ABUTTING COUNTY ROAD - Any existing or proposed county road shown on the adopted County Master Plan or Official Map which adjoins or lies within a lot or parcel of land submitted for subdivision or site plan approval.
ACCESS - A physical entrance to property.
ACCESSORY BUILDING. STRUCTURE OR USE - A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith.
ADMINISTRATIVE OFFICER - The Zoning Officer, Construction Code Official, Historic Preservation Specialist or other municipal official designated by ordinance by the City of Jersey City.
AIR RIGHTS - The interest in the use of the space above the land or above structures or improvements affixed to the land.
AISLE - The traveled way by which cars enter and depart parking spaces.
ALLEY -- A minor way which is used primarily for vehicular access to the back or the side of properties otherwise abutting a street.
ALTERATION OR ADDITIONS, STRUCTURAL - Any additions, change or rearrangement in the sup- porting members of a building such as walls, foundations, columns, beams, girders, posts or piers; or additions to or enlargements of an existing structure requiring walls, foundations, columns, beams, girders, posts or piers; or the moving from one location or position to another. Within historic districts, any addition, change or modification, for a building, structure, object, site or landscape feature or the service equipment thereof, that affects safety, health or structure and the addition, change or modification of which is not classified as a minor alteration or ordinary repair.
ALTERATION, MINOR - Replacement or renewal of existing work, requiring a permit, of a building, structure, object, site or landscape feature or part of the service equipment therein, within the same or equivalent materials or equipment parts, that are made in the ordinary course of maintenance and that do not in anyway affect health, fire or structural safety of the building, structure, object, site or landscape feature or affect the design or integrity of the historic fabric of the building, structure, object, site or landscape feature.
AMBULATORY CARE FACILITY - A health care facility or a distinct part of a health care facility which provides preventive, diagnostic and treatment services to persons who come to the facility to receive services and depart from the facility on the same day. The facility shall not be open before 5:00 AM nor after midnight.
APARTMENT - One or more rooms comprising a dwelling unit in a multifamily dwelling or serving as the home or residence of an individual or a family or a household. "Apartments" may include buildings in cooperative or condominium ownership.
APPLICANT - A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by ordinance for approval of a subdivision plan, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A 40:55D-34 and/or N.J.S.A. 40:55D-36.
APPURTENANCE - Any accessory or subordinate building, abject or structure or landscape feature.
ARCHITECTURA L - Relating or conforming to the rules of architecture; having or conceived of as having a single unified overall design, form or structure.
AREA - A specific geographic division of the City of Jersey City.
ARTIST - For the purposes of the WALDO, a person regularly engaged in the fine arts as a career and not as a hobby and is so certified by the Planning Board. This does not mean that the art the artist creates generates the artist's main source of income, nor does it require that the creation of art occupies the greatest portion of the artist's day. An "artist" is committed to his or her work, has a body of work that demonstrates the development of that art and intends to pursue that work for the foreseeable future. As used herein, the "fine arts" shall include, but not be limited to, painting, sculpture, choreography and the composition of music.
ASSISTED LIVING RESIDENCE - A facility which is licensed by the State Department of Health to provide apartment style housing and congregate dining and to assure that assisted living services are avail- able when needed for four or more adult persons unrelated to the proprietor. Apartment units offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. A coordinated array of supportive personal and health services available twenty-four (24) hours a day are usually provided.
ASSOCIATION - The entity responsible for the administration of a condominium, which entity may be incorporated or unincorporated.
ATTIC - The open non-habitable space between the ceiling beams of the top habitable story and the roof rafters in any building.
AUTOMATIC AMUSEMENT DEVICE ARCADE - Any place or business except a bar, as defined in this section, having four or more automatic amusement devices, available for use or hire by the public re- gardless of any other business conducted within such place of business.
AUTO BODY SHOP - An establishment primarily engaged in repairing or customizing automotive vehicles including the painting of automotive vehicles and may include the replacement, repair and/or tinting of automotive vehicle glass.
AUTO REPAIR - Any building, premises, and land in which or upon which a business, service, or industry involving the maintenance, servicing, repair of vehicles, but no painting or body repair.
AUTO SALES - The use of any building, land area, or other premise for the display and sale of new or used automobiles generally but may include light trucks or vans, trailers, or recreation vehicles and including any vehicle preparation or repair work conducted as an accessory use.
AWNING - An angled, flexible cover used for the purpose of shielding a doorway or window from the elements and may be periodically retracted into the face of the building.
BALCONY- A roofless platform that projects beyond the Wad, of a building, is surrounded by a railing, balustrade, or parapet, and is suspended from and supported solely by the principal structure, with no additional independent supports
**Webmasters Note: The previous definition has been added as per Ordinance No. 06-131.
BAR - A place of business for the sale and on-premises consumption of alcoholic beverages.
BASEMENT -- A portion of the building partly underground, but having less than one-half of its clear height below average contact grade around the periphery of the foundation.
BED AND BREAKFAST -Overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. The owner of a dwelling resides on the premises and guest stays are limited to fourteen (14) consecutive days.
BEDROCK -- Continuous solid rock that underlies regolith.
BICYCLE LANE - A lane at the edge of a roadway reserved and marked for the exclusive use of bicycles.
BICYCLE PATH - A pathway, often paved and separated from streets and sidewalks, designed to be used by bicycles.
BILLBOARD - An off-site sign advertising an occupant, product or service pertaining to a lot other than the lot upon which the billboard is located.
BOARD - The City of Jersey City Planning Board, Zoning Board of Adjustment or City Council when acting within its scope of its jurisdiction under this Chapter and/or the Act.
BOARD OF ADJUSTMENT - The board established pursuant to N.J.S.A. 40:55D-69.
BOARDER - A person other than a member of a family occupying a part of any dwelling unit who, for a consideration, is furnished sleeping accommodations in such dwelling unit and may be famished meals as part of this consideration.
BOARDINGHOUSE - A building, other than a hotel, motel or group home, occupied by more than one person not living together as a family unit where meals may be served to occupants, including a rooming house and single room occupancy unit and that is governed by the "Rooming and Boarding House Act of 1979", N.J.S.A. 55:13B-1 et seq.
BUFFER - A strip of land containing planted screening materials and/or fencing used to physically separate and screen one use or property from another so as to minimize adverse impacts. No building, structure, parking area, driveway (except to provide access to the property and which is perpendicular to the buffer area) street, sign (except directional sign) or storage of materials shall be permitted in such buffer.
BUILDING - A combination of materials to form a structure adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING COVERAGE - The ratio of the horizontal area of all principal and accessory buildings measured from the exterior surface of the exterior walls of the ground floor on a lot to the total lot area. "Building coverage" expressed as a percentage shall mean the percentage of a lot or assemblage of lots occupied by one or more buildings.
BUILDING ENVELOPE -The two-dimensional space within which a principal structure is permitted to be built on a lot and which is defmed by minimum yard setbacks.
BUILDING LINE - A fine parallel to the street line or other lot line which touches that part of a building closest to the street line or other lot line. In the case of a cantilevered section of a building, the building line will coincide with the most projected surface.
BULKHEAD - (1) A boxlike structure on the roof of a building covering a stairwell or mechanical equipment; (2) A low wall, sometimes paneled, beneath a storefront display window.
BUSINESS, TECHNICAL AND ARTS SCHOOLS - An institution offering training without academic programs.
CANOPY - A metal wood or fabric roof-like shelter with or without support poles permanently affixed and perpendicular to the wall of an entrance of a building used for providing overhead protection froze the weather and shall be construed to be a part of the building to which it is affixed.
CAPABLE OF EARNING A REASONABLE RETURN - Having the capacity, under reasonable, efficient and prudent management, of earning a reasonable return. The net annual return yielded by an improvement parcel during the test year shall be presumed to be the earning capacity of such improvement parcel, in the absence of substantial ground for a contrary determination by the Historic Preservation Commission.
CAPITAL IMPROVEMENT - A governmental acquisition of real property or governmental construction project. .
CAPITAL IMPROVEMENT PROGRAM - A timetable or schedule of all future capital improvements to be carried out during a specific period and listed in order of priority, and may also include cost estimates and the anticipated means of financing each project.
CAR WASH, AUTOMATIC - A building or place of business where the washing of motor vehicles is carried on with the use of a chain or conveyor, blower and water and/or steam cleaning device.
CAR WASH, HAND WASH - A vehicle washing that does not include mechanized automatic washing.
CAR WASH, ROLL OVER - A car wash in which the vehicle remains stationary while automatic washing occurs.
CARPORT - A roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.
CARTWAY -The hard or paved area of a street between the curbs, including travel lanes and parking areas but not including curbs, sidewalks or swales.
CELLAR - A portion of the building having one-half or more than one-half of its clear height below average contract grade around the periphery of the foundation.
CEMETERY - Any site which contains at least one burial, marked or previously marked, dedicated to and used or intended to be used for the permanent internment of the human dead, to include perpetual-care and non-perpetual-care cemeteries, even though suffering neglect or abuse.
CERTIFICATE OF APPROPRIATENESS - A document attesting that proposed work within a historic district or affecting a landmark building, structure, object, site or landscape feature has been reviewed and deemed appropriate and consistent with the purpose of this Chapter by the Jersey City Historic Preservation Commission.
CERTIFICATE OF NO EFFECT - A document attesting that proposed work within a historic district or affecting a landmark building, structure, object, site or landscape feature has been reviewed by the Historic Preservation Officer and the Division of City Planning and is not detrimental to the historic district or landmark on which the work is to be done or neighboring buildings, structures, objects, sites or landscape features.
CERTIFICATE OF OCCUPANCY (CO) - A document issued by the Construction Official allowing the occupancy or use of a building or structure and certifying that the building or structure or use has been constructed and/or renovated according to, and in compliance with all the applicable state codes and municipal ordinances and resolutions.
CHANGE OF USE - (1) Any change from a designated permitted principal use in any zone district to another designated permitted principal use or to any non permitted use and/or any change from any non permitted use to another non permitted use or to any designated permitted principal use. (2) Any change of use where there is significant change in impacts including traffic, parking, stormwater management, generation of solid waste or recyclable materials, noise, odors, other impacts regulated by performance standards.
CHILD CARE CENTER - An establishment providing for the care, supervision, and protection of children that is licensed by the State of New Jersey pursuant to P.L 1983, c. 492 (C. 30:5B-1 et seq.).
CITY - City of Jersey City, Hudson County, New Jersey.
CITY COUNCIL - The chief legislative body of the City of Jersey City.
CLIFF FACE - A sheer, nearly vertical slope of exposed bedrock.
CLUSTER - A group of cultural resources with compatible buildings, objects or structures geographically or thematically relating to and reinforcing one another through design, setting, materials, workmanship, congruency and association.
COLOCATION - Use of a common wireless telecommunication tower or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement or a wireless telecommunication tower on a structure owned or operated by a utility or other public entity.
COMMON PROPERTY - A parcel or parcels of land, together with the improvements thereon, in which the ownership, use and enjoyment of the same are shared by the owners and tenants of the individual dwelling units in the development.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED - Any community residential facility licensed pursuant to P.L 1977, c. 448 (C. 30:118-1 et seq.) providing food, shelter, and personal guidance, under such supervision as required, to not more than fifteen (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, half-way houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act" (P.L.1971, c.136; c. 26:2H-1 et seq.). In the case of such community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services.
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES - A community residential facility licensed pursuant to P.L 1977, c. 448 providing food, shelter and personal guidance, under such supervision as required, to not more than fifteen (15) persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," 1971, c. 136.
COMMUNITY RESIDENCE FOR THE TERMINALLY ILL - Any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, for not more than fifteen (15) terminally ill persons.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE - Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, C. 337 (C. 30:14-1 et seq.) providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than fifteen (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.
COMPATIBLE PROPERTY - A resource in a historic district or cluster distinguished by its scale, material, compositional treatment and other features that provide the setting for more important resources and add to the character of the scene.
COMPLETE APPLICATION - Any and all materials required by this Chapter to review any application for development (application form, affidavit of ownership, boundary descriptions, plat maps in accordance with ordinance specifications, etc.)
CONDOMINIUM - The form of ownership of real property under a master deed pursuant to N.J.S.A. 46:88-1 et seq.
CONFERENCE CENTER - A facility used for conferences and seminars, which may include accommodations for sleeping, food preparation and eating, recreation, resource facilities and meeting rooms.
CONFIGURATION - Number, shape, organization and relationship of parts of windows, doors and storefronts including panes of glass, panels, sash, frame, muntins, mullions and transoms.
CONDITIONAL USE - A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location and operation of such use as contained in the zoning ordinance and upon the issuance of an authorization therefore by the Reviewing Board.
CONSTRUCTION - The erection of a new principal or accessory building or structure on a lot or property; alterations and the act of creating an addition to an existing building or structure.
CONSTRUCTION OFFICIAL - The Construction Official of the City of Jersey City.
CONTRIBUTING PROPERTY - A resource in a historic district or cluster that contributes to the district's or clusters historical significance through location, design, setting, materials, workmanship, feeling and association and which shall be afforded the same considerations as landmarks.
CONTINUING CARE RETIREMENT COMMUNITY -The provisions of lodging and nursing, medical or other health related services at the same or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year, including mutually terminable contracts, and in consideration of the payment of an entrance fee with or without other periodic charges. A fee which is less than the sum of the regular periodic charges for one year of residency is not considered an entrance fee.
CONVENTIONAL - Development other than planned development.
CONTIGUOUS PARCELS - Tracts Mind which share one or more common boundaries.
CORNICE - Projecting ornamental molding along the top of a building, wall or storefront.
COUNTY MASTER PLAN - A composite of the plan elements for the physical development of Hudson County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board.
COUNTY PLANNING BOARD - The Hudson County Planning Board
CULTURAL - Activities or acts related to the past or present social and material traits of a group or groups of people.
CURB CUT (DROP CURB) - The opening along the curb line at which point vehicles may enter or leave the roadway.
CUT AND FILL - The excavating of rock fragments and mineral grains, including soil, in one place and depositing of it as fill in adjacent place.
CREDITABLE SQUARE FOOT - A term used in providing a basis for bonuses for buildings and those areas improved by the owners beyond those required by any city ordinance anal are accessible, unobstructed, improved, usable areas for their intended purpose.
CYBERHOTELS/TECHOTELS/SERVERFARMS/TELECOMMUNICATION CENTERS -Businesses that are equipment oriented generating relatively low employment often located in high security windowless buildings. These uses are infrastructure dependent with high electricity and telecommunications INFRA- requirements.
DAYS - Calendar days.
DATA CENTERS - Businesses engaging in operating, maintaining or providing access to facilities for the transmission of data, text or voice between network termination points. It may be based on single technology or a combination of technologies and generally generate higher employment densities than cyber hotels.
DEAD-END STREET - A street or portion of a street which is accessible by a single means of ingress or egress.
DECK - A raised accessory structure more than 1 feet above finished grade, supported by either pillars or posts, and not covered by a permanent roof.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 06-131.
DEMOLITION - Within a historic district, the dismantling or razing of all or part of a landmark building, structure, object, site or landscape feature including interior spaces and all operations incidental thereto.
DENSITY - The permitted number of dwelling units per gross area of land to be developed.
DESIGNATED REPRESENTATIVE - That person or office so named by the Reviewing Board to dispense, receive and classify any development applications.
DETACHED SINGLE-FAMILY - A dwelling for one family that is not attached to any other dwelling by any means which is occupied or is intended to be occupied for residence purposes by one housekeeping unit.
DEVELOPER - The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENT - The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; any mining, excavation, landfill or land disturbances and any use, change in use or extension of use of land for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
DIRECTOR, DIVISION OF CITY PLANNING - The person holding the above title, or the acting director during an interim period of filling the position, or such other licensed professional planner on the staff of the Division of City Planning who has received written authority from the Director to carry out specified duties on behalf of the Director.
DISTRICT - A geographically definable area, possessing a significant concentration, linkage or continuity of buildings, objects, sites, structures or landscape features united by past events or aesthetically by plan or physical development which may also comprise individual elements separated geographically but thematically linked by association or history.
DORMITORY - A building to provide sleeping and riving accommodations with sanitary and general living facilities designed and used to accommodate students of a university or college.
DRAINANGE The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction, or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen non-point pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY - The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
DRIVEWAY - A paved or unpaved area used for ingress or egress of vehicles and allowing access from a street to a lot, building or other structure or facility.
DWELLING - A building that is designed or used exclusively as the living quarters for one or more housekeeping units.
DWELLING UNIT - A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The "dwelling unit" shall be self-contained and shall not require the use of outside stairs, passing through another dwelling unit or other indirect route to get to any portion of the dwelling unit, nor shall one dwelling unit require shared facilities with another dwelling unit.
ECONOMIC RETURN -- A profit from use of a building, object, site or structure that accrues from investment or labor.
EFFECT -A change in the quality of the historical, architectural, archaeological or cultural significance of a resource or in the characteristics that qualify the resource as historically important.
EFFECT, ADVERSE - A negative change in the quality of the historical, architectural, archaeological or cultural significance of a landmark or historic district or in the characteristics of a landmark or historic district that are historically important.
EMBANKMENT - A man-made or natural deposit of soil, rock or other materials.
ENVIRONMENTAL COMMISSION -A municipal advisory body created pursuant to P.L. 1968, c. 245 (C. 40:56A-1 et seq.).
ESSENTIAL SERVICES - Services and utilities needed for the health, safety, and general welfare of the community, such as underground, surface, or overhead electrical, gas, telephone, steam, water, sewerage, and other utilities and the equipment and appurtenances necessary for such system to furnish an adequate level of service for the area in which it is located.
EXISTING ARCHITECTURAL FEATURES - The architectural features existing at the time of designa- tion or architectural features which have been changed subsequent to designation pursuant to a Certificate of Appropriateness/No Effect issued by the Commission.
EXISTING GRADE - The vertical location of the ground surface at any given point prior to excavating or filling.
FAMILY - A group of individuals not necessarily related by blood, marriage, adoption, or guardianship riving 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.
FAMILY DAY CARE HOME - Any private residence approved by the Division of Youth and Family Services or an organization with which the division contracts for family day care in which child care services are regularly provided to no less than three and no more than five children for no less than fifteen (15) hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving childcare services:
A. The child being cared for is legally related to the provider, or
B. The child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.
FENCE - A barrier intended to prevent escape or intrusion or to mark a boundary.
FENCE LINE - The established line of existing fences on a street, more or less parallel to the curb line. The fence line may be within the public right-of-way.
FINAL APPROVAL - The official action of the Planning Board taken on a preliminarily approved major subdivision or site plan after ail conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their com- pletion, or approval conditioned upon the posting of such guarantees.
FINAL PLAN - The final map of all or a portion of the subdivision which is presented to the Planning Board for approval in accordance with these regulations and which, if approved, shall be filed with the county recording officer.
FINANCIAL INSTITUTION - Any structure wherein business of primarily a monetary nature is transacted, such as banks, savings and loan associations, mortgage companies and similar institutions.
FINISH - The visual characteristics, including color, texture and reflectivity of all exterior materials.
FLOOR AREA RATIO - The ratio of gross floor area to the lot area.
FOOTCANDLE - A unit for measuring illumination equaling the amount of direct light on a surface.
FRONTAGE - See LOT, FRONTAGE.
GARAGE, PARKING - Buildings used exclusively for the parking or storing of motor vehicles and in which services limited to washing, polishing and other cleaning services may be provided.
GARAGE, PRIVATE - An accessory building or structure, or portion of a main building or structure, for the parking of passenger motor vehicles and in which no occupation, business or services for profit is conducted
GOVERNING BODY - The City Council of the City of Jersey City.
GOVERNMENT AGENCY - Any department, commission, independent agency or instrumentality of the United States, the State of New Jersey, and/or any county, municipal or other governmental unit.
GOVERNMENTAL USES - Public institutions and uses, such as schools, community centers and government-owned or operated buildings, structures or land used for public purposes, not including houses of worship.
GROSS FLOOR AREA - In residences, shall be measured by using the outside dimension of the building. Only those portions of floor areas in residential structures which are at or above grade and have a ceiling height above them of seven and one-half feet or more or those floor areas on the top story which meet the definitions of a half story shall be included in the "gross floor area." In non residential structures, the "gross floor area" of any use sharing a common wall with another use shall be measured from the center of interior walls and the outside of exterior walls.
HEIGHT OF BUILDING - Measured to the highest point of the roof from the mean elevation of the finished grade from all exterior walls.
HISTORIC - A building, structure, object, site or landscape feature having a degree of significance or importance over or at a period of time.
HISTORIC ARCHITECTURAL FEATURES - Architectural features installed or built at the rime of construction of the building; architectural features of a type installed or built at the time of construction of similar buildings in similar periods and styles; or architectural features installed or built at the time of a major faade alteration thirty (30) or more years ago.
HISTORIC/CULTURAL RESOURCE - Those buildings, objects, sites, structures or landscape features of historical, cultural, architectural or archaeological importance and the demolition, destruction or alteration of which would constitute an irreplaceable loss to the quality and character of Jersey City; inventoried interior spaces designed or intended to be occupied as part of the structure or which are accessible to the public; such buildings, objects, sites, structures or landscape features, their appurtenances and the property on which they are located are considered historic as defined in this Chapter.
HISTORIC DISTRICT - An area defined as a historic district by City Council, state or federal authority and which may contain within definable geographic boundaries one or more landmarks or clusters, including their accessory buildings, fences and other appurtenances, and natural resoutces having historical, cultural and archaeological significance and which district may have within its boundaries other buildings or structures, that while not of such historical, cultural, architectural or archaeological significance as to be designated landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the district.
HISTORIC PRESERVATION COMMISSION - The Jersey City Historic Preservation Commission. Also referred to as the "Commission."
HISTORIC SITE - 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.
HOME OCCUPATION - An occupation or activity carried out for gain by a resident and conducted as a customary, incidental and accessory use in the resident's dwelling unit or accessory structure located on the lot.
HOSPITAL - An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.
HOTEL -- A building designed for occupancy as the more or less temporary place of abode for individuals who are lodged with or without meals, in which there are ten (10) or more guest rooms or suites and in which there may be kitchens in any individual room or suite. [Amended 3-12-2008 by Ord. No. 08-024]
**Webmasters Note: The previous definition has been amended as per Ordinance No. 08-024.
HOUSEKEEPING UNIT - One or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
HOUSE OF WORSHIP - A building used for the assembly of members of a designated faith for religious instruction and worship of a deity such as a church, synagogue, mosque or temple.
IMPROVEMENT PARCEL - A unit of real property that includes a landmark designated under this Chapter and is treated as a single entity for the purpose of levying real estate taxes within the historic district.
INCUBATOR - A place, often in an office type environment, where services and assistance are provided to new businesses and light industries. Incubators are often affiliated with a school or university, which provide access to instruction, advice, research facilities, or funding. Shared services often provided include: photocopying, bookkeeping, utilities, and building maintenance and management. Sharing of services provides greater economies of scale for the incubator.
INDUSTRIAL PARK - An areas wherein one or more buildings are erected for industrial purposes in relation to one another as part of an integrated and comprehensively planned total unit, whether or not the buildings are erected simultaneously or over a period of time.
INFILL HOUSING - The construction of a housing unit that resembles in proportion, scale, height, style and bulk the adjacent dwelling units.
INTRUSION - A building, object, site, structure or landscape feature which detracts from a landmark, historic districtor cluster its incompatibility with the historic districts or cluster's sense of time and place and historical development; or its incompatibility of scale, height, materials, texture or color, or whose integrity has been irretrievably lost.
INVENTORY - A systematic listing of cultural, historical, architectural or archaeological resources prepared by the city, state or federal government or a recognized local historic authority, following standards set forth by federal, state and city regulations for evaluation of cultural properties.
JUNKYARD - Any area, lot, land or parcel with or without structures used for the storage, collection, processing, purchase, sale, salvage or disposal of scrap, waste, reclaimable material or debris.
LAND - Including improvements and fixtures on, above or below the surface.
LAND AREA - The area contained within the lot lines of a lot, not including any portion of a street rightof-way.
LANDMARK - Any building, object, site, structure or landscape feature, any part of which is fifty (50) years old or older, which has a special character or special historic or aesthetic interest or value as part of the development, heritage or cultural characteristics of the city, state or nation and which has been designated as a "landmark" pursuant to the provisions of this Chapter.
LANDSCAPE FEATURE - Any grade, body of water, stream, rock, plant, shrub, tree, path, walkway, road, plaza, fountain, wall, sculpture or other form of natural or artificial landscaping.
LAUNDROMAT - An establishment providing washing and drying machines on the premises for rental use to the general public and may include drop off dry cleaning with an attendant as an accessory use.
LOADING SPACE - An off street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading with fifteen (15) feet of ver tical clearance.
LONG TERM CARE FACILITY/NURSING FACILITY/NURSING HOME - A facility that is licensed by the Department of Health to provide health care under medical supervision and continuous nursing care for twenty-four (24) or more consecutive hours to two or more patients who do not require the degree of care and treatment which a hospital provides and who, because of their physical or mental condition, require continuous nursing care and services above the level of room and board.
LOT - A tract or parcel of land abutting a street, but not including any portion of a street, which tract or parcel of land is legally separate from any other tract or parcel of land. Contiguous undersized lots under ownership are considered one "'lot."
LOT AREA - The total area within the lot lines of a lot but not including any street rights-of-way.
LOT CONSOLIDATION - An action by the Reviewing Board eliminating lot lines from contiguous lots.
LOT, CORNER - A lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection is less than one hundred thirty-five (135) degrees.
LOT, COVERAGE -The square footage or other area measurements by which ail buildings and paved surfaces occupy a lot as measured on a horizontal plane around the periphery of the foundations and paved areas, and including the areas under the roof of any structure.
LOT DEPTH The shortest horizontal distance between the street line and a line drawn parallel to the street line through the midpoint of the rear lot line. The greatest dimension on a corner lot is its "depth."
LOT FRONTAGE - The horizontal distance between side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width except that where side lot lines are not parallel or where the lot fronts a street with a curved alignment with an outside radius of less than five hundred (500) feet, the minimum distance between the side lot lines measured at the street line shall not be less than seventy-five percent (75%) of the required width, in the case of a corer lot, either street frontage that meets the minimum frontage required for that zone may be considered the "lot frontage."
LOT, INTERIOR - A lot other than a corner lot.
LOT, THROUGH - A lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot.
LOT LINE - Any line forming a portion of the exterior boundary of a lot and the same line as the street line for that portion of lot abutting a street. "Lot lines" extend vertically in both directions from ground level.
LOT LINE, FRONT - The lot line separating a lot from a street right-of-way, also referred to as a "street line." In the case of comer lots, the front lot line shall be the street line with lesser frontage. In the case of through lots, the front lot line shall be the line on which the primary entrance of the principal building faces.
LOT LINE, REAR - The lot line opposite and most distant from the front lot line, or the point at which the side lot lines meet.
LOT LINE, SIDE - Any lot line other than a front or rear lot line.
LOT WIDTH - The straight and horizontal distance between side lot lines at setback points on each side lot line measured an equal distance back from the street line. The minimum "lot width" shall be measured at the minimum required building setback line.
MAINTENANCE GUARANTEE - Any security which may be accepted by a municipality for the maintenance of any improvements required by the Municipal Land Use Law, including but not limited to surety bonds and letters of credit under the circumstances specified in Section 16 of P.L.1991, c. 256 (C. 40:55D53.5), and cash.
MAJOR SUBDIVISION - Any subdivision not classified as a minor subdivision.
MAJOR SUBDIVISION - Any subdivison not classified as a minor subdivison.
MARQUEE - A metal rooflike, permanent structure often containing a signboard that projects from the wall of a building, over an entrance to a theatre or other building.
MATCH - Either an exact or an approximate replication. If not an exact replication, the approximate replication shall be so designed as to achieve a harmonious result which exhibits tile color, texture and dimensions of the original feature(s).
MAYOR - The chief executive of the City.
MEDICAL OFFICE - A professional office where the services of one or more practitioner can be obtained and where patients are studied or treated on an outpatient basis and where no overnight accommodations are provided.
MINOR SITE PLAN - Any application that does not meet the threshold for major site plan review and contains the following: (1) conversions, reconstruction, alterations or renovations of storefronts; (2) wireless communication antennas.
MINOR SUBDIVISION - Any subdivision containing four lots or less and which does not involve; a planned development; any new street; or the extension of any oil tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42. Any lot or remaining land approved as a minor subdivision shall not be submitted as a minor subdivision within five years from the date of approval as a minor subdi vision. Such lot or tract may be submitted as a major subdivision.
MOBILE HOME - A dwelling unit manufactured in one or more sections, designed for long-term occupancy; containing living and sleeping accommodations, a flush toilet, a tub or shower, bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems; and designed to be transported after fabrication on its own wheels, or on flatbed or other trailers, arriving at the site where it is to be occupied as a dwelling complete, usually including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations. Travel trailers and campers are not considered "mobile homes."
MONUMENT SIGNS - A sign which the entire bottom is in contract with or is close to the ground and is independent of any other structure.
MULTI-FAMILY - A building containing three or more dwelling units that share common horizontal and vertical separations.
MUNICIPALITY - City of Jersey City.
MLUL - The Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
MUNICIPAL AGENCY - The Planning Board, Board of Adjustment or the City Council when acting pursuant to the Municipal Land Use Law.
MUNICIPAL RESIDENT - A person who is domiciled in Jersey City.
MUNTINS - In windows, doors and storefronts, framing members that subdivide a glazed area into individual panes, lights or panels.
NARCOTIC AND DRUG ABUSE TREATMENT CENTER - Any licensed institution, facility, place, building or agency which supplies care, treatment, services, maintenance, accommodation or board, or any of these services in a group setting primarily or exclusively for individuals having any type of habitation, dependency or addiction to the use of any kind of controlled substance, alcohol, narcotic drug or other type of drug; and which provides guidance, supervision and personal services which enable the drug user, dependent or addict to move into independent living in normal surroundings, but does not provide those services that can be rendered only by a physician or within the confines of a hospital, and does not provide a permanent residence but only a temporary one.
NAMEPLATE - A sign located on the premises, giving the name or addresses or both of the owner or occupant of a building or premises.
NET ANNUAL RETURN - The amount by which earned income yielded by the improvement parcel during a test year exceeds the operating expenses of such parcel, including mortgage interest and amortization.
NIGHTCLUB - An establishment dispensing liquor and meals and/or in which music, dancing, or entertainment is conducted.
NONCONFORMING BUILDING OR STRUCTURE - A building or structure which, in its location upon a lot or in its size, does not conform to the regulations of this Chapter for the district in which it is located.
NONCONFORMING LOT - A lot of record which does not have the minimum width, frontage or depth or contain the minimum area for the district in which it is located.
NONCONFORMING USE - A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to confonn to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONTRIBUTING - A building, object, site or structure which neither adds to nor detracts from, a historic district's or cluster's sense of time and place and historical development.
NOTICE TO PROCEED - A document attesting that an emergency situation exists, as certified by the Building or Zoning/Administrative Officer, requiring an immediate issuance of a building permit or other permit to commence to stabilize, secure, repair or protect a landmark building, structure, object, site or landscape
NURSING FACILITY/NURSING HOME - See Long Term Care Facility.
OBJECT - An "object" is a material thing of functional, aesthetic, cultural, historical, archaeological or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.
OCCUPATIONS - Gainful employment in which an individual engages to earn compensation.
OFFICE - A place for the transaction of business where reports are prepared, records are kept and services rendered, but where no retail sales are offered and where no manufacturing, assembly or fabricating takes place.
OFFICIAL MAP - A map adopted by ordinance which shall be deemed to be conclusive with respect to the location and width of streets, public parks and playgrounds, and drainage rights-of-way shown thereon (N.JS.A. 40:SOD-32).
ON-SITE - Located on the lot in question and excluding any abutting street or right-of-way.
ON-TRACT - Located on the property that is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE - Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off street parking and other improvements that are designed to be incidental to the natural openness of the land.
ORDINARY REPAIRS - Replacement or renewal of existing fabric of a landmark building or a structure, site, object or landscape feature within a historic district or of parts of the service equipment therein, with the same material or equipment parts, that are made in the ordinary course of maintenance and that do not in any way affect health, fire or structure safety of the landmark building, structure, site, object or land scape feature; or do not affect the design or integrity of the historic fabric of the landmark building, structure, object, site or landscape feature.
OWNER - An individual, firm, association, syndicate, copartnership or corporation having sufficient propriety interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this Chapter.
PARKING SPACE - An accommodation for the parking of one licensed vehicle.
PARLOR FLOOR - The first floor above grade in a dwelling with a basement.
PATIO - A level, surfaced area at or within one and one-half feet of the finished grade, not covered by a permanent roof. It may be of wood or masonry construction.
PERFORMANCE GUARANTEE - Any security that may be accepted by a municipality to assure that improvements required as part of an application for development will be satisfactorily completed.
PERMITTED USE - Any use of land or buildings as permitted by this Chapter.
PERSON - A corporation, company, association, society, firm, partnership or joint-stock company, as well as an individual, the state and all political subdivisions of the state or any agency or instrumentality thereof.
PLANNING BOARD - The Jersey City planning board established pursuant to the N.J.S.A. (C. 40:55 D-23).
PLAT - A map or maps of a subdivision.
PLAZA -An open area for the general public's use and which is designed for pedestrian access from the street level(s) which it abuts and which may have improved surfacing, sitting areas and landscaping.
PORCH - A roofed open area, which may be screened and is attached to or part of a principal structure.
PREDOMINANT FRONTYARD SETBACK - The most frequently occurring setback on the block frontage.
PRELIMINARY APPROVAL - Confer on the applicant the following rights for a three-year period from the date of preliminary approval (N.J.S.A. 40:55D-46);
A. That the general terms and conditions on which the preliminary approval was granted shall not be changed.
B. That the applicant may submit for final approval on or before the expiration of this three-year period.
PRELIMINARY PLAT -The preliminary map indicating the proposed layout of the subdivision which is submitted to the Reviewing Board for approval.
PRIMARY BUILDING FACADE - The finished exterior wall of the building facing the front lot line, exclusive of projecting accessory structures including decks, porches, balconies, fencing, stoops, and/or stairs.
**Webmasters Note: The previous definition has been added as per Ordinance No. 06-131.
PRINCIPAL BUILDING - A building in which the principal use of the lot is conducted.
PRINCIPAL FACADE - (1) A facade facing a street or a public thoroughfare; or (2) a facade that does not face a street or public thoroughfare, but that possesses architectural features which contribute to the special historic, cultural and aesthetic character of the building or the historic district.
PRINCIPAL USE - The main use of land or structures as distinguished from an accessory use.
PROFESSIONAL REVIEW -Technical review of applications for development by staff or retained consultants, who are considered competent and prepared by virtue of their expertise, training, education and/or licensure to undertake such review for the land use boards of the City of Jersey City. All professional review shall take place under the supervision of New Jersey licensed professional planners, engineers, architects, landscape architects or surveyors.
PUBLIC AREAS -Public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.
PUBLIC UTILITY - Any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to C. 45:2-13.
QUORUM - A majority of the full authorized membership of a municipal agency.
REASONABLE RETURN - A net annual return of twelve percent (12%) of the current valuation of an improvement parcel.
RECONSTRUCTION - The act or process of reassembling, reproducing or replacing by new construction the form, detail and appearance of a property and its setting as it appeared at a particular period of time by means of the removal of later work, or by the replacement of missing earlier work or by reuse of original materials for historical preservation purposes.
REGOLITH - The noncemented rock fragments and mineral grains, including soil, which overlie bedrock.
REHABILITATION -- The act or process of returning a building, object, site, structure or landscape feature to a state of utility through repair, remodeling or alteration that makes possible an efficient contemporary use while preserving those portions or features of the building, object, site or structure that are significant to its historical, architectural and cultural values for historical preservation purposes.
RELOCATION Any change of the location of a building, object, site, structure or landscape feature in its present setting or to another setting.
RESOURCE - A collection of buildings, objects, sites, structures, landscape features or areas that exemplify the cultural, social, economic, political, archaeological or architectural history of the nation, state or city.
RESTAURANT - Any establishment, however designated, at which food is sold for consumption on premises, normally to patrons seated within an enclosed building. However, a snack bar at a public or community playground, playfield, park, or swimming pool operated solely by the agency or group operating the recreation facilities, and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.
RESTAURANT, CATEGORY ONE - A restaurant which is designed for and whose primary function and operation is the preparation and service by employees of meals to a customer or customers seated at the table at which the meal is consumed A category one restaurant operates without substantial carry-out service; with no delivery service; with no drive-thru, drive-in, or service in vehicles; and without service at counters or bars unless the restaurant is licensed to serve alcoholic beverages.
RESTAURANT, CATEGORY TWO -A restaurant whose primary function is the preparation and service by employees of food or drink to customers as part of an operation designed to include substantial carry-out service; delivery service; self=service, and which may also include on premises consumption, except that no drive-in, drive-thru, or service in vehicles is permitted.
RESTAURANT, CATEGORY THREE - A restaurant whose primary function is the preparation and service by employees of food or drink to customers as part of an operation which may be designed with carryout service; delivery service; self-service; on premise consumption; or customer pickup service utilizing a vehicular drive-thru.
RESTAURANT, DRIVE-IN - An establishment where the majority of the patrons purchase food, soft drinks, ice cream, and similar confections for takeout or consumption on the premises but outside the confines of the principal building, or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.
RESTORATION - The act or process of accurately recovering the form and details of a building, object, site or structure and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
RETAIL SALES - An establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
RETAIL SERVICES - An establishment providing services, as opposed to products, to the general public for personal or household use.
ROOMING HOUSE - A dwelling unit wherein three or more rooms are rented for sleeping purposes but where no cooking facilities are available and no meals are served.
SANITARY LANDFILL - The means by which refuse is deposited, compacted and covered with clean fill and meeting all the standards of the State of New Jersey and the City of Jersey City and the Hackensack Meadowlands Development Commission in the areas of their jurisdiction.
SASH - The part of a window which holds the glazing in place. A sash may be operable or fixed, and may be subdivided with muntins.
SCHOOL - An institution of academic education which is designed, constructed or used for education of students up to and through the secondary level.
SECONDARY FACADE - A faade that does not face a street or a public thoroughfare and that does not possess significant architectural features.
SENIOR HOUSING - Housing that is located and designed to meet the special needs and accommodate the changing living arrangements of an elderly population.
SERVICE STATION - A place where motor fuel, lubricants and miscellaneous accessories for motor vehicles are sold and dispensed and where services are rendered for engine and mechanical repairs, but where no automobile painting and bodywork are done and where no junked or unregistered motor vehicles are kept or stored Service stations may also include retail sales of food and sundry items of convenience to the general public and roll over car washes.
SETBACK LINE - A line drawn parallel to a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or the lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.
SIDE SLOPE - The section of a hill that is below the Talus Slope and generally of moderate or lesser gradient that the Talus Slope or cliff face.
SIGHT TRIANGLE - The area outside the right-of way which is bounded by intersecting street lines and the straight line connecting sight points, one each located on the two intersecting street center lines, the following distance away from the intersecting center lines: primary and secondary arterial streets at one hundred (100) feet; major and minor collector streets at sixty (60) feet; and local streets at forty (40) feet. Where the intersecting streets are both arterial, both collectors or one arterial and one collector, two overlapping sight triangles shall be required, formed by connecting the sight points noted above with a sight point forty (40) feet on the intersecting street. The classification of streets shall be those in the Master Plan of the Jersey City.
SIGN - Any device, fixture, placard or structure that uses color, form, picture, display, graphic, illumination, symbol or writing to advertise, attract attention to, announce the purpose of, or identify a person, entity or thing, or to communicate any information to the public.
SIGN, BANNER - Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. National flags, flags of political subdivision and symbolic flags of political subdivisions and symbolic flags of any institutions or business shall not be considered banners.
SIGN, BUILDING - Any sign attached below the reefline to any part of a building, as contrasted to a freestanding sign. Building signs include wall signs, window signs, and canopy signs.
SIGN, CANOPY - Any sign on, or attached to, an awning, marquee, or canopy.
SIGN, FREESTANDING -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.
SIGN, HANGING/BLADE - A sign that is wholly or partly dependent upon a building for support and that projects perpendicular more than twelve (12) inches from such building.
SIGN, WALL - Any sign attached parallel to, but within six inches of a wall, painted on the wall surface, 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 and may be made of a fabric material.
SIGN, WINDOW - Any sign that is placed within a window or upon the window panes or glass and is visible from the exterior of the window.
SINGLE ROOM OCCUPANCY - A housing type consisting of one room, often with cooking facilities and with private or shared bathroom facilities.
SITE - Any plot or parcel of land or combination of contiguous lots or parcels of land. Within historic districts, a site is the location of a significant event, a prehistoric or historic occupation or activity, or a building, structure, object or landscape feature, whether standing, ruined or vanished, where the location itself maintains historical, cultural, architectural or archaeological value regardless of the value of any existing structure.
SITE PLAN REVIEW - The examination of the specific development plans for a lot as per N.J.S.A. 40:55D-37 et seq.
SOIL CONSERVATION DISTRICT - The Hudson-Essex-Passaic Soil Conservation District.
SOIL EROSION AND SEDIMENT CONTROL PLAN - A plan which indicates necessary land treatment measures, including a schedule for installations, which will effectively minimize soil erosion and sedimentation. Such measures shall be at least equivalent to the standards and specifications as adopted by the Hudson-Essex-Passaic Soil Conservation District.
STABILIZATION - The act or process of applying measures designed to reestablish a weather-resistant enclosure and the structural stability of an unsafe or deteriorated building, object, site, structure or landscape feature while maintaining the essential form as it exists at present.
STEEP SLOPE - Shall be defined as an area in which the change in elevation is in excess of thirty percent (30%).
STORY - That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it and including those basements used for the principal use.
STORY, HALF - A space under a sloping roof that has the line of intersection of the roof decking and wall face not more than three feet above the top floor level and in which space the possible floor area with a headroom of five feet or less occupies at least forty percent (40%) of the total floor area of the story directly beneath.
STREET -- A street, avenue, boulevard, road, parkway, viaduct, drive or other way:
A. Which is an existing state, county or municipal roadway; or
B. Which is shown upon a plat heretofore approved pursuant to law; or
C. Which is approved by official action as provided by this Chapter; or
D. Which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET LINE - The edge of the street right-of-way forming the dividing line between the street and a lot.
STRUCTURE - A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
SUBDIVIDER -Any individual, firm, association, syndicate, company, partnership, corporation, trust or other legal entity commencing proceedings under this Chapter to effect a subdivision of land for himself or herself or for another.
SUBDIVISION - The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development The following shall not be considered subdivisions within the meaning of this Chapter, if no new streets are created:
A. Divisions of properly by testamentary or intestate provisions.
B. Divisions of property upon court order, including but not limited to judgments of foreclosure.
C. Consolidation of existing lots by deed or other recorded instrument.
D. The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons, and all of which are found and certified by the administrative officer to conform to the requirements of the Municipal Development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or Atlas of the City.
SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. Fonthe purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
SUBSTANTIAL REHABILITATION OR ALTERATION OF A HISTORIC FACADE - Alteration or rehabilitation of fifty percent (54%) or more of any faade along a public right-of-way within a designated historic district.
TALUS SLOPE - A slope formed by accumulation of debris at the bottom of a cliff.
TENANT'S PARCEL - That portion of a lot leased or used by an occupant in some manner other than fee simple. For purposes of this Chapter, "tenant's parcels" shall provide sufficient area, dimensions and configurations to meet the standards of a lot for the district its which it is located.
TEST YEAR - As determined by the applicant to be the most recent full calendar year or the owner's most recent fiscal year, or any twelve (12) consecutive months ending not more than one year prior to the filing of an application for a certificate of hardship.
THEMATIC GROUP - A finite group of resources related to one another in a clearly distinguishable way by association with a single historic person, event or development force, as one building type or use, as designed by a single architect, as a single archaeological site form or as a particular set of archaeological research.
TOP OF CLIFF - The portion of a bill located above the cliff face, overlain with regolith, generally the plateau or hill crest.
TOWNHOUSE -- A residential building in which each building has its own front and rear access to the outside and is separated from adjacent buildings only by vertical fire-resistant building walls. A townhouse building may contain one to four dwelling units in accordance with the density standard of the particular zoning district in which such property is situated. [Amended 6-11-2008 by Ord. No. 08-079]
**Webmasters Note: The previous definition has been amended as per Ordinance No. 08-079.
TRANSCRIPT - A typed or printed verbatim record of the proceedings or reproduction thereof.
TRANSOM - A small window above a door or other window.
TWO-FAMILY - A building on a single lot containing two dwelling units, each of which is separated from the other by an unpierced wall extending from ground to roof or an unpierced vertical and horizontal ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
UNUSUAL AND COMPELLING CIRCUMSTANCES - Those uncommon and extremely rare instances, factually detailed, which would warrant the Historic Preservation Commission action due to the evidence presented
USE, PRINCIPAL - The main or primary activity of any lot or parcel.
UTILITY -- Water, sewerage, telephone, gas or electric service from a private or public utility company under the regulations of the New Jersey Board of Public Utilities.
VALUATION OF IMPROVEMENT PARCEL - The current assessed valuation established by the city, which is in effect at the time of the filing of an application for a certificate of hardship. The Commission may make a finding that the valuation of the improvement parcel is an amount different from such assessed valuation ifthere has been a bona fide sale of such parcel or a comparable parcel since the last property valuation at a readily ascertainable price.
VARIANCE - Permission to depart from the literal requirements of the zoning ordinance as per N.J.S.A. 40:55D-70(d).
VEHICULAR SALES AREA - An open area, other than a right-of-way or public parking area, used for display, sale or rental of new or used vehicles in operable condition and where no repair work is done.
VISTA - A view through or along an avenue, street or opening which as a view corridor frames, highlights or accentuates a prominent building, object, site, structure, scene or panorama, or patterns or rhythms of buildings, structures, objects, sites or landscape features; to include views of areas at a distance.
WALL - A solid, vertical structure of wood, masonry or other material serving to enclose, divide or protect an area.
WHOLESALE SALES AND SERVICES - Establishments or places of business primarily engaged in selling merchandise to retailers; industrial, commercial, institutional or professional business users; other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
WIRELESS COMMUNICATION ANTENNAS - Devices which are used for the transmission and reception of wave frequencies for the purposes of any wireless telecommunication (e.g., telephone, radio, paging, and/or television communication) and which are permitted as either second principal uses on existing structures or as "conditional uses" on a tower, in accordance with the specified zoning conditions and standards for their location and operation set forth in this Chapter. Wireless Communication Antennas shall not be considered to be a "public utility."
WIRELESS TELECOMMUNICATION TOWER - A freestanding vertical structure designed to support one or more wireless telecommunication antennas, including monopoles, guyed towers, lathce towers and similar structures.
WORK/LIVE ARTIST STUDIO - A single, enclosed, private space of nine hundred (900) square feet or more, where at least one-half of the volume of the total space is devoted to work space for the creation, display and sale or art, and the remainder is used for living purposes. A minimum of one hundred fifty (150) square feet of living space per person occupying such work/living space shall be required. Nothing in this definition shall prohibit the use and occupancy of a "work/live artist studio" in a setting where shared kitchen and/or bath facilities are available, provided that applicable health and safety codes are met and maintained.
WORK/LIVE UNIT - A single, enclosed, private space of at least twelve hundred ('1200) square feet, within a building that is designed to accommodate the two distinct functions of the living and working environment of residents who are creative in their professional work at home. This accommodation shall occur through the provision of appropriate ceiling heights, spatial arrangement, ventilation, sound attenuation and such other design considerations appropriate to a shared living and working environment; and the space/unit must also meet all appropriate codes for residential occupancy. Not more than one-half of the area of the total space may be dedicated to work space for the use of a person or persons engaged in a profession or other occupation in a business office setting. The remaining area within the space must be used for residential purposes and the person engaged in the profession or occupation must reside within the premises. Not more than two (2) full time or fu!! time equivalent employees not residing within the premises may be employed. The professions and occupations shall include:
Computer or information technology.
Computer graphics and computer aided design.
The graphic arts.
The offices of architects, planners, lawyers, accountants and other business professions.
Similar business occupations as determined by the Planning Board.
Industrial uses, heavy commercial uses and other uses that may create or produce toxic or noxious fumes, smoke, odors, hazardous discharges, glare, electromagnetic disturbances, radiation, dust or waste, undue noise or vibration, or other objectionable features that are detrimental to the public health, safety or general welfare, or that are damaging to the physical environment are prohibited.
**Webmasters Note: The previous definition has been added as per Ordinance No. 05-052.
YARD - An open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in the ordinance shall be unoccupied and unobstructed from the ground upward except as may be specifically provided in the zoning ordinance.
YARD, FRONT - An open space extending across the full width of the lot and lying between the street fine and the closest point of any building on the lot. The depth of the "front yard" shall be measured horizontally and at right angles to either a straight street line or the point of tangent of curved street lines. The minimum required "front yard" sