayed
merchandise which consists of said items, or
Derives a substantial portion of its revenues from the sale
or rental, for any form of consideration, of said items, or
Maintains a substantial section of its interior business space
for the sale or rental of said items; or
Regularly features said items, and prohibits access by minors,
because of age, to the premises, and advertises itself as offering
"adult" or "xxx" or "X-rated" or "erotic" or "sexual" or "sensual"
or "pornographic" material on signage visible from a public right-of-way;
or
Maintains an adult arcade, which means any place to which the
public is permitted or invited wherein coin-operated or electronically,
electrically, or mechanically controlled still or motion picture machines,
projectors, or other image-producing devices are regularly maintained
to show images to five or fewer persons per machine at any one time,
and where the images so displayed are characterized by their emphasis
upon matter exhibiting specified sexual activities or specified anatomical
areas.
Shall indicate a mandatory requirement; the term "may" shall
indicate a permissive action.
Shall mean any establishment that is used as a place of business
for the exclusive or primary purpose of utilizing, leasing or renting
its commercial kitchen space to individuals, or business entities,
for food preparation, temporary extra production capacity, menu planning,
training, taste testing, product development, food packaging, food
storage or any other food-related purpose; and is licensed as per
any applicable local, state or federal law.
(See "Accessory Storage Structure").
Shall mean the accessory use of a dwelling unit or part thereof
for occupancy by someone other than the unit's owner or permanent
resident for a period of 28 or less consecutive days, which unit is
regularly used and kept open as such for the lodging of guests. Short
term rentals shall be permitted in all dwellings with the exception
of dormitories, foster homes, adult family care homes, transitional
housing facility, assisted living facilities, community residences
for developmentally disabled, persons with head injuries and terminally
ill persons, community shelters for victims of domestic violence and
nursing homes.
Shall mean a designated outdoor area that is located on the
public sidewalk or right-of-way immediately adjacent to the property
of an existing retail food establishment and where food and beverages
that are normally offered to the public inside the retail food establishment
and serviced to the public in the designated outdoor area.
Shall mean any fabricated or outdoor display structure including
its structure, consisting of any letter, figure, character, mark,
point, plane, design, poster, pictorial, picture, stroke, stripe,
line, trademark, reading matter or illuminating device, constructed,
attached, erected, fastened or manufactured in any manner whatsoever
so that the same shall be used for the attraction of the public to
any place, subject, person, firm, corporation, public performance,
article, machine or merchandise whatsoever, and displayed in any manner
out of doors exclusively for advertising purposes.
Shall mean a sign or string of one or more signs, usually
made of cloth or other lightweight material, which is used to attract
attention, whether or not imprinted with words or characters, including,
but not limited to, balloons and other inflatables and pennants. Flags
shall not be considered banners.
Shall mean a sign affixed perpendicularly to a building or
wall in such a manner that its leading edge extends more than 10 inches
beyond the surface of such building or wall.
Shall mean a sign, or portion of a sign made up of internally
illuminated components capable of changing the message and image shown
on the sign. Digital displays include but are not limited to LCD,
LED, or plasma displays.
Shall mean a digital, illuminated sign with changeable message
and changeable copy.
Shall mean a free-standing sign in which the entire bottom
of the sign or surrounding base is in contact with the ground.
Shall mean a sign that is placed within a window or upon
the windowpanes or glass and is visible from the exterior of the window.
(See "Dwelling, Single-Family").
(See "Eating and Drinking Establishment").
Shall mean any contiguous plot, parcel or parcels of land.
Shall mean the development plan of one or more lots on which
is shown:
The existing and proposed conditions of the lot(s) including
but not necessarily limited to topography, vegetation, drainage, flood
plains, marshes, and waterways;
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
Any other information that may be reasonably required in order
to make an informed determination pursuant to this Title requiring
review and approval of site plans by the Central Planning Board or
Zoning Board of Adjustment.
Shall mean any solar collect or panel(s), film(s), shingle(s),
or other solar energy device(s) or solar structural component(s),
mounted on a building or on the ground and including other appurtenant
structures and facilities, whose primary purpose is to provide for
the collection, storage, and distribution of solar energy received
from the sun and provides power for the principal use of the property
whereon said system is located.
