This chapter shall be known as the "Land Development Ordinance of the City of Union City."
The purposes of this chapter are to establish a pattern for the use of land and buildings based on the land use element of the Master Plan, to implement the Master Plan and to encourage municipal action to guide the appropriate and orderly development of land in a manner which will promote the public health, safety, morals and general welfare of the people. This chapter is intended to:
A.Â
Regulate the use of land within zoning districts; secure safety from fire, flood, panic, and other natural and man-made disasters;
B.Â
Provide adequate light, air, and open spaces; limit and restrict buildings and structures to specified zones and regulate buildings and structures according to their type and the nature and extent of their use, and regulate the nature and extent of the use of land for trade, industry, residence, open space or other purposes;
C.Â
Regulate the bulk, height, number of stories, and size of buildings and other structures;
D.Â
Avoid a conflict with the development and general welfare of neighboring municipalities, the county and the state;
E.Â
Establish appropriate population densities and concentrations contributing to the well-being of persons, neighborhoods, communities and regions and the preservation of the environment; provide sufficient space for residential, recreational, commercial and industrial uses and open space;
F.Â
Encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which result in congestion or blight; promote a desirable visual environment;
G.Â
Promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land;
H.Â
Encourage coordination of various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;
I.Â
Promote utilization of renewable energy resources; and
J.Â
Promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling programs.
The Land Development Ordinance of the City of Union City consists of text, maps and schedules set forth in Chapter 223 of the Code of the City of Union City, New Jersey, or referred to therein.
Uses are regulated in the text and within the Schedule of Bulk Regulations.[1] Some are permitted by right and some may or may not be permitted under certain conditions laid down by the approving authority.
A.Â
All uses not expressly permitted in this chapter are prohibited.
B.Â
Any use, building or structure legally existing at the time of the enactment of this chapter, as determined by the enforcing agency, may be continued even though such use, building or structure may not conform to the provisions of this chapter for the zone in which it is located, except as otherwise specified for nonconforming uses, structures, sites or lots.
C.Â
Building location and dimensions are regulated by the Schedule of Bulk Regulations.
D.Â
Areas in which different regulations operate (districts or zones) are shown on the Zoning Map.[2]
[2]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
E.Â
All provisions are minimum unless otherwise stated or clearly maximum by context. They apply with equal force to initial construction and subsequent modification or addition.
F.Â
Related facilities, such as yards and parking, cannot be attributed more than once to structures; e.g., a side yard belongs to the house on its lot and cannot also serve the house on the adjacent lot.
G.Â
In order to avoid their repetition in the text for each zone, matters pertaining to all zones are covered in individual sections.
H.Â
It shall be the duty of the Zoning Officer to administer and enforce the provisions of this chapter. No building permit shall be issued unless the plans are accompanied by an approved zoning permit. No zoning permit shall be issued unless the proposed structure, use, temporary activity, or construction activity is in compliance with this chapter or is a valid prior nonconforming use. In cases involving the new use of an existing structure, no certificate of occupancy for the new tenant shall be issued until a zoning permit has been issued.
I.Â
Amendments may be made from time to time in accordance with applicable requirements.
[1]
Editor's Note: The Schedule of Bulk Regulations is included as an attachment to this chapter.
[Amended 5-4-2021 by Ord. No. 2021-7; 3-21-2023 by Ord. No. 2023-60; 10-22-2024 by Ord. No. 2024-26]
A.Â
Scope of meaning of certain terms. Unless the context clearly indicates the contrary, words used in the present tense include the future; the singular number includes the plural; and the plural, the singular.
B.Â
For the purpose of this chapter, certain terms and words are defined as follows:
(1)Â
The word "shall" is mandatory and not directory; the word "may" is permissive.
(2)Â
The word "lot" includes the word "plot."
(3)Â
The word "structure" includes the word "building."
(4)Â
The term "erected" shall be deemed to include "constructed," "structurally altered," "enlarged" or "moved."
(5)Â
The word "use" and the word "used" refer to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design or using the same.
(6)Â
The word "person" shall be deemed to include persons, corporations or partnerships where appropriate.
C. ABANDONMENT ABUT ACCESS ACCESSORY BUILDING ACCESSORY STRUCTURE ACCESSORY USE ADAPTIVE REUSE ADDITION ADJOINING LOT OR LAND ADMINISTRATIVE OFFICER AIR RIGHTS AISLE or PARKING AISLE ALLEY ALTERATIONS AMATEUR RADIO OR TELEVISION TOWER AMENDMENT, ZONING ANTENNA, RADIO AND TELEVISION APARTMENT APARTMENT BUILDING APPLICANT APPLICATION FOR DEVELOPMENT APPROVED PLAN APPROVING AUTHORITY ARCHITECTURAL ELEVATION AS-BUILT PLAN ASSISTED LIVING FACILITY ATTACHED SINGLE-FAMILY DWELLING ATTIC AUDIO, RADIO, VIDEO AND TELEVISION STATION AND STUDIO AUTOMATED TELLER MACHINE or ATM AUTOMOBILE AUTOMOBILE AND/OR TRUCK BODY REPAIR SHOP AUTOMOBILE PARTS AND SUPPLY STORE AUTOMOBILE REPAIR SHOP AUTOMOBILE STORAGE YARD AUTOMOBILE SUPPLY AND SERVICE STORE AWNING AWNING OR CANOPY, RETRACTABLE BANK BANK, DRIVE-THROUGH BANK, DRIVE-THRU BANNER BAR BASEMENT BEDROCK BEDROOM BERM BILLBOARD BLOCK BOARD OF COMMISSIONERS BOARDER BOARDING-, LODGING OR ROOMING HOUSE BOUNDARY BUFFER or BUFFER AREA BUILDING BUILDING AREA BUILDING COVERAGE BUILDING HEIGHT BUILDING LINE BUILDING PERMIT BUILDING SETBACK LINE BUILDING, ACCESSORY BUILDING, HISTORIC BUILDING, PRINCIPAL CABARET or NIGHTCLUB CALIPER CANNABIS CANNABIS CULTIVATOR CANNABIS DELIVERY SERVICE CANNABIS DISTRIBUTOR CANNABIS ESTABLISHMENT CANNABIS MANUFACTURER CANNABIS RETAILER CANNABIS WHOLESALER CANOPY CANOPY SIGN CAR WASH CARNIVAL CARPORT CATERING FACILITY CELLAR CHANGE OF USE CHECK CASHING STORE CHILD-CARE CENTER CHURCH CITY CITY CLERK CIVIC USE CLIFF FACE CLINIC, MEDICAL OR DENTAL CLUB COMMERCIAL RECREATION USE, INDOOR COMMERCIAL SCHOOL COMMERCIAL VEHICLE COMMON OPEN SPACE COMMUNITY CENTER CONCEPT PLAN CONCEPT REVIEW CONDITIONAL USE CONDOMINIUM CONFORMING APPLICATION OR PLAN CONGREGATE CARE FACILITY CONTIGUOUS CONVENIENCE STORE COUNTY COURT or COURTYARD CROSS SECTION CUL-DE-SAC or CUL-DE-SAC STREET CURB CURB CUT CUT AND FILL DEAD END or DEAD-END STREET DECK DEED RESTRICTION or RESTRICTIVE COVENANT DENSITY DENTAL CLINIC DENTAL OFFICE DEPTH, LOT DEVELOPABLE AREA DEVELOPER DEVELOPMENT DISTRICT DRAINAGE DRIVE-IN ESTABLISHMENT DRIVE-IN RESTAURANT DRIVE-THROUGH OR DRIVE-THRU BANK DRIVE-THROUGH OR DRIVE-THRU RESTAURANT DRIVEWAY DRY-CLEANING ESTABLISHMENT DRY-CLEANING PLANT DWELLING DWELLING UNIT DWELLING, MULTIFAMILY FAMILY DWELLING, ONE-FAMILY DWELLING, TOWNHOUSE DWELLING, TWO-FAMILY EASEMENT EATING AND DRINKING ESTABLISHMENT ELEVATION ELEVATION, ARCHITECTURAL ELEVATION, GRADE ENFORCING AGENCY ENLARGEMENT ERECT EVERGREEN EXISTING GRADE or EXISTING ELEVATION FACADE FACING FAMILY FAMILY DAY-CARE HOME FAST-FOOD RESTAURANT FENCE FLAG LOT or FLAGPOLE LOT FLOOD HAZARD AREA FLOOR AREA OF A BUILDING, GROSS FLOOR AREA RATIO (FAR) OF A BUILDING FLOOR, MEZZANINE FOOD AND BEVERAGE STORE FREESTANDING SIGN FRONT LOT LINE FRONT OF A STRUCTURE FRONT YARD FRONTAGE GARAGE, PRIVATE GARAGE, PUBLIC GARAGE, REPAIR SHOP GASOLINE SERVICE STATION GOVERNMENT USE GRADE ELEVATION GRADE or GRADIENT GROSS FLOOR AREA GROUND AREA OF A BUILDING GUARANTEE HABITABLE SPACE HEALTH CARE FACILITY, RESIDENTIAL HEALTH CLUB or GYMNASIUM HEAVY INDUSTRIAL HEIGHT OF BUILDING HOME OCCUPATION HOME OCCUPATION, MAJOR HOME OCCUPATION, MINOR HOMEOWNERS' ASSOCIATION HOSPITAL HOSPITAL, VETERINARY HOTEL HOUSE HOUSEHOLD IMPERVIOUS SURFACE IMPROVEMENT IMPROVEMENT, OFF-SITE INDOOR COMMERCIAL RECREATIONAL USE INDUSTRIAL, LIGHT INFORMAL REVIEW or CONCEPT REVIEW INSTITUTIONAL USE INTERIOR LOT LABORATORIES LANDSCAPED AREA LANDSCAPING LAUNDROMAT LIGHT INDUSTRIAL LIVE ENTERTAINMENT LIVE/WORK UNIT LOADING BERTH LOADING SPACE OR BERTH LOADING, OFF-STREET LODGING HOUSE LOT LOT AREA LOT COVERAGE LOT DEPTH LOT LINE LOT LINE, FRONT LOT LINE, REAR LOT LINE, SIDE LOT WIDTH LOT, CORNER LOT, FLAG or FLAGPOLE LOT LOT, INTERIOR LOT, NONCONFORMING LOT, THROUGH MAINTENANCE GUARANTEE MARIJUANA MARQUEE MASSAGE ESTABLISHMENT MASTER PLAN MEDICAL CANNABIS MEDICAL CANNABIS ALTERNATIVE TREATMENT CENTER MEDICAL OFFICE MEDICAL OR DENTAL CLINIC MEDIUM INDUSTRIAL MEZZANINE MIXED-USE BUILDING MOTEL or MOTOR HOTEL MOTOR VEHICLE USES MUNICIPAL USE NADIR NIGHTCLUB NONCONFORMING LOT NONCONFORMING STRUCTURE NONCONFORMING USE NURSING HOME OFF-SITE OR OFF-TRACT IMPROVEMENT OFF-SITE PARKING OFF-STREET LOADING OFF-STREET PARKING OFFICE OFFICE, MEDICAL ON-STREET PARKING OPEN SPACE OPEN SPACE, COMMON OPEN-AIR MARKET OUTDOOR SALES OUTDOOR STORAGE OWNER PARCEL PARK or PLAYGROUND PARKING AISLE PARKING AREA PARKING GARAGE PARKING LOT PARKING LOT, NONACCESSORY PARKING SPACE PARKING, OFF-STREET PARKING, SHARED PATIO PAWN SHOP or PAWNBROKER'S SHOP PENNANT PERFORMANCE GUARANTEE PERMITTED USE PERSONAL SERVICE ESTABLISHMENT PLACE OF WORSHIP PLANNING BOARD PLAYGROUND PLOT PORCH POULTRY SHOP PRINCIPAL BUILDING PRINCIPAL USE PRIVATE PARKING GARAGE PRIVATE STREET PRIVATE SWIMMING POOL PROFILE or CROSS SECTION PROHIBITED USE PROJECTION PROPERTY PUBLIC OR PRIVATE UTILITY PUBLIC PARKING GARAGE RADIO ANTENNA RADIO STATION OR STUDIO RADIO TOWER, AMATEUR RECONSTRUCTION RECREATION USE OR FACILITY RECREATION VEHICLE REFERENCE LEVEL REGOLITH RENOVATION REQUIRED SETBACK LINE REQUIRED YARD RESIDENCE RESIDENTIAL HEALTH CARE FACILITY RESIDENTIAL USE RESTAURANT RESTAURANT, DRIVE-IN RESTAURANT, DRIVE-THROUGH RESTAURANT, DRIVE-THRU RESTAURANT, FAST-FOOD RETAIL SALES ESTABLISHMENT RETRACTABLE AWNING OR CANOPY RIGHT-OF-WAY RIGHT-OF-WAY LINE ROOMING HOUSE ROW HOUSE or ATTACHED SINGLE-FAMILY DWELLING SATELLITE ANTENNA SCHOOL SCREENING SELF-STORAGE FACILITY SETBACK SHADE TREE SHED SIDE SLOPE SIDE YARD SIGN SIGN AREA SIGN, BILLBOARD SIGN, BUILDING SIGN, BUSINESS OR NONRESIDENTIAL SIGN, CANOPY SIGN, FREESTANDING SIGN, HANGING SIGN, ILLUMINATED SIGN, INCIDENTAL SIGN, LIGHT BOX SIGN, MAINTENANCE SIGN, MONUMENT SIGN, POLITICAL SIGN, PORTABLE SIGN, PROJECTING SIGN, RESIDENTIAL SIGN, ROOF SIGN, TEMPORARY SIGN, WALL SIGN, WINDOW or SIGN, WINDOW DISPLAY SITE PLAN SITE PLAN, EXEMPT SITE PLAN, MINOR(1) (2) (3) SLOPE SLUMP BLOCK SMOKE SHOP STEEP SLOPE STORAGE FACILITY STORAGE FACILITY, SELF-SERVICE STORAGE, OUTDOOR STORY STORY, HALF STREET LINE or RIGHT-OF-WAY LINE STREET-FACING SETBACK STREETSCAPE STRUCTURAL ALTERATION STRUCTURE STRUCTURE, ACCESSORY STRUCTURE, NONCONFORMING STUDIO SURFACE TALUS SLOPE TENNIS OR SPORTS COURT THEATER or MOVIE THEATER TOP OF CLIFF TOWNHOUSE or TOWNHOUSE DWELLING TRACT TRAILER TREE, SPECIMEN OR SIGNIFICANT USE USE VARIANCE VAPE SHOP VETERINARY OFFICE OR HOSPITAL WALL WINDOW WINDOW AREA WIRELESS TELECOMMUNICATIONS (WT) WIRELESS TELECOMMUNICATIONS ANTENNA (WT ANTENNA) WIRELESS TELECOMMUNICATIONS COMPOUND (WT EQUIPMENT COMPOUND) WIRELESS TELECOMMUNICATIONS EQUIPMENT (WT EQUIPMENT) WIRELESS TELECOMMUNICATIONS SERVICE PROVIDER (WT SERVICE PROVIDER) WIRELESS TELECOMMUNICATIONS TECHNOLOGY (WT TECHNOLOGY) WIRELESS TELECOMMUNICATIONS TOWER (WT TOWER) YARD YARD, FRONT YARD, REAR YARD, SIDE ZONE or DISTRICT ZONING AMENDMENT or ZONING MAP AMENDMENT ZONING BOARD OF ADJUSTMENT ZONING MAP ZONING OFFICER ZONING PERMIT
For the purposes of this chapter, certain words and terms used herein are defined as follows:
Abandonment of a nonconforming use requires a discontinuance of the use of a property and an intent to abandon the property.
