Unless the context clearly indicates the contrary,
the present tense shall include the future; the singular shall include
the plural; the word "lot" shall include the word "plot"; the word
"zone" shall include the word "district"; the word "shall" is always
mandatory and directory; the word "may" is permissive. 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 or erected, reconstructed,
altered, enlarged, moved or rebuilt with the intention or design of
using the same.
Unless otherwise expressly stated, as used in
this chapter, the following terms shall have the meanings indicated:
The relinquishment of property, or a cessation of the use
of the property, by the owner or lessee without any intention of transferring
rights to the property to another owner or of resuming the use of
the property.
See "apartment, accessory."
See "building, accessory."
See "structure, accessory."
See "use, accessory."
An establishment offering as a substantial portion of its
stock in trade books, magazines, publications, video- or audiotapes
or films, or computer disks, computer games, CD Roms and other computer-related
media of an explicitly sexual nature or anatomical genital areas or
establishment devoted to live entertainment or the showing of films
or videos of a sexually explicit nature or anatomical genital areas.
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.
Structures that camouflage or conceal the presence of antennas
or towers.
[Added 8-8-2016 by Ord.
No. O-17-16]
An organization issued a permit pursuant to the "Jake Honig
Compassionate Use Medical "Cannabis Act," P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 et al.) to operate as a medical cannabis cultivator, medical
cannabis manufacturer, medical cannabis dispensary, or clinical registrant,
as well as any alternative treatment center deemed pursuant to section
7 of that act (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis
cultivator permit, a medical cannabis manufacturer permit, and a medical
cannabis dispensary permit.
[Added 7-22-2021 by Ord.
No. O-24-21]
Any machine, contrivance or device which, upon the insertion
of a coin, slug, token, plate, disc or key into a slot, crevice or
other opening by the public generally for use as a game, entertainment
or amusement, whether or not registering a score, and shall include,
without limitation, such devices as marble machines, pinball machines,
skillball, mechanical games or video games, bagatel, mack tables,
ballyhoo devices, high score tables, automatic pool tables, computers,
work stations, computers with modems, and any and all operations,
transactions, mechanical devices similar thereto by whatever names
they may be called.
A place where animals or pets are given medical or surgical
treatment or the boarding of animals, limited to short-term care incidental
to the hospital use.
See "sign, animated."
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
[Added 8-8-2016 by Ord.
No. O-17-16]
An object made in or belonging to earlier times. An antique
item can be valuable because of its scarcity, manufacturer, previous
owners, or nostalgic qualities.
[Added 4-11-2005 by Ord. No. O-11-05]
An independent, self-contained dwelling unit with its own
sleeping, sanitary and cooking facilities in a building containing
more than two such dwelling units or more than one use.
An apartment unit that has been added onto, or created within,
a single-family house.
A residential building of not more than three stories or
35 feet in height containing three or more apartments.
A residential structure containing three or more apartments
which exceeds three stories or 35 feet in height.
A business establishment utilized, wholly or in part, for
the accommodation of six or more amusement games or devices.
A person who for the purpose of this chapter is actively
engaged in the practice of any art and can prove as much to the Zoning
Officer.
A live/work unit occupied by an artist or craftsperson.
That part of a building which is immediately below, and wholly
or partly within, the roof framing.
An establishment servicing automobiles with fuel and oil,
but not including repairs, changing of tires or any other replacement
of accessory parts.
Any establishment primarily engaged in furnishing automobile
repair, service, maintenance, bodywork or painting, but not including
a wrecking, salvage or junkyard. Whenever trucks or heavy equipment
are repaired, even for oil changes, lubrication, minor tune-ups, installation
of batteries, tires, wiper blades and similar minor repairs, the establishment
shall be considered to be a "repair garage."
Any establishment selling motor vehicles, new and used.
Any building, land area or other premises or portion thereof
used primarily or intended to be used for the retail dispensing or
sale of vehicular fuels, and including as an accessory use the furnishing
of supplies and services not requiring extensive or prolonged mechanical
work for installation. Service work offered should be limited to oil
changes, lubrication, minor tune-ups, installation of batteries, tires,
wiper blades and similar equipment, wheel balancing and alignment
and the replacement of minor mechanical parts, such as hoses, spark
plugs, ignition wiring, points, alternators, water pumps and similar
parts not requiring engine or drive-train dismantling.
A retail store whose primary business is the sale of automobile
parts and supplies, which may include up to two repair bays as an
accessory use limited to minor repairs, and the installation of lubricants,
tires, batteries and similar accessories.