Shall mean the required minimum horizontal distance between
any wall of two or more buildings facing or overlapping each other
in any manner either parallel or oblique. Such distance is measured
at any given point and any given level by projecting or prolonging
vertically and horizontally the perimeter lines of each wall from
the lowest habitable floor to the ceiling of the highest habitable
floor.
Shall mean the space between any finished floor of a building
and the next finished floor above, excepting that a cellar or basement
shall not be considered as a story. A half-story is a portion of a
building between a finished floor and the roof construction above,
where the space thus enclosed has an average clear height of not more
than five feet.
Shall mean the full width of the area dedicated to public
use, extending from the property line on one side to the property
line on the other side, including the roadway and sidewalk, of any
public street, avenue, road alley, lane, highway, boulevard, concourse,
driveway, culvert or bridge. For the purpose of this Title, streets
shall be classified as follows:
Principal arterial system shall mean streets and highways serving
major metropolitan activity centers, the highest traffic volume corridors,
the longest trip desires, and a high proportion of total urban area
travel on a minimum of mileage. Service to abutting land should be
subordinate to the provision of travel service to major traffic movements.
This system carries the major portion of trips entering and leaving
an urban area, as well as the majority of through movements desiring
to bypass the central City, and normally will carry important intraurban
as well as intercity bus routes.
Minor arterial streets system shall mean streets and highways
interconnecting with and augmenting the City's principal arterial
system and providing service to trips of moderate length at a somewhat
lower level of travel mobility. The system places more emphasis on
land access and distributes travel to geographic areas smaller than
those identified with the higher system. It includes all arterials
not classified as principal.
Collector streets system shall mean streets penetrating neighborhoods,
collecting traffic from local streets in the neighborhoods, and channeling
it into the arterial systems. A minor amount of through traffic may
be carried on collector streets, but the system primarily provides
land access service and carries local traffic movements within residential
neighborhoods, commercial, and industrial areas. It may also serve
local bus routes.
Local streets system shall mean streets not classified in a
higher system, primarily providing direct access to abutting land
and access to the higher systems. They offer the lowest level of mobility
and usually carry no bus routes. Service to through traffic is deliberately
discouraged.
Shall mean the dividing line between the street and the lot.
Shall mean the wall or part of the building (other than a
one-story open porch), nearest to the street line.
Shall mean the mean of the distance between the street line
within a block, where a street borders a public park, or a navigable
body of water, the width of such street may be taken as the width
of such street, plus the width of such public park or body of water,
provided that the maximum width of such street shall not be considered
more than 100 feet, measured at right angles to street line.
Shall mean any change or rearrangement in the exterior or
interior structural parts of any building.
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 a building of not more than 1 1/2 stories
in height which is subordinate to the main building on a lot and used
for the purposes customarily incidental to those of the main building.
Shall mean a structure the size, dimension or location of
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 structure erected for a temporary period of
time, typically not to exceed 180 days.
Shall mean the Construction Code Official, Chief Plumbing
Subcode Official, Chief Electrical Subcode Official and Deputy Chief
in charge of Fire Prevention, or their assistants.
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 subdivision
within the meaning of this Chapter, if no new streets are created:
Divisions of land found by the Central Planning Board to be
for agricultural purposes where all resulting parcels are five acres
or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order, including but not limited
to judgments of foreclosure;
Consolidation of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons and all of which are
found and certified by the Screening Officer to conform to the requirements
of the municipal development regulations and are shown and designated
as separate lots, tracts or parcels on the tax map or atlas of the
City of Newark.
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The term "subdivision" shall also include the term "resubdivision."
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Shall mean outpatient substance abuse treatment facilities
that are required to obtain licenses pursuant to N.J.A.C. 10:161B-1.1
et seq. Standards for Licensure of Outpatient Substance Abuse Treatment
Facilities. This definition shall not include substance counseling
or support groups that do not require a license and are ancillary
or accessory to a community center or place of worship. This definition
shall not include inpatient care or treatment.
Shall mean any licensed institution, facility, place, building
or agency which supplies care, treatment, services, maintenance, accommodation
or board, or any of these services 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, alcohol,
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 within the confines of a hospital, and does not provide
a permanent residence but only a temporary one.
Shall mean a self-service retail sales establishment specializing
in food and household merchandise, with at least 10,000 square feet
of gross floor area.
Shall mean an accessory use on the same lot as the principal
use it serves, consisting of a water-filled enclosure, permanently
constructed or portable, having a depth of more than 18 inches below
the level of the surrounding land, or an above-surface pool, having
a depth of more than 30 inches, designed, used, and maintained for
swimming and bathing by the residents of the lot on which the swimming
pool is located or their nonpaying guests.
(See "Eating and Drinking Establishment").
Shall mean a parcel of land identified with a unique block
and lot number for property tax purposes.
Shall mean an indoor facility for public assembly and group
entertainment, other than for sporting events, which is used primarily
for and designed for the purpose of exhibiting films, live theater,
concerts, or similar performances. A theater shall not include a sexually
oriented business of any kind.
Shall mean a tablet, statue, or other market of stone, metal
or another durable substance set up over or adjacent to a grave to
commemorate the person interred therein.
Shall mean a typed or printed verbatim record of the proceedings
or reproduction thereof.
Shall mean any deciduous or coniferous species which has
a diameter at breast height (4.5 feet) of four inches or greater.
ORNAMENTAL TREEShall mean and include trees which are grown for display or ornamental purposes, rather than functional ones. It generally tends to remain smaller at maturity than a shade tree.
SHADE TREEShall mean and include a woody plant, usually deciduous, that normally grows with one main trunk and has a canopy that screens and filters the sun in the summer and winter, respectively.
EVERGREEN TREEShall mean and include a plant species with foliage that persists and remains green year round and may be functionally used as a visual separator.
Shall mean and include premises for the fueling, loading
and unloading of trucks, where storage of cargo is incidental to the
primary function of motor freight shipment, and where minor maintenance
and repair of these types of vehicles are performed. Such facilities
shall be designed to accommodate five or more trucks.
Shall mean the short-term parking or long-term storage of
single-unit trucks, tractor units, semi-trailers, buses, or other
similar heavy vehicles. The use may be the principal use of a property
or a use that is accessory to warehousing, distribution, manufacturing,
and other similar uses when limited in scope. To be considered accessory
to a complementary principal use, a maximum of 30% of the gross lot
area shall be devoted to the parking or storage of tractors and/or
trailers.
Area devoted to circulation aisles, loading docks, and passenger
vehicle parking shall not count toward the 30% maximum.
Shall mean the distance between the base of the tower or
other supporting structure, whether mounted on the ground or on a
rooftop, and the outermost point of the rotor or blade at its maximum
vertical extension.
Shall mean agricultural production that occurs within Newark
on large parcels of land, on community gardens, in greenhouses, on
rooftops and indoor spaces and that increases the City's local
food system. Urban agriculture as defined by the zoning code includes
the following:
URBAN FARM(See "Urban Farm");
COMMUNITY GARDEN(See "Community Garden);
MARKET GARDEN(See "Market Garden").
Shall mean an establishment one acre or larger where legal
plants are grown for the legal sale of the plants or their products,
and where the plants or their products are sold at the lot where they
are grown or off site, or both, and in which no other items are sold.
Examples of plants may include flowers, vegetables, and orchards.
Urban farms may include, but are not limited to:
AQUACULTURE FARMSin which food fish, shellfish or other marine foods, aquatic plants, or aquatic animals are cultured or grown in fresh or salt waters in order to sell them or the products they produce;
AQUAPONIC FARMSin which the symbiotic propagation of plants and fish in an indoor, constructed and re-circulating environment takes place;
COMMUNITY-SUPPORTED FARMSin which an area of land managed and maintained by a group of individuals to grow and harvest food crops or non-food crops such as flowers, for shareholder consumption or donation. Shareholders arrange to work on the farm in exchange for a share of the food and/or horticulture products grown on the property and or pay for a portion of the food and/or horticultural products in advance;
HORTICULTURE NURSERIESin which plants are propagated and grown in containers or in the ground for wholesale or retail sales and distribution;
HYDROPONIC FARMSin which plants are propagated using a mechanical system designed to circulate a solution of minerals in water with limited use of growing media;
INDOOR GROWING OPERATIONSin which all allowed activities must be conducted within completely enclosed buildings. Typical operations include greenhouses, vertical farming, hydroponic systems and aquaponic systems;
OUTDOOR GROWING OPERATIONSin which all allowed activities are conducted in unenclosed areas or partially enclosed structures. Typical operations include growing beds, growing fields, hoop houses and orchards;
ROOFTOP GROWING OPERATIONSin which all allowed activities occur on the roof of a principal building as a principal use or accessory use. Typical operations include growing beds and growing trays;
VERTICAL FARMSin which plants or animals are cultivated on vertically inclined surfaces.
Shall mean the roof area excluding roof area covered by heating,
electric and mechanical equipment, solar energy panels, skylights
and any other similar appurtenances.
Shall mean a use of land or of a building or structure or
portion thereof customarily incidental and subordinate to the principal
use of the land, building or structure and located on the same lot
as the principal use.
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 the primary or predominant use of any lot or parcel
on a permanent basis.
Shall mean the primary or predominant use of any lot or parcel
on a temporary basis for a period not to exceed 180 days.
Shall mean a structure or facility which collects, processes
and/or distributes a public utility commodity, as defined in N.J.S.A.
48:2-13 and regulated by the New Jersey Board of Public Utilities,
but not including wireless telecommunications services.
Shall mean permission to depart from the literal requirements
of a zoning ordinance pursuant to N.J.S.A. Sections 40:55D-40b, 40:55D-60
and 40:55D-70c and d of the Municipal Land Use Law.
Shall mean a building, property or activity, the principal
use of which is the retrieval of towed motor vehicles. The vehicle
towing facility shall have the proper and valid markers and license
plates for Tow Trucks issued by the State (N.J.S.A. 39:3-84.7) in
order to operate.
(See "Automobile" for more services and businesses related
to vehicles).
(See "Urban Farm").
Shall mean a commercial facility where animals are brought
in for medical treatment but are not kept overnight. Where a veterinary
clinic or office exceeds 3,500 square feet in floor area, it shall
be considered a veterinary hospital.
Shall mean a commercial facility where animals are brought
in for medical treatment and may remain overnight for observation,
further medical treatment or recuperation.
Shall mean permission from the approving agency to depart from the design standards set forth in Chapter 41:16, Additional Zoning and Design Standards, of this Title.
Shall mean and include structures, or a major portion thereof,
used principally for the storage, sales or distribution of nonhazardous
goods and merchandise to retailers, non-residential users, or to wholesalers.
This use shall also include uses devoted to archives and records.
This use shall not include truck terminals, truck repair or "manufacturing,
heavy, medium, or light" as defined herein. Warehousing facilities
are differentiated into the following sub-categories:
Cold Storage Facilities shall mean a specialized warehousing,
wholesaling, and distribution facility with large-capacity coolers
and freezers to store food or other temperature-sensitive items. Refrigerated
shipping units are used for inbound and outbound shipping, and loading
docks are equipped with seals and insulation to maintain product integrity.
Distribution Centers/Break-Bulk Facilities shall mean a facility
used for regional and/or interstate distribution to businesses and
fulfillment centers, not to end users or consumers. Items stored and
distributed through these facilities generally do not require finishing
or individual packaging. These facilities perform transloading functions
where the consolidation, transferring, and distribution of pallets,
equipment, and other shipments are made between locations using more
than one mode for transportation. Distribution Centers/Break-Bulk
Facilities exceed 200,000 square feet in floor area.
High Cube and Automated Warehousing shall mean a highly automated
warehouse or distribution center used for the storage and/or consolidation
of manufactured goods. The automated nature of the facilities allows
higher stacking and more efficient retrieval and movement of goods,
which can increase capacity and truck movements to and from the site.
High Cube and Automated Warehousing facilities exceed 200,000 square
feet in floor area and 50 feet in height.
Last-Mile Fulfillment Centers shall mean a facility with the
primary purpose of temporary storage, sorting, and redistribution
of goods to fulfill e-commerce or direct consumer orders by receiving
shipments of goods from one mode of transport and redistributing those
goods via a delivery vehicle. Last-mile fulfillment centers range
in floor area, but typically have significantly higher demand for
van or passenger vehicle parking with fewer exterior loading docks
and tractor/trailer parking spaces.
Micro Fulfillment Centers shall mean a facility with a gross
floor area under 20,000 square feet that provides short-term storage
of goods intended to be distributed to end users via home delivery
or other similar means.
Traditional Warehousing shall mean any establishment primarily
used for the indoor long-term storage, loading, unloading and/or distribution
of goods, products, or materials, which may include accessory consolidation,
repacking and value-added services. Such facilities may include accessory
parking and storage of trucks and trailers, and accessory maintenance
of trucks owned by the facility. This definition shall not include
truck terminals or container storage.
Shall mean and include waste transfer facilities where wastes
are handled for transshipment to a disposal facility. This use includes
trash compaction and transfer stations, but shall not include "materials
salvage yard" as defined herein.
Shall mean establishments or places of businesses primarily
engaged in the production, preparation, processing, manufacture, packing,
storage or handling of bakery products for sale or distribution to
any other person other than the ultimate consumer including other
retailers, industrial, commercial, institutional, or professional
business users, other than wholesalers, or acting as agents or brokers
and buying merchandise for, or selling merchandise to, such individuals
or companies.
Establishments or places of business primarily engaged in
selling merchandise to other businesses, including retailers; industrial,
commercial, institutional, or professional business users; and other
wholesalers; or acting as agents or brokers and buying merchandise
for, or selling merchandise to, such individuals or companies.
Shall mean a wind energy system of one or more wind towers
and turbines that has a nameplate capacity of more than 25 kilowatts
and is used to generate energy for commercial sale.
Shall mean a wind energy system of one or more wind towers
and turbines that has a nameplate capacity 25 kilowatts or less and
is primarily used to generate energy for use by the landowner. Solar
energy system and power generation facilities are defined herein.
Shall mean a wind energy conversion system that converts
wind energy into electricity through use of a wind turbine generator
and includes such elements as a wind turbine generator hub, blade
or rotor, tower and transformer.
Shall mean an electric power generator to which the blade
or rotor of a wind turbine is attached.
Shall mean an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as provided in Section 41:4-1 et seq. of this Title. In measuring a yard for purposes of determining the required width of a side yard, the required depth of a front yard or the required depth of a rear yard, the minimum horizontal distance between the lot line and the principal structure shall be used.
Shall mean a yard extending across the street side of a lot
measured between the side lot lines and being the minimum horizontal
distance between the street line and the main building or any projection
thereof, other than steps, unenclosed balconies and unenclosed porches,
except as otherwise provided in this Title.
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A through lot unimproved with buildings shall have a front yard
on each of the opposing streets. A through lot improved with buildings
shall consider the street frontage lot line closest to the principal
building the front yard.
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On corner lots, each lot line abutting a street shall be considered
a front yard. The yard between the structure and the shorter street
lot line shall be the primary front yard and the yard between the
structure and the longer street lot line shall be the secondary front
yard.
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Shall mean a yard extending across the full width of a rear
lot line measured between the rear lot line and the rear of the main
building, or any projection thereof, other than steps, unenclosed
balconies or unenclosed porches except as otherwise provided in this
Title. The rear yard shall be at the opposite ends of the lot from
the primary front yard. A through lot or corner lot is not required
to have a rear yard.
Shall mean a yard that extends along a side lot line from
the required front yard, or from the front lot line if no front yard
is required, to the required rear yard, or to the rear lot line if
no rear yard is required. In the case of a corner lot, any yard that
is not a front yard is considered a side yard.
Shall mean the administrative board of the City of Newark
established pursuant to N.J.S.A. 40:55D-1 et seq.
Shall mean the administrative officer designated to administer
the zoning ordinance and issue zoning permits.