To physically touch or border upon or to share a common property line but not overlap. (See also "contiguous.")
A way or means of approach to provide a vehicle or pedestrian physical entrance to a property. (See also "driveway.")
A building detached from and subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building. (See "accessory structure" and "accessory use.")
A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use. (See also "accessory building" and "accessory use.")
A use of land or a building or structure or portion thereof customarily incidental and subordinate to the principal use of the land, building or structure and located on the same lot as the principal use. (See also "accessory building" and "accessory structure.")
The development of a new use for an older building or for a building originally designed for a special or specific purpose.
An extension or increase in floor area or height to an existing building or structure.
A lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.
The Zoning Officer of the City of Union City.
The rights to inclusive and undisturbed use and control of a designated space within delineated boundaries, either at the surface or above a stated elevation of another structure. Such rights may be purchased or leased for the construction of improvements.
The traveled way by which cars enter and depart parking spaces.
A service roadway providing a secondary means of access to abutting property and not intended for general circulation.
Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress or egress, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. Normal repairs and maintenance shall not be considered as alterations.
A structure utilized by a single homeowner to send and/or receive radio and/or television communications.
See "zoning amendment or Zoning Map amendment."
Antennas used by homeowners to receive radio or television communications.
See "dwelling unit."
See "dwelling, multifamily family."
A person submitting an application for development. (See also "developer.")
The application form and all accompanying documents and exhibits required of an applicant by an approving authority for development review purposes.
A plan that has been granted final approval by the appropriate approving authority.
The Planning Board, Zoning Board of Adjustment or other legally designated individual or agency that has been charged with the review and approval of plans and/or applications.
A fully dimensioned drawing of the front, rear or side of a building showing features such as windows, doors and relationship of grade to floor level.
A plan drawn by a professional engineer or registered architect to scale showing the exact layout and dimensions of an existing completed structure or building.
Residences for the frail elderly that provide rooms, meals, personal care and the supervision of self-administered medication and may, in addition, provide recreational activities, financial services and transportation for the residents.
See "row house."
That part of a building which is immediately below, and wholly or partly within, the roof framing.
A building or portion thereof utilized to produce audio, radio, video or television programs.
Any establishment or device whose purpose is the performance of financial transactions to a customer without the aid of a teller.
A self-propelled, free-moving vehicle with four wheels, usually used to transport not more than six passengers, and licensed by an appropriate agency as a passenger vehicle.
An establishment engaged in the repair, service, maintenance or painting of an automobile and/or truck body, but not wrecking or salvage.
A retail store whose business is the sale of automobile parts and supplies only, and which does not include any repair, service or installation, no matter how minor or infrequent.
An establishment engaged in furnishing automobile repair, service or maintenance, but not including body work or painting.
An establishment whose principal use is the storage of automobiles. Space utilized for the storage of automobiles shall not be considered parking spaces within the meaning of this chapter.
A retail store whose primary business is the sale of automobile parts and supplies, and which provides for the service or installation of such parts on the premises as an accessory use.
A roof-like cover generally made of cloth, canvas or similar material that permanently projects from the wall of a building for the purpose of shielding a doorway or window from the elements, not including a marquee. In residential districts, awnings and canopies shall be deemed structural projections.
See "retractable awning or canopy."
A business establishment authorized to perform financial transactions such as receiving and lending money, but not including check cashing stores or pawnshops.
See "drive-through bank."
See "drive-through bank."
Any temporary sign applied to paper, plastic, or fabric of any kind, which may be permitted by the governing body by permit.
An establishment used primarily for the serving of liquor by the drink to the general public.
A habitable or nonhabitable space partly underground but having at least 1/2 of its clear height above the reference level. A basement shall be counted as a story if its ceiling is four or more feet above the reference level.
Continuous solid rock that underlies regolith.
A private room intended or used for sleeping separated from other rooms by a door or other physical barrier.
A mound of earth used to shield, screen and buffer undesirable views.
Any sign erected or maintained for the purpose of displaying outdoor advertising for products or services provided either on or off premises.
That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or nearest intersecting or intercepting street or railroad right-of-way, park boundary or waterway.
The Board of Commissioners of the City of Union City.
An individual other than a member of a family or household occupying a dwelling unit or part thereof who is furnished sleeping accommodations for a fee and may be furnished with meals and/or other services as part of the consideration.
A dwelling or part thereof in which lodging is provided by the owner or operator to more than one boarder.
The border or outer physical limit of a lot or property.
An open space or landscaped area consisting of trees, shrubs, berms, walls, solid fencing or a combination of all, so installed as to provide both a visual and an acoustical barrier between one use or property and another use or property.
Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind. Structures divided by unpierced masonry division walls extending from the ground to the roof shall be deemed to be separate buildings.
The total of areas, taken on a horizontal plane at the main grade level, of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
The total of areas, taken on a horizontal plane at the main grade level, of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
See "height of building."
A line parallel to the front line and removed from it by the depth of the required front yard.
Written permission or authorization issued by the Zoning Officer for the construction, repair, alteration or addition to a structure or building, or the alteration of a lot or land.
A line parallel to the street line or lot line touching that part of the building closest to that street line or lot line.
See "accessory building."
See "historic or landmark site."
See "principal building."
Any room, place, space or premises operated as a commercial establishment in which eating and/or drinking may take place and in which there is also provided entertainment. Such entertainment may include music by a live musician or musicians, or any mechanical, electronic or other means, such as records, laser discs, audio or videotapes or other audio or audiovisual means; this does include the operation of a motion-picture theater. Also included as entertainment are any act, play, burlesque show, revue, pantomime, scene, dance act or song-and-dance act participated in by one or more employees, guests, customers or any other person or persons. For the purpose of this definition, background piped-in music shall not be deemed as a form of entertainment.
The diameter of a tree trunk as measured from six inches above ground level for trees up to four inches in diameter, and 12 inches above ground level for trunks of trees with diameters in excess of four inches.
All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et al.) for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2), and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et al.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et al.).
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.
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.
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.
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
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.
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.
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.
A nonretractable structure that permanently projects from the wall of a building, to shield a doorway, window or sidewalk, generally made of rigid building materials and supported by a metal frame.
See "sign, canopy."
A building or premises used for the washing of automobiles.
A temporary enterprise offering amusements, entertainment, exhibitions, foods, contests and livestock exhibits, with or without the payment of a fee, admission or subscription. A carnival may also include a fair, rodeo, tent park, amusement trailer center or other similar appellations.
A roofed structure providing space for the parking of motor vehicles and enclosed on two sides or fewer.
See "banquet or catering facility."
A habitable or nonhabitable space partly underground and having more than 1/2 of its clear height below the reference level or having less than four feet of clear height above the reference level. A cellar shall not be considered a story.
Any use which is different in use classification, as provided for in Article VI of this chapter, from the previous use.
An establishment primarily engaged in the business of cashing of checks for individuals and not offering the full range of financial services normally associated with a bank.
A facility providing for the care, supervision and protection of children which is required to be licensed by the State of New Jersey Department of Human Services.
See "place of worship."
The City of Union City, County of Hudson, State of New Jersey.
The Clerk of the City of Union City.
A nongovernmental use whose affairs relate to the City or its citizens, but not including government or municipal uses as defined herein.
A sheer, nearly vertical slope of exposed bedrock.
See "medical or dental clinic."
A group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.
See "indoor commercial recreational use."
An educational or training establishment operated for a business, including the instruction of language, dance, fine or applied arts, martial arts, business, computers, trades, vocations, or the like.
Any motor vehicle licensed by the state as a commercial vehicle.
An open space within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
A building used for neighborhood meetings and recreational activities, whether or not on the basis of fees or charges, and exclusive of a building accessory to a church or religious organization.
A plan or sketch for development provided for the purposes of informal review which carries no legal obligations or vested rights on the applicant, the approving authority or any other party.
See "informal review or concept review."
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning provisions of this chapter, and upon the issuance of an authorization therefor by the Planning Board.
A building or group of buildings in which dwelling units, offices, or floor area are owned individually, and the structure, common areas and facilities are owned by the owners on a proportional, undivided basis.
An application or plan which meets all of the requirements of this chapter and other applicable requirements of the Code of the City of Union City.
A facility for ambulatory elderly residents consisting of dwelling units with communal dining facilities and services such as housekeeping, organized social and recreational activities, transportation services and other support services appropriate for the residents.
Next to, abutting or touching and having a boundary or portion thereof that is coterminous. (See also "abut.")
A retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods for off-site consumption.
The County of Hudson of the State of New Jersey.
An open, unoccupied space bounded on at least two opposing sides by a building wall, but not a front, side or rear yard. An outer court is a court which has one side facing a street, a front yard or a rear yard and which is surrounded on all other sides by building walls and/or side lot lines. Any other court is an inner court. An offset to a court shall be deemed a separate inner court for the purpose of determining its least dimension, its area and the least dimension and area of the court to which it is contiguous. The width of a court is the dimension parallel to the open side in the case of an outer court and is the least dimension in the case of an inner court. For a court which opens upon a side yard, the measurement at right angles to the side lot line may be measured from the building wall to such side lot line across the side yard. The horizontal depth of a court is the dimension at right angles to its width. For a court which opens upon a rear yard or upon a front yard or street, the horizontal depth may be measured from the building wall of the court to the rear line or front line of the building, and such horizontal depth will not be construed to include the depth of the rear yard or front yard.
See "profile."
A street with a single common ingress and egress and with a turnaround at the end. (See also "dead-end street.")
A stone, concrete or other improved boundary marking the edge of a roadway or paved area.
The opening along the curbline or edge of pavement at which point vehicles may enter or leave the roadway.
The excavation of rock fragments and mineral grains, including soil, in one place and the deposit of the material as fill in another place.
A street with a single common ingress or egress with no turnaround at the end. (See also "cul-de-sac street.")
An uncovered structure, usually constructed of wood or concrete, extending from the exterior wall of a residential dwelling, no more than three feet above the finished ground elevation of the wall from which it extends. Any such structure which is more than three feet above the finished elevation shall be considered part of the principal structure for purposes of setback. (See also "patio" and "porch.")
A restriction on the use of land as set forth in the deed.
The permitted number of dwelling units per gross acre of land to be developed.
See "medical or dental clinic."
See "medical office."
See "lot depth."
The area of a lot exclusive of any portion which contains cliff face.
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. (See also "applicant.")
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law.[1]
See "zone or district."
The removal of surface water or groundwater from land or stormwater from roofs or paved areas by drains, grading, or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development.
Premises constructed for the sale of any goods or services by means of curb, window-counter, or self-service, for the motoring public.
An establishment where food or drink is served to a customer in an automobile outside the confines of a building for consumption on the premises. (See also "drive-through or drive-thru restaurant.")
A bank where transactions are made to customers within an automobile outside the confines of a building.
An establishment where food is served for immediate consumption outside the confines of a building and where all or part of that consumption occurs outside the confines of the building, off the premises.
A vehicular way on private property which provides access to a street or highway. (See also "access.")
A retail establishment used primarily for the purposes of picking up or dropping off clothing by customers for dry-cleaning purposes, and in which only those clothes dropped off by the customers at such an establishment and no other are dry cleaned within the premises. (See also "dry-cleaning plant.")
An establishment in which clothing dropped off by customers at the establishment, and from other establishments, is dry cleaned within the premises. (See also "dry-cleaning establishment.")
A building containing dwelling units. The term "dwelling" shall not be deemed to include hotel, motel, rooming house or other accommodations used for more or less transient occupancy.
A building or portion thereof used for living purposes by one family and having cooking and sanitary facilities for its exclusive use.
A building containing four or more dwelling units with separate cooking and toilet facilities for each dwelling. Multifamily family dwellings may also include condominiums, as defined here.
A building containing one dwelling unit only.
[2]A building containing three or more dwelling units wherein each unit has its own front and rear access to the outside, no unit is located over another unit, and each is separated from the other by one or more common vertical walls. (See also "row house or attached single-family dwelling.")
A building containing two dwelling units only.
A permanent right in an individual, the public or other entity to use the land of another for a specific purpose not inconsistent with the general ownership of the property. (See also "right-of-way.")
A retail establishment serving prepared food or drink within an enclosed building for immediate consumption within the building or off the premises, including restaurants, lunch counters, ice cream and pizza parlors, and luncheonettes, which have a customer service area limited to eight seats or space for no more than eight customers to eat within the establishment, but excluding all drive-in or drive-through restaurants, and bars or taverns. (See also "food and beverage store.")
A vertical distance above or below a fixed reference.
See "architectural elevation."
See "grade elevation."
The municipal administrative entity charged with the administration and enforcement of the regulations in accordance with the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq., which shall be the Construction Code Official or his designee unless otherwise designated.
An increase in the size of an existing structure, building or use, including the physical size of a property, structure, building, parking or other improvements.
To build, construct, attach, hang, place, suspend or affix, including, but not limited to, the painting of wall signs.
A plant with foliage that remains green year-round.
The vertical location above some elevation point of the ground surface prior to excavating or filling.
The exterior walls of a building exposed to public view or that wall viewed by persons not within the building.
The surface of the sign upon, against or through which the message is displayed or illuminated on the sign.
A group of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, federation or like organizations, or any group of individuals who are in a group living arrangement as a result of criminal offenses.
The private residence of a family day-care provider which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.).
An establishment in which food is pre-prepared and sold over a counter in disposable containers or wrappers selected from a limited menu for consumption on or off the premises.
An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
See "lot, flag or flagpole lot."
That portion of the floodplain as designated by the Federal Insurance Administration or the Federal Emergency Management Agency as constituting particular hazards or risks applicable to the community by reason of flooding.
See "gross floor area."
The quotient of the gross floor area of a building divided by its lot area. Above-grade structured parking is included in the FAR while below-grade parking shall be excluded from the FAR calculation.
See "mezzanine."
An establishment selling food and beverages to the public, including but not limited to meat, poultry, fish, specialty foods, beverages, candy, nuts, dairy products, health food, liquor and wine, and including convenience stores, delicatessens and bakeries (for sale of goods on premises only), but not including eating and drinking establishments or restaurants.
See "sign, freestanding."
The lot line separating the front of a lot from a street right-of-way. (See also "street line or right-of-way line.")
When erected on a plot abutting on two or more streets, that abutting side which is so designated on the plot plan by the owner.
A space extending the full width of the lot between any building and the front lot line.
That side of a lot abutting a street.
See "private parking garage."
See "public parking garage."
See "automobile repair shop."
An establishment primarily used for the retail dispensing of vehicular fuel and oil to automobiles and the incidental servicing thereof, but not including body work or painting.
The use of land, buildings or structures by any department, commission, independent agency or instrumentality of the United States, of a state, county, authority, district or other governmental unit other than the City of Union City.
The average ground elevation of the land around the exterior walls of a building or structure.
The percent of rise or descent of a sloping surface, "grade" is defined as the average ground elevation of the land around the exterior walls of a building or structure. (See also "grade elevation.")
The sum of the gross horizontal areas of the several floors and mezzanine floors of a building and its accessory buildings on the same lot, excluding basement or cellar areas devoted to parking and mechanical equipment space. All dimensions shall be measured between exterior faces of walls.
See "building coverage."
See "performance guarantee."
A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.
See "residential health care facility."
An establishment that provides facilities for physical exercise such as aerobics, running, jogging, weightlifting, game courts, swimming facilities, and accessory saunas, showers, massage rooms and lockers, within an enclosed building or buildings.
An establishment which involves basic processing and manufacturing of materials or products predominantly from extracted or raw materials. (See also "light industrial" and "medium industrial.")
The vertical distance measured from the reference level to the level of the highest point of the roof beams.
An activity carried out for gain by a resident, conducted entirely within a dwelling unit, which is clearly incidental and secondary to the use of the lot for residential purposes. The term shall not include businesses or occupations such as the operation of a beauty parlor, barbershop, automobile repair servicing or body shop, convalescent or nursing home, insurance or real estate agency, boardinghouse, kennel or stable, massage parlor, dancing instructions, band instrument instructions in group, child-care centers, drug counseling centers, antique shops, restaurants, tearooms, tourist homes, real estate offices, insurance offices, mortuary establishments, stores, trades, veterinary hospitals or similar establishments offering services to the general public. (See also "home occupation, major" and "home occupation, minor.")
A home occupation that involves up to two employees other than a resident of the dwelling unit in which the occupation is being conducted. See § 223-43E for additional regulations.
A home occupation that does not involve any employees other than a resident of the dwelling unit in which the occupation is being conducted. See § 223-8G(2)(a) for additional regulations.
An association of homeowners organized to own, maintain, operate and share the cost of maintaining common facilities and to enhance and protect their common interests.
An institution which maintains and operates organized facilities and services for the diagnosis, treatment or care of persons suffering from illness, injury or deformity and/or obstetrics, and in which all diagnosis, treatment and care are administered by or performed under the direction of persons licensed to practice medicine in the State of New Jersey.
See "veterinary office or hospital."
A facility offering transient lodging accommodations to the general public wherein all rooms are connected to interior hallways, and thereby to interior elevators, lobbies or stairways, through which access to the exterior is gained. Hotels may include but not be limited to related services such as restaurants, meeting rooms or recreation facilities.
See "dwelling unit."
A family living together in a single dwelling unit, with common access thereto and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.
A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
Any permanent structure that becomes part of, placed upon, or is affixed to real estate.
See "off-site improvement."
A building or group of buildings used for recreational purposes and operated as a business and open to the public for a fee, including bowling alleys, skating and roller rinks, pool and billiard halls, indoor rifle and pistol ranges, indoor batting cages, recreation centers, and indoor swimming pools or tennis courts. (See also "recreation use or facility.")
See "light industrial."
A review process undertaken by the Planning Board at the option of the applicant as provided for in this chapter, for the purposes of assisting an applicant to prepare an application for formal submission and to provide direction and feedback on such application, at which no decisions, resolutions or formal actions are taken, and wherein all comments or communications carry no legal obligation or vested rights, nor are binding on any party.
A nonprofit or public use, such as a library, public or private school, or government-owned or -operated building, structure, or land used for public purpose.
A lot other than a corner lot. (See also "corner lot" and "through lot.")
An establishment or part thereof equipped and used for experimental study, testing or analysis in a field of science.
Areas containing trees, shrubs and ground covers, pedestrian and recreation areas, ponds, streams or any other areas or features which can be reasonably included, but shall not include areas occupied by buildings or structures, paving for parking, loading or access thereto, required buffers or areas utilized for outside storage.
Lawns, trees, plants and other natural materials such as rock and wood chips, and decorative features, including sculpture, patterned walks, fountains and pools.
A business premises equipped with individual clothes-washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in a multifamily building or hotel.
An establishment engaged in light nonnuisance fabrication or the assembly, packaging, storage and distribution of products from finished products or parts.
Any form of entertainment which is performed in person before an attending audience.
A dwelling unit designed to provide space in which to conduct a business or trade, including offices, studios, crafts workshop area or laboratory space.
See "loading space or berth."
An off-street space or berth used for the loading or unloading of cargo, products or materials from vehicles.
See "off-street loading."
See "boarding-, lodging or rooming house."
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
An area of land which is determined by the limits of the lot lines bounding the area expressed in terms of square feet. Any portion of a lot included in a public or private street right-of-way shall not be included in calculating lot area.
The area of the lot covered by impervious surfaces, including buildings and other structures.
The mean horizontal distance between the front and rear lot lines. Where the front property line is an arc of a circle or irregular in shape, the depth shall be the average distance between the front and rear lines.
The boundary line of a parcel of land as shown on a certified filed map, Tax Map or as defined by a field map. A lot line shall not be considered unless legally subdivided or apportioned.
The street line of a lot. On a corner lot, the front line shall be the shorter street line. On a corner lot with equal street lines or having more than the required lot depth on two or more streets or on a through lot, the owner may elect which street line shall be considered the front lot line.
The lot line which is more distant from and most nearly parallel to the front lot line.
Any lot line which is not a front or rear lot line.
The mean width of any lot, measured at right angles to its depth.
A lot at the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed on 135°.
A lot which does not meet the minimum lot width requirements and where access from the lot to the public road is by means of a narrow private right-of-way or driveway.
See "interior lot."
See "nonconforming lot."
An interior lot which fronts upon two parallel streets or which fronts upon two streets which do not intersect at the boundaries of the lot.
A security acceptable to the City of Union City to assure that necessary improvements installed or completed by a developer will function as required for a specific period of time.
Has the meaning given in N.J.S.A. 24:6I-3.
A permanent nonretractable cover made of rigid building materials constructed as an integral part of the building, the supports of which are part of the original structure, which extends from the building over an entrance or sidewalk to shield a doorway, window or sidewalk from the elements.
Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed massage therapist, physical therapist or health professional or barbershops or beauty salons in which massages are administered only to scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
The current Master Plan of the City of Union City adopted in accordance with the requirements of N.J.S.A. 40:55D-28.
Has the meaning given to it in N.J.S.A. 24:6I-33.
Has the meaning given in N.J.S.A. 24:6I-3 and 24:6I-33.
The office of recognized medical practitioners, including but not limited to doctors, dentists, dental surgeons, veterinarians, chiropractors, podiatrists, psychologists, and licensed therapists.
An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists, or social workers and where patients are not lodged overnight, and are provided treatment not commonly performed in medical or dental offices.
An establishment engaged in the processing, fabrication, treatment, packaging, storage and distribution of predominantly previously prepared materials, or finished products or parts, but excluding basic processing or manufacturing from predominantly new or extracted materials. (See also "heavy industrial" and "light industrial.")
An intermediate floor between the floor and ceiling of any story and covering less than 1/3 of the floor area immediately below. A mezzanine shall not be counted as a story, but its floor area shall be included in the computation of gross floor area.
A building containing nonresidential use on the ground floor and residential use on upper floors.
A facility offering transient lodging accommodations to the general public wherein all rooms are not connected to interior hallways, and thereby to interior elevators, lobbies or stairways, through which access to the exterior is gained.
Any one of the following as defined herein: automobile body repair shops, automobile rental or short-term leasing establishments, automobile repair shops, automobile sales or long-term leasing establishments, gasoline service stations, automobile storage yards, automobile supply and service stores, automobile washes, convenience stores in conjunction with gasoline service stations, transport service businesses, truck and bus depots, rental, storage, leasing and sales establishments, truck and bus service stations, and repair shops.
Any use of land, building or structure by the City of Union City or an agency thereof.
The lowest point.
See "cabaret or nightclub."
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. (See also "nonconforming structure" and "nonconforming use.")
A structure, the size, dimension or location of which was lawful prior to the adoption, revision, or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment. (See also "nonconforming lot" and "nonconforming use.")
A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment. (See also "nonconforming structure" and "nonconforming use.")
An institution licensed and approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the institution's operator by marriage, blood or adoption.
Improvements to be made off-site as a result of an application for development and including, but not limited to, road widening and upgrading, stormwater facilities, and traffic improvements.
Parking provided for a specific use but located on a site other than the one on which the specific use is located.
Designated areas located adjacent to buildings where trucks may load and unload cargo. (See also "loading space or berth.")
Parking for a motor vehicle not located within a street right-of-way. (See also "on-street parking.")
A room or group of rooms used for conducting the offices of a business, profession, service, industry or government, and generally furnished with desks, tables, files, and communication equipment, including offices of general, business, executive, legal, accounting, architect, planning, engineer, real estate, contractor and employment agencies.
See "medical office."
Parking for motor vehicles located within a street right-of-way. (See also "off-street parking.")
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants and their guests, of land adjoining or adjacent to such open space.
See "common open space."
A public marketplace where food and merchandise is sold.
The outdoor display of goods and merchandise for sale and shall include but not be limited to garage sales and the like. All outdoor sales shall be subject to the provisions of § 223-49 herein.
The keeping of any goods, junk, material, merchandise or vehicles outdoors in the same place overnight or continually for a period of more than 12 hours.
Owner of real property.
A contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity, including members of an immediate family. (See also "lot" and "tract.")
A tract of land designated and used by the public for active and passive recreation.
See "aisle or parking aisle."
Any public or private area, inside, under or outside of a building or structure, designed and used for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas of public streets.
See "private parking garage" and "public parking garage."
An unenclosed parking area for the parking of vehicles.
A parking lot that is the principal use of a property and is not an accessory use to any other use.
A space conforming to applicable standards of this chapter for the parking of a motor vehicle within a parking area.
See "off-street parking."
Any off-street parking when land uses having different parking demand patterns are able to use the same parking spaces/areas throughout the day. Shared parking is most effective when these land uses have significantly different peak parking characteristics that vary by time of day, day of week, and/or season of the year. In these situations, shared parking strategies will result in fewer total parking spaces needed when compared to the total number of spaces needed for each land use or business separately.
A level, landscaped or surfaced area directly adjacent to a principal building at grade and not covered by a permanent roof. (See also "deck" and "porch.")
An establishment in which the proprietor lends money on the security of personal property pledged in his or her keeping.
Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind. This shall also include streamers and flags.
A security that is acceptable to the City of Union City to assure that improvements that are required as part of an approved development will be satisfactorily installed or completed.
A use of a building or land that conforms with the provisions of this chapter.
An establishment engaged primarily in providing services involving the care of a person or his or her personal goods or apparel, including but not limited to linen supply, beauty and barber shops, dressmaker, tailor shops, watch repair, clothing and shoe repair, laundromats, drop-off laundry and dry cleaners (not including dry-cleaning establishments or plants), nail salons and tanning salons.
A church, synagogue, temple, mosque, or other building or group of buildings which by design and construction is intended for the conducting of organized religious services and accessory uses associated therewith.
The Planning Board of the City of Union City.
See "park or playground."
See "lot."
A roofed open area which may be screened but not enclosed by glazing, usually attached to or part of and with direct access to and from a building. Porches are part of a principal structure for purposes of setback. (See also "deck" and "patio.")
Shall mean any premises where live poultry is stored, maintained, or housed for sale and/or slaughter on-site. This shall include any facility that gathers live poultry to be slaughtered and sold on-site as well as any business establishment or entity working within the live poultry distribution system, including, but not limited to, production/supplier flocks or farms, poultry wholesalers, and poultry distributors/dealers. This definition shall include any premises dedicated as a principal business to the maintenance, storage, housing, distribution, delivery, offering, or sale of live poultry on premises for butchering or slaughter.
A building in which is conducted the principal use of the lot on which it is located.
The primary or predominant use of any lot, parcel, structure or building.