Any establishment used for the washing of automobiles.
Any one of the following as defined herein: automobile gasoline
stations, automobile repair garages, automobile sales, automobile
service stations, automobile washes, and automobile supply stores.
A roof-like cover made of canvas or similar material that
projects no more than six feet from the wall of a building for the
purpose of shielding a doorway or window from the elements.
A business establishment authorized to perform financial
transactions such as receiving and lending money.
A bank where transactions are made to customers within an
automobile outside the confines of a building.
An establishment used primarily for the serving of liquor
by the drink to the general public.
A space having 1/2 or more of its floor-to-ceiling height
above the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6Â 1/2 feet.
See "sign, billboard."
An individual other than a member of a family 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 two or more boarders.
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. Solid fencing may be
substituted to meet only part of the requirement and must be supplemented
with planting.
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.
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 "coverage, building."
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof.
See "historic building."
See "setback line."
A building in which is conducted the principal use of the
lot on which it is located.
A retail or wholesale establishment supplying building or
lumber materials primarily to the public.
See "office, general or business."
Establishments primarily engaged in rendering services to
business establishments on a fee or contract basis such as advertising
and mailing, building, plumbing and electrical contracting and maintenance,
equipment, car and truck rental, and leasing.
Any area, lot, parcel, building or structure or part thereof
used primarily for the storage of trucks or buses.
As further described in section 28 of P.L. 2019, c. 153 (N.J.S.A.
24:6I-21), a designated location operated by a licensed cannabis retailer
or permit holder for dispensing medical cannabis, for which both a
state and local endorsement has been obtained, that is either 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
or the dispensing of medical cannabis occurs; or an exterior structure
on the same premises as the cannabis retailer or permit holder, either
separate from or connected to the cannabis retailer or permit holder,
at which cannabis items or medical cannabis either obtained from the
retailer or permit holder, or brought by a person to the consumption
area, may be consumed.
[Added 7-22-2021 by Ord.
No. O-24-21]
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.
[Added 7-22-2021 by Ord.
No. O-24-21]
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.
[Added 7-22-2021 by Ord.
No. O-24-21]
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.
[Added 7-22-2021 by Ord.
No. O-24-21]
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.
[Added 7-22-2021 by Ord.
No. O-24-21]
Any cannabis cultivator, cannabis manufacturer, cannabis
wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery
service.
[Added 7-22-2021 by Ord.
No. O-24-21]
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.
[Added 7-22-2021 by Ord.
No. O-24-21]
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.
[Added 7-22-2021 by Ord.
No. O-24-21]
See "sign, canopy."
A roofed structure providing space for the parking of motor
vehicles on three or less sides.
See "automobile wash."
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground or with a
floor-to-ceiling height of less than 6Â 1/2 feet.
Property used for interring the dead below ground, and including
mausoleums for interring the dead aboveground.
A certificate issued by the Building Inspector upon completion
of the construction of a new building or upon a change in the use
of a building, or upon a change in tenancy or residency, which certifies
that all requirements of these Land Use Regulations, or such adjustments
thereof which have been granted by the municipal agency, and all other
applicable requirements have been complied with.
See "sign, changeable or changeable copy."
An establishment providing for the care, supervision and
protection of children and licensed to the Department of Human Services
pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
See "place of worship."
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 an area within a bar shall be an area
enclosed by solid walls or windows, a ceiling and a solid door equipped
with a ventilation system which is separately exhausted from the nonsmoking
areas of the bar so that air from the smoking areas is not recirculated
to the nonsmoking areas and smoke is not backstreamed to the nonsmoking
areas.
[Added 10-10-2017 by Ord.
No. O-29-17]
A building or group of buildings designed and constructed
for use by civic, charitable, philanthropic, fraternal, trade union
or veterans organizations, but not including dwelling units or residential
facilities. Clubs shall be considered a civic use.
An establishment where patients are admitted for examination
and treatment on an outpatient basis by one or more physicians, dentists,
other medical personnel, psychologists, or social workers and where
patients are not usually lodged overnight, and are treated primarily
through surgical intervention that is not commonly performed in private
medical or dental offices.
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. Clubs shall not be considered
as a semipublic use under the provisions of this chapter. Food, meals
and alcoholic beverages may be served as an incidental and occasional
function of this use, provided that adequate facilities are present
and further provided that all federal, state and municipal laws are
complied with.
Groups of items of a similar type that are acquired and saved
as a hobby. Collectibles typically have no limitation on age or price
(as do antiques).
[Added 4-11-2005 by Ord. No. O-11-05]
A building or group of buildings used for recreational purposes
and operated as a business and open to the public for a fee, including
movie theaters, theaters, bowling alleys and skating or roller rinks,
but excluding amusement arcades, amusement centers or electronic game
centers.
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 homeowners' association organized to own, maintain and
operate common facilities and to enhance and protect their common
interests.
Any one of the following: a community residence for the developmentally
disabled, a community residence for persons with head injuries or
a community shelter for victims of domestic violence, as defined herein.
A community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter
and personal guidance, under such supervision as required to not more
than 15 persons with head injuries, who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to, group homes, halfway houses, supervised apartment
living arrangements and hotels.
A community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11-1 et seq.[1]), 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.
In the case of such community residence housing mentally ill persons,
such residence shall have been approved for a purchase of service
contract or an affiliation agreement pursuant to such procedures as
established by regulation of the Division of Mental Health and Hospitals
of the Department of Human Services.
A residence approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1), providing food, shelter, medical care, legal assistance,
personal guidance, and other service 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 "retail uses, specialty or comparative."
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 this chapter, and upon the issuance of an authorization
therefor by the Planning Board.
See "retail uses, convenience."
See "lot, corner."
An open, unoccupied space bounded on at least two opposing
sides by a building wall, but not a front, side or rear yard. "Courtyards"
shall apply to multifamily low-rise and high-rise buildings only.
The horizontal area measured within the outside of the exterior
walls of the ground floor of all principal and accessory buildings
on a lot expressed as a proportion or percentage of the lot area upon
which it is situated.
The proportion of a lot expressed as a percentage covered
by buildings, structures or materials which prevent the absorption
of stormwater directly into the land below.
A person who is actively engaged in the practice of a craft
and can prove as much to the Building Inspector.
See "street, cul-de-sac or dead-end."
Establishments that document the social and religious structure
and intellectual and artistic manifestations that challenge a society
and include museums, art galleries, theaters for the performing arts,
botanical and zoological gardens, or establishments of national historic,
educational or cultural interest.
The grade of the curb in front of the midpoint of the lot
as established by the City Engineer.
Calendar days.
See "street, cul-de-sac or dead-end."
An uncovered structure, usually constructed of wood, extending
from the exterior wall of a residential dwelling, no more than five
feet above the finished elevation of the wall from which it extends.
[Amended 4-11-2005 by Ord. No. O-11-05]
The permitted number of dwelling units per gross area of
land to be developed.
See "office, medical or dental."
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.
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 this chapter.
See "warehouse and distribution."
See "zone or district."
See "historic district."
Premises constructed for the sale of any goods or services
by means of curb, window-counter, or self-service, whether to the
motoring public or to pedestrians.
See "bank, drive-in."
See "restaurant, drive-in."
See "restaurant, drive-through."
A private roadway providing access to a street or highway.
A two- or three-story building containing three or more separate
dwelling units, each of which occupies only one story.
A building containing three or more dwelling units, occupied
or intended to be occupied by three or more families, each living
independently of each other and with their own sleeping, sanitary
and cooking facilities. A building containing more than two such families
where separation of the units is provided by means of a wall, floor,
door or other type of screen or partition, or with a separate outside
entrance, or basement access, shall be considered a multiple-family
dwelling.
A building physically detached from other buildings or portions
of buildings which is occupied or intended to be occupied for residential
purposes by one family and which has its own sleeping, sanitary and
cooking facilities.
A detached residential building containing three dwelling
units occupied or intended to be occupied by three families each living
independently of each other and with their own sleeping, sanitary
and cooking facilities.
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.
A detached residential building containing two dwelling units
occupied or intended to be occupied by two families each living independently
of each other and with their own sleeping, sanitary and cooking facilities.
A building, or entirely self-contained portion thereof, containing
its own sleeping, sanitary and cooking facilities occupied or intended
to be occupied for residential purposes by one family.
A grant of one or more property rights by the property owner
to and/or for use by the public, a corporation, or another person
or entity.
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, delicatessens, luncheonettes, but excluding drive-in
or drive-through restaurants, and bars or taverns.
See "vocational or technical training school" and "quasi-educational
uses."
An electronic device that can be used to deliver nicotine
or other substances to the person inhaling from the device, including,
but not limited to, an electronic cigarette, cigar, cigarillo, or
pipe.
[Added 10-10-2017 by Ord.
No. O-29-17]
Permission to depart from the design standards contained
in Article ___ of the Land Use Regulations.
The use of a lot or structure at the time of the enactment
of these Land Use Regulations.
The total wall surface, including door and window areas,
of a building's face. Each wall surface shall be considered a separate
"facade."
A group of individuals not necessarily related by blood,
marriage, adoption or guardianship living together in a dwelling unit
as a single housekeeping unit under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability.
A private residence 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.) in which child care
services are provided for a fee to not fewer than three and no more
than five children at any one time for no less than 15 hours per week.
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
The sum of the gross horizontal area of the several floors
of a building or structure from the exterior faces of exterior walls,
or from the center line of a wall separating two buildings, but excluding
any space where the floor-to-ceiling height is less than six feet.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
See "sign, freestanding."
That side of a lot abutting a street; the front lot line.
See "lot line, front."
See "yard, front."
A building used for the preparation of the deceased for burial
and for the display of the deceased and ceremonies connected therewith
before burial or cremation.
A one-story accessory building or part thereof used or intended
to be used for the parking and storage of vehicles.
A structure that is accessory to a residential building and
that is used for the parking and storage of vehicles owned and operated
by the residents thereof and that is not a separate commercial enterprise
available to the general public.
A structure, or portion thereof, used primarily for the parking
and storage of vehicles and available to the general public.
See "automobile repair garage."
See "apartment, garden or low-rise."
A retail establishment providing plants, trees, flowers and
other landscaping and gardening materials primarily to the public,
including plant nurseries.
See "office, general or business."
An establishment utilized or occupied by any department,
commission, independent agency or instrumentality of the United States,
of a state, county, authority, district or other governmental unit,
including the City of Rahway.
See "floor area, gross."
An establishment for the long-term residential care of the
aged and infirm such as nursing homes (as defined in N.J.S.A. 30:13-2)
and residential health care facilities (as defined in N.J.S.A. 30:11A-1).
Substance abuse treatment centers shall not be included within this
definition.
See "manufacturing, heavy."
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
[Added 8-8-2016 by Ord.
No. O-17-16]
See "building, height."
See "apartment, high-rise."
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
An area comprised of one or more historic sites which, when
collectively viewed from the street, are of historic, archaeological,
cultural, scenic or architectural significance.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
archaeological, cultural, scenic or architectural significance.
A customary occupation, excluding a home professional office,
and excluding establishments offering services to the general public,
carried on in a dwelling by the resident thereof as an accessory use
in a residence district. 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 or similar establishment offering services to the general
public. The care of up to two children below the age of five not related
to the resident of the home for a fee shall be considered a home occupation.
A community association, other than a condominium association,
that is organized in a development in which individual owners share
common interests and responsibilities for costs and upkeep of common
open space or facilities.
An occupation within and accessory to a dwelling unit consisting
of the office of a practitioner of a recognized profession such as
a doctor, dentist, engineer, accountant, architect or lawyer if located
in the building in which the professional resides.
A water pipe that is used to smoke tobacco or nontobacco
products by drawing the smoke through water and into an attached hose
for inhalation.
[Added 10-10-2017 by Ord.
No. O-29-17]
Any establishment, including a restaurant or other establishment,
where the principal business is the sale of food for consumption on
the premises, or an area within such establishment, that is designated
specifically for hookah use.
[Added 10-10-2017 by Ord.
No. O-29-17]
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 or osteopathy
in the State of New Jersey. Said institution shall also conform to
the Revised Standards for Hospital Facilities, as adopted by the State
Board of Control of the Department of Health.
See "animal or veterinary hospital."
A facility offering transient lodging accommodations to the
general public and providing additional services such as restaurants,
meeting rooms or recreation facilities.
Any permanent structure that becomes part of, placed upon,
or is affixed to real estate.
See "off-site improvement."
See "sign, integral roof."
See "lot, interior."
A lot or structure, or part thereof, used primarily for the
collecting, storage and sale of wastepaper, rags, scrap metal or discarded
material or for the collection, dismantling, storage and salvaging
of machinery and/or two or more motor vehicles.
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.
See "manufacturing, light."
An apartment designed to provide space in which to conduct
a business or trade, including offices, studios, crafts workshop area
or laboratory space.
See "off-street loading."
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 and shall be expressed in terms of square
feet. Any portion of a lot included in a street right-of-way shall
not be included in calculating lot area.
A parcel of land at the junction of and fronting on two or
more intersecting streets. For the purpose of regulating the locations
of buildings on corner lots, and on lots extending through between
two parallel streets, all portions of a corner lot or a through lot
which front on a public street shall be subject to the front yard
requirements of the zone district in which said corner lot or through
lot is located.
[Amended 4-11-2005 by Ord. No. O-11-05; 10-9-2018 by Ord. No. O-18-18]
The average measured distance of a line drawn from the street
line to the rear lot line at right angles to the front property line.
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 greater frontage of a corner lot is its depth, and
its lesser frontage is its width.
A lot other than a corner lot.
The boundary line of a parcel of land as shown on a certified
filed map or as defined by a field map, or both. A lot line shall
not be considered unless legally subdivided.
The lot line separating a lot from a street right-of-way.
The lot line opposite and most distant from the front lot
line. In the case of 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.
Any lot line other than a front or rear lot line.
See "nonconforming lot."
A lot which fronts upon two parallel streets, or which fronts
upon two streets which do not intersect at the boundaries of the lot.
The distance between side lot lines measured along the front
lot line. In the case where side lines are parallel and not perpendicular
to the front line or where side lines are parallel and the front line
is irregular or the arc of a circle, the width shall be the perpendicular
distance between the side lines. In the case where side lines converge
toward or away from the front line, the width shall be measured along
a line parallel to the front lot line drawn at a distance equal to
the required minimum setback.
See "apartment, garden or low-rise."
See "building supply or lumberyard."
An establishment engaged in the transformation of substances
into new products, including assembling, converting, altering, finishing
of component parts or the manufacture of products and the blending
of materials of a heavy nature, including but not limited to metal,
concrete, plastic and spiritous liquor, petrochemicals and heavy machinery.
An establishment engaged in the transformation of substances
into new products, including assembling, converting, altering, finishing
of component parts or the manufacture of products and the blending
of materials of a light nature, including paper, wood or food products
and light machinery.
A facility for storing, servicing, fueling, berthing and
securing of boats and retail facilities for owners, crews and guests.
Any permanent roof-like structure projecting beyond a building
or wall of a building, generally designed and constructed to provide
protection from the weather.
See "sign, marquee."
Any establishment or operation wherein massage, bodywork
or somatic therapies are administered or are permitted to be administered,
when such therapies are administered for any form of consideration.
[Added 8-10-1998 by Ord. No. O-39-98]
See "office, medical and dental."
See "funeral parlor or mortuary."
A facility offering transient lodging accommodations to the
general public containing six or more rooms, with the majority of
all rooms having direct access to the outside without the necessity
of passing through the main lobby of the building.
See "dwelling, multifamily or multiple-family."
A business establishment, whether or not offering liquor
to its customers, which includes an area in which patrons may dance
occupying 5% or more of gross floor area; and live entertainment,
not including entertainment by three or fewer musicians, but including
entertainment by what is commonly termed a "disc jockey." Entertainment
by dancers are not permitted in nightclubs.
[Added 4-11-2005 by Ord. No. O-11-05]
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.
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 reason of such adoption, revision or amendment.
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 reason of such adoption, revision or amendment.
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.
A room or group of rooms used for conducting the offices
of business, service, or commerce.
See "home professional office."
The office of medical practitioners, including but not limited
to doctors, dentists, dental surgeons, veterinarians, chiropractors,
podiatrists, psychologists, and licensed therapists.
The office of a recognized professional, including but not
limited to an accountant, attorney at law, architect, and engineer.
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.
Parking for a motor vehicle not located on a dedicated street
right-of-way.
Any parcel or area of land or water essentially improved
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."
Equipment or structures commonly used outdoors for active
or passive recreation such as benches, gazebos, swings, jungle gyms,
sandboxes, aboveground swimming pools and the like.
The keeping in an unenclosed area of any goods, junk, material,
merchandise or vehicles in the same place continuously for a period
of more than 24 hours.
A zoning district that encompasses one or more underlying
zones and that imposes additional requirements above that required
by the underlying zone.
A contiguous lot or tract of land owned and recorded as the
property of the same persons or controlled by a single entity.
A tract of land designated and used by the public for active
and passive recreation.
See "garage, parking."
See "public parking lot."
See "off-street parking."
A space for the parking of a motor vehicle within a public
or private parking area.
A building or structure consisting of more than one level
and used to store motor vehicles.
A level, landscaped or surfaced area directly adjacent to
a principal building at or within five feet of finished grade and
not covered by a permanent roof. A patio shall be considered as an
accessory structure.
A security acceptable to the City of Rahway to assure that
improvements required as part of an application for development will
be satisfactorily completed.
A set of criteria or limits relating to certain characteristics
that a particular use or process may not exceed.
See "use, permitted."
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, diaper service, beauty
shops, barbershops, shoe repair, health clubs, clothing rental, domestic
services and nail salons.
[Amended 4-11-2005 by Ord. No. O-11-05]
See "civic and philanthropic use."
An establishment engaged in the manufacture of materials
or products solely for the purposes of research or testing, excluding
full production activities.
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.
An area of a minimum contiguous size, as specified in this
chapter, to be planned, developed, operated and maintained according
to plan as a single entity and containing one or more structures with
appurtenant common areas.
The officially appointed Planning Board of the City of Rahway,
New Jersey.
A roofed open area which may be screened, usually attached
to or part of and with direct access to and from a building. A porch
which is attached to a principal building shall meet the setbacks
required for principal buildings and shall count towards the maximum
floor area ratio, building coverage and impervious lot coverage requirements
of the zone in which it is located.
See "sign, portable."
See "use, preexisting."
See "building, principal."
See "use, principal."
See "street, private."
See "office, professional."
An extension of a building which protrudes or juts out from
the vertical plane of the building not more than two feet.
See "sign, projecting."
A lot, parcel or tract of land together with the building
and structures located thereon.
Contribution required of a developer, as a condition for
approval of a subdivision or site plan, to pay the pro rata share
of the cost of providing only reasonable and necessary street improvements
and water, sewerage and drainage facilities, and easements thereof,
located off-tract but necessitated or required by construction or
improvements within such subdivision or development.
[Added 5-14-2001 by Ord. No. O-26-01]
See "garage, public."
Property owned, leased or otherwise controlled by the City
of Rahway, the City of Rahway Board of Education, or the County of
Union or any agency or subdivision thereof.
[Added 8-8-2016 by Ord.
No. O-17-16]
A parking lot open to the public for a fee.
Any land, structure or buildings used by the general public
constructed by a governmental entity, including but not limited to
assembly buildings such as auditoriums, libraries, and meeting halls;
business, administrative, offices or recreation buildings, or public
works buildings. Parking lots owned and operated by the Rahway Parking
Utility shall be considered a public use.
[Amended 12-13-2021 by Ord. No. O-45-21]
See "utility, public or private."
Educational or training establishments for the instruction
of language, dance, fine or applied arts, martial arts, business or
computers.
See "lot line, rear."
See "yard, rear."
See "outdoor recreational equipment."
A place designed and equipped for the conduct of sports and
leisure time activities.
See "commercial recreation facility."
See "garage, repair."
See "yard, required."
An establishment or other facility for carrying on investigation
in the natural, physical or social sciences, which may include engineering
and product development.
A home, abode or place where an individual or household is
actually living at a specific point in time.
See "health care facility, residential."
See "sign, residential."
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.
The term "restaurant" shall exclude those with plenary retail consumption
licenses, unless specifically noted in this chapter.
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, on the premises.
An establishment where food or drink is served to a customer
in an automobile outside the confines of a building for consumption
off the premises.
A retail establishment providing goods and services required
to meet the daily needs of residents such as supermarkets, food stores,
liquor stores, bakeries, drugstores, laundry and dry-cleaning establishments,
video stores, and newsstands.
A retail establishment providing durable or household goods
such as antique stores, optician, gift stores, clothing and shoe stores,
toy stores, jewelry stores, sports and outdoor equipment stores, bicycle
stores, furniture, hobby stores, photographic stores, electronic,
appliance and computer stores, pet stores, stationary and office supply
stores, and record and book stores. Even though certain establishments,
including but not limited to hardware, paint, glass, tile and wallpaper
stores do a substantial portion of their business with contractors,
provided they sell primarily to the public, shall be included in this
definition.
A strip of land acquired by reservation, dedication, forced
dedication, prescription, or condemnation and intended to be occupied
by a road, crosswalk, railroad, electric transmission lines, oil or
gas pipeline, water line, sanitary storm sewer, and other similar
uses.
See "street line or right-of-way line."
See "sign, roof."
See "boardinghouse or rooming house."
See "dwelling, townhouse or row house."
See "junkyard or salvage yard."
A parabolic or dish-shaped antenna or any other apparatus
or device that is designed for the purpose of receiving radio waves.
Any building or group of buildings, the use of which meets
requirements for primary, secondary or higher education, licensed
by the Board of Education of the State of New Jersey.
See "vocational or technical training school."
A method of visually shielding or obscuring one abutting
or nearby structure or use from another by fencing, walls, berms or
densely planted vegetation.
A structure containing separate, individual and private storage
spaces of varying sizes leased or rented on individual lease for varying
periods of time.
The minimum 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.
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.
A tree, usually deciduous, planted primarily for overhead
canopy.
A small, fully enclosed structure for storage.
A group of retail establishments planned, constructed and
managed as a total entity, with customer and employee parking provided
on-site, provision for the delivery of goods separated from customer
access, aesthetic considerations and protection from the elements,
and landscaping and signage in accordance with an approved plan.
See "yard, side."
See "lot line, side."
Any device, fixture, placard, or structure that uses any
color, form, graphic, illumination, symbol, or writing to advertise,
announce the purpose of, or identify the purpose of a person or entity,
or to communicate information of any kind to the public.
Any sign that uses movement or change of lighting to depict
action or create a special effect or scene.
A sign that directs attention to a business, commodity, service
or entertainment conducted, offered or sold at a location other than
the premises on which the sign is located.
Any sign attached to any part of a building, as contrasted
to a freestanding sign.
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. A marquee is not a canopy.
A sign or portion thereof with characters, letters, or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign. A sign on which the message changes more than
eight times per day shall be considered an animated sign and not a
changeable copy sign for purposes of this chapter. A sign on which
the only copy that changes is an electronic or mechanical indication
of time or temperature shall be considered a "time and temperature"
portion of a sign and not a changeable copy sign for purposes of this
chapter.
Any sign supported by structures or supports that are placed
on, or anchored in, the ground and that are independent from any building
or other structure.
A sign, generally informational, that has a purpose secondary
to the use of the zone 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
zone lot on which the sign is located shall be considered incidental.
Any sign erected or constructed as an integral or essentially
integral part of a normal roof structure of any design, such that
no part of the sign extends vertically above the highest portion of
the roof and such that no part of the sign is separated from the rest
of the roof by a space of more than six inches.
Any sign attached to, in any manner, or made a part of a
marquee.
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 said vehicle is used in the normal day-to-day
operations of the business.
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than six inches beyond the surface of
such building or wall.
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 to all requirements
of this chapter.
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.
A sign that is suspended from the underside of a horizontal
plane surface and is supported by such surface.
Any sign that is used only temporarily and is not permanently
mounted.
Any sign attached parallel to, but within six inches of,
a wall, painted on the wall surface of, or erected and confined within
the limits of an outside wall of any building or structure, which
is supported by such wall or building, and which displays only one
sign surface.
Any sign, pictures, symbol, or combination thereof, designed
to communicate information about an activity, business, commodity,
event, sale, or service, that is placed inside a window or upon the
window panes or glass and is visible from the exterior of the window.
See "dwelling, single-family."
Any premises dedicated to the display, sale, distribution,
delivery, offering, furnishing, or marketing of tobacco, tobacco products,
tobacco paraphernalia or electronic smoking devices; provided, however,
that any grocery store, supermarket, convenience store or similar
retail use that only sells conventional cigars, cigarettes, tobacco
or electronic smoking devices as an ancillary sale shall not be defined
as a "smoke shop and tobacco store."
[Added 10-10-2017 by Ord.
No. O-29-17]
An establishment that offers more than one health or beauty
treatment service, including but not limited to hair, nail, skin,
aroma acupressure, or massage treatment or therapy by licensed professionals.
[Added 12-8-2014 by Ord.
No. O-37-14]
See "retail uses, specialty or comparative."
An establishment engaged in the storage of goods, products
or materials primarily for business or industrial purposes.
See "self-service storage facility."
A space in a building between the top surface of any floor
and the upper surface of the floor next above or, if there is no floor
next above, then the space between such floor and the roof above.
Underground space shall be considered a "story" when the upper surface
of the floor next above is more than six feet above the adjacent ground
elevation at any point.
The distance or width located on both sides of a stream or
watercourse, which has been dedicated, deeded or granted by easement
to any government agency for a stream right-of-way or which has been
indicated in an officially adopted stream improvement program.
Any public thoroughfare, including that portion or width
in right-of-way which has been dedicated or deeded to the public for
public use, which may or may not be improved in accordance with city
standards. The word "street" shall include the words "road," "highway,"
"avenue" or similar designations. Improved streets shall contain paving,
sewers and sanitary, as well as necessary storm sewers, curbs and
sidewalks.
A street with a single common ingress and egress and with
a turnaround at the end.
That line determining the limit of the highway rights of
the public, either existing or contemplated.
A street that has not been accepted by the City of Rahway
or other governmental entity.
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 "historic streetscape."
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.
A structure detached from a principal building located on
the same lot and customarily incidental and subordinate to the principal
building or use.
See "nonconforming structure."
See "parking structure."
A facility established for the primary purpose of treatment,
maintenance, counseling, rehabilitation, or housing of persons addicted
to narcotics, drugs or alcohol, or having narcotic, drug or alcohol
related problems, including without limitations any methadone maintenance
center, narcotic, drug or alcohol treatment center, facility or clinic,
or any narcotic, drug or alcohol halfway house.
A retail establishment primarily selling food as well as
other convenience and household goods under one roof.
See "sign, suspended."
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.
A swimming pool located as an accessory use on the same lot
as the principal use it serves, is utilized only by the owner or tenants
or his or their nonpaying guests and is not operated for profit.
A swimming pool open to the general public or open to members
only of a club or organization, whether operated for profit or not.
The use of any building, land area or premises for the parking,
storage or standing of automobiles or other vehicles that carry passengers
for a fare.
See "vocational or technical training school."
See "sign, temporary."
A building or part of a building devoted to showing motion
pictures or for dramatic, dance, musical or other live performances.
See "lot, through."
A structure that is intended to send and/or receive radio,
television and other forms of wireless electronic communication.
See "dwelling, townhouse or row house."
An area, parcel, site, piece of land or property that is
the subject of a development application.
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.
See "bus or truck depot."
An area and building where trucks load and unload cargo and
freight and where the cargo and freight may be broken down or aggregated
into smaller or larger loads for transfer to other vehicles or modes
of transportation.
See "dwelling, two-family residential."
See "dwelling unit."
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot as the principal use.
See "conditional use."
A use of a building or land that conforms with the provisions
of these Land Use Regulations.
The lawful use of a lot or structure existing prior to the
time of the enactment of the Land Use Regulations.
The primary or predominant use of any lot or parcel.
See "public use."
Any installation owned or operated by a public or private
utility for the generation, transmission and/or distribution of electricity,
gas, heat, steam, communications and water; and the collection and
treatment of sewage and solid waste.
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.
Permission to depart from the literal requirements of a zoning
ordinance other than submission requirements (see "waiver") or design
requirements (see "exception").
Any indoor establishment that contains six or more amusement
games or devices of any description for the public amusement, patronage
or recreation.
A secondary or higher educational facility primarily teaching
usable skills that prepare students for jobs in a trade and meeting
the state requirements as a vocational facility.
Permission to depart from the submission requirements of
this chapter.
See "sign, wall."
An establishment used primarily for the storage of goods,
products, cargo and materials and/or which receives, stores or distributes
such goods or materials by boat, rail, air or motor vehicle.
An establishment or place of business engaged in the storage
and selling of merchandise for or to retailers, to industrial, commercial,
institutional or professional business users or to other wholesalers,
or acting as agents or brokers and buying merchandise for or selling
merchandise to such individuals or companies. This shall exclude lumberyards,
building supply and garden supply centers engaged in sales of such
materials primarily to the public.
See "sign, window."
An open space that lies between the principal building or
buildings and the nearest lot line. The minimum required yard as set
forth in this chapter is unoccupied and unobstructed from the ground
upward except as may be specifically provided in this chapter.
The shortest distance between a lot line and a yard line.
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at the closest point to the front lot line.
A space extending the full width of the lot between any building
and the rear lot line and measured perpendicular to the building at
the closest point to the rear lot line.
The open space between the lot line and the yard line within
which no structure shall be located except as provided in this chapter.
A space extending from the front yard to the rear yard between
the principal building and the side lot line and measured perpendicular
from the side lot line to the closest point of the principal building.
A specifically delineated area as shown on the Official Zoning
Map of the City of Rahway within which uniform regulations and requirements
govern the use, placement, spacing and size of land and buildings.
See "overlay zone."
The map or maps which are part of this chapter and which
delineate the boundaries of the zone and overlay zones.
The administrative officer of the City of Rahway designated
to administer this chapter.
[1]
Editor's Note: N.J.S.A. 30:11-1 et seq. was repealed by L.2010,
c. 50, § 84, effective 11-14-2010.