A structure that is accessory to a residential use which is used for the parking of vehicles, and which is not used by the general public.
A street that has not been accepted by the City of Union City or other governmental entity, but which is shown on the Official Map of the City of Union City.
A swimming pool located as an accessory use on the same lot as the principal use it serves, which is utilized only by the owner or tenants or his or their nonpaying guests.
A drawing or side or sectional elevation showing the vertical elements of a structure from below ground through the top of the structure.
A use not permitted within a district. Those uses not permitted by Article VI of this chapter are prohibited. The listing of certain uses as specifically prohibited reiterates the prohibition regarding those particular uses to avoid doubt or confusion.
An extension of a building which protrudes or juts out from the vertical plane of the building.
A lot, parcel or tract of land together with the building and structures located thereon. (See also "lot," "parcel" and "tract.")
Any agency that, under public franchise or ownership, or under certificate of convenience and necessity, or by grant of authority by a governmental agency, provides the public with electricity, gas, heat, steam, communication, transportation, water, sewage collection or other similar services.
A building, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.
See "antenna, radio or television."
See "audio, radio, video and television station and studio."
See amateur radio or television tower. (See also "telecommunications tower.")
Any project where the extent and nature of the work is such that the work area cannot be occupied while the work is in progress and where a new certificate of occupancy is required before the work area can be reoccupied. Reconstruction may include repair, renovation, alteration or any combination thereof. Reconstruction shall not include projects comprised only of floor finish replacement, painting or wallpapering, or the replacement of equipment or furnishings. Asbestos hazard abatement and lead hazard abatement projects shall not be classified as reconstruction solely because occupancy of the work area is not permitted.
A place designed and equipped for the conduct of sports and leisure time activities.
A vehicular-type portable structure without permanent foundation that can be towed, hauled or driven and designed primarily as a temporary living accommodation for recreation, camping and travel use, including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
The level of the established curb at the center of that street frontage of the building where the average curb level is highest. Where no curb level has been established or wherever the grade elevation of that portion of the parcel is higher than the curb level, such grade elevation shall be considered to be the reference level for the purpose of this chapter.
The noncemented rock fragments and mineral grains, including soil, which overlie bedrock.
The removal and replacement or covering of existing interior or exterior finish, trim, doors, windows, or other materials with new materials that serve the same purpose and do not change the configuration of space. Renovation shall include the replacement of equipment or fixtures.
That line that is the required minimum distance from any lot line and that establishes the area in which a building must be erected or placed.
The open space between the lot line and the required setback line measured perpendicular to the lot line and within which no structure shall be located except as provided in this chapter.
A home, abode or place where an individual or household is actually living at a specific point in time.
Any facility so defined by N.J.S.A. 26:2H-1 et seq. and regulated by the New Jersey Department of Health and Senior Services. "Residential health care facility" shall include the terms "assisted living," "congregate care," "nursing home," "convalescent home," "extended care," and "long-term care."
Any use in which one or more dwelling units or residences are present.
An establishment where food and drink are prepared, served and consumed within an enclosed building, and wherein food is served only to be consumed by customers seated at tables on the premises. (See also "eating and drinking establishment," "drive-in restaurant" and "drive-through restaurant.")
See "drive-in restaurant."
See "drive-through restaurant."
See "drive-through restaurant."
See "fast-food restaurant."
An establishment engaged in selling of goods and merchandise to the general public for personal or household use, including automobile parts and supplies (with no service), clothing and shoes, fabrics, curtains, drapes, floor coverings, furniture, lamps, appliances, radios, television sets, computers, electronics, upholstery, china and glassware, luggage and leather goods, antiques, home wares, paint and wallpaper, arts and crafts, candles, records, tapes, videos, musical instruments, pets, books and stationery, flowers, tobacco, drugs, sporting goods, jewelry, sewing machines, photography equipment, keys, cards, gifts, and toys, and including television, appliance, computer and electronics sales and repair establishments, department stores, variety stores, hardware stores (with products for sale predominantly to the public), interior decorating stores, hobby shops and art galleries.
An awning or canopy that may be retracted by mechanical means so as not to project beyond the front facade of a building.
An easement for ingress and egress, sometimes together with the right to maintain utilities within the easement area. (See also "easement.")
See "street line or right-of-way line."
See "boarding-, lodging or rooming house" and "boarder."
See "dwelling, townhouse."
Any accessory structure capable of receiving and/or transmitting, for the sole benefit of the principal use, radio or television signals from a transmitter or transmitter relay located in planetary orbit and including but not limited to satellite receivers, satellite dish antennas, satellite disks, direct broadcast systems (DBSs), and television reception only systems (TVROs).
Any place of education or instruction, other than a commercial school, college, university, theological seminary, convent, monastery, child-care center, children's day camp or religious retreat.
A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation. (See also "buffer or buffer area.")
A facility consisting of a building or group of buildings in a controlled-access compound that contains varying sizes of individual compartmentalized and controlled access stalls or lockers for the dead storage of customers' goods and wares.
The distance between a building and any lot line. When two or more lots under one ownership are used for a single development, the exterior lot lines so grouped shall be used in determining the setback.
A tree with a minimum caliper of 2Â 1/2 inches, usually deciduous, planted primarily for overhead canopy.
A small, fully enclosed structure for storage. (See also "accessory structure.")
The section of a slope that is below the talus slope and generally of moderate or lesser gradient than the talus slope or cliff face.
A space extending from the front yard to the rear yard between the principal building and the side lot line.
Any device, either freestanding or attached to a building or structure or erected, painted, represented or reproduced upon or in, to the extent provided herein, any building or structure, which displays, reproduces or includes any letter, word, name, number, model, insignia, emblem, design, device or representation used for one or more of the following purposes: to identify the premises or occupant or owner of the premises; to advertise any trade, business, profession, industry, service or other activity; to rent or use all or a part of the premises, including that upon which it is displayed; to direct vehicular or pedestrian traffic, other than state, county or municipal highway and roadway markers; and shall include any announcement, declaration, demonstration, display, illustration, insignia or any representation used to advertise or intended to advertise or promote the interest of any person. In no event shall the word "sign" be construed to mean any sign in the interior of any structure except as specifically set forth in this chapter.
The area of a sign face that encompasses the extreme limits of the writing, representation, emblem or other display, together with the sign frame and any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, or by delineating the area established by reason of distinctive variation in background color or by borders, whichever is greater.
See "billboard."
Any sign attached to any part of a building, as contrasted to a freestanding sign.
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered upon the premises, provided that, at any location where a business sign is permitted, there shall also be permitted a sign containing noncommercial images or messages in lieu of any other images or messages, regardless of whether such noncommercial images or messages relate to activity conducted upon the premises.
Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.
Any sign supported by a structure or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
See "sign, projecting."
Any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign.
A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.
A permanent wall-mounted sign with an exposed frame, a flat translucent face and internal illumination.
Includes replacement without substantial change of any parts or support of any sign and the painting without change of text, design or size of any sign, without removal of the sign from the wall or structure supporting it.
A freestanding sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground.
Any sign, notice, poster or other device calculated to convey a preelection political message or to obtain votes for a particular candidate, slate of candidates, public question or political issue when the same is placed in the view of the general public.
Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless such vehicles are used in the normal day-to-day operations of the business.
A sign attached to a structure, building wall or facade that projects at a right angle and/or is perpendicular to a building facade or structure.
Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the Zoning Ordinance.
Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
Any sign used temporarily for a period not to exceed 30 days that is not permanently mounted or maintained on an existing structure. Temporary signage is subject to § 223-45E.
Any sign attached to a wall, parapet or facade of a building or structure, in which the exposed face of the sign is erected on a plane parallel to the wall on which the sign is mounted.
Includes all signs, as defined herein, which are situated within 12 inches of the window surface. Window signage is subject to § 223-45C(3).
A rendering, drawing, or sketch prepared to specifications and containing necessary elements, as set forth in Article IV of this chapter, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.
Pursuant to the standards of Article IV of this chapter.
A development plan for less than 1,000 square feet of additional gross floor area or soil disturbance between 1,000 and 4,999 square feet of soil, pursuant to Article IV and provided that the site plan:
Conforms to the zoning requirements; and
Does not involve a planned development, new street or extension of any off-tract improvements, which is to be prorated pursuant to N.J.S.A. 40:55D-52; and
Contains the information reasonably required to make an informed decision for approval of a minor site plan.
The inclination of the surface of land from the horizontal.
Unstable areas of very steep slope with tendency for vertical separation.
Shall mean any premises dedicated as a principal business to display, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia, including providing an area for smoking tobacco products, but excluding any grocery store, supermarket, convenience store or similar retail use that sells tobacco product, shall not be included within the definition of smoke shop. An area for "smoking" shall mean the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter of substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
Slopes greater than 15% to be developed in accordance with Palisades Preservation Overlay District provisions herein.
An establishment engaged in the storage of goods, products or materials primarily for business or industrial purposes.
See "mini-warehouse or self-service storage facility."
See "outdoor storage."
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof above, excluding spaces defined as "half story."
A habitable space that has a stairway as a means of access and egress and in which the ceiling area at a height of seven feet above the attic floor is not more than 1/3 the area of the next floor below.
The dividing line between the street and a lot.
The minimum distance from a public roadway or driveway from which a building may be located. Within a fee simple subdivision, this setback is typically referred to as the front yard setback.
A design term referring to all the elements that constitute the physical makeup of a street and that, as a group, define its character, including building frontage, street paving, street furniture, landscaping, including trees and other plantings, awnings and marquees, signs and lighting.
See "alterations."
A combination of materials to form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water, which includes but is not limited to buildings, stadiums, platforms, towers, sheds, trailers, storage bins, fences, swimming pools and signs. (See also "building.")
See "accessory structure."
See "nonconforming structure."
The workshop of an artist, sculptor, photographer or craftsperson or a place where radio, television or movies are produced. (See also "live/work unit.")
See "facing."
The apron, cone or embankment of rock waste sloping outward from the base of the cliff face that is the course of the rock waste.
A structure constructed on the ground consisting of a playing area of whatever consistency used to engage in the game of tennis or other sports. A backstop, consisting of netting, fencing or similar material and designed to prevent the passage of tennis or other balls, shall be considered to be part of the tennis or sports court.
A building or part of a building devoted to showing motion pictures or for dramatic, dance, musical or other live performances to the public for a fee.
The portion of a slope located above the cliff face, overlain with regolith, and generally known as the plateau or hill crest.
See "dwelling, townhouse."
An area, parcel, site, piece of land or property that is the subject of a development application. (See also "lot" and "parcel.")
A structure which temporarily or permanently stands on wheels and is capable of being towed or hauled by another vehicle and used for temporary or long-term human occupation.
Any tree that has a diameter of 20 or more inches or any tree which is a particularly impressive or unusual example of a species due to the size, shade, age or any other trait that epitomizes the character of the species.
The specific purpose for which land, building or structure is designed or arranged for which it is or may be occupied or maintained.
The authorization by the Zoning Board of Adjustment for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
Shall mean any premises dedicated as a principal business to display, sale, distribution, delivery, offering, furnishing or marketing of electronic smoking devices, liquid nicotine containers or vapor product as defined by N.J.S.A. 26:3D-57, N.J.S.A. 2A:170-51.9a(2), N.J.S.A. 2A:170-51.9a(3) and N.J.S.A. 2A:170-51.9a(4), including an area for vaping. An area for "vaping" shall mean the inhaling or exhaling of smoke or vapor from any electronic smoking device.
An office or hospital where animals are given medical care and the boarding of animals is limited to short-term care incidental to the principal use.
A structure of wood, stone or other materials or combination thereof intended for defense, security, screening or enclosure or for the retention of earth, stone, fill or other materials as in the case of retaining walls.
Includes any opening in the exterior wall or roof of any structure for the purpose of admitting air or light, whether or not covered with glass, plastic, or other covering.
Window area includes the aggregate square footage of all windows on a facade or story of a building regardless of the angle or angles at which they are set. In computing window area, all portions of any door which contains a window shall also be included.
Any personal wireless services as defined in the Telecommunications Act of 1996 which includes FCC-licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone services.
Antenna of any type of design, which is or may be used for the delivery of wireless telecommunications, except for those radio antenna, dish antenna, or satellite receiving stations regulated pursuant to Article VI.
The area which houses any combination of WT equipment.
Any building, structure, or equipment, including, without limitation, transmitters, power sources, or other equipment, except antennas or towers, which are or may be used for the delivery of wireless telecommunications.
Any person, business organization, or other entity of any kind, whether public or private, which seeks to install, operate, or maintain any combination of WT technology within the boundaries of the City of Union City, or which already operates or maintains such WT technology as of the effective date of this chapter.
Collectively, refers to all WT antennas, WT equipment, WT equipment compound and WT towers.
A vertical structure which is or may be used to support any WT antenna or other WT equipment, whether freestanding or attached to any existing structure.
An open space, which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.
A yard extending across the full width of the lot and lying between the front line of the lot and nearest point of the principal building. The depth of the front yard shall be measured at right angles to the front lot line.
A yard extending across the full width of the lot measured from the rear lot lines. The depth of a rear yard shall be measured at right angles to the rear lot line.
A yard between the side line of the lot and the nearest point of the principal building and extending from the front yard to the rear yard or, in the absence of either or both such yards, to the front and/or rear lot line, as the case may be. A corner side yard is the yard extending to a corner side lot line and an interior side yard is the yard extending to an interior side lot line. The width of a side yard shall be measured at right angles to the side line of the lot.
A specifically delineated area as shown on the Official Zoning Map of the City of Union City within which regulations and requirements govern the use, placement, spacing and size of land and buildings.
An alteration of or addition to the text of the Zoning Ordinance or Zoning Map by the City of Union City.
The Zoning Board of Adjustment of the City of Union City.
The map or maps which are part of the Zoning Ordinance as set forth in § 223-35 of this chapter.
The Zoning Officer of the City of Union City.
An approval issued by the Zoning Officer indicating that the proposed construction work or property development conforms to the requirements of this chapter and any resolutions of approval issued by the Planning Board or Zoning Board of Adjustment.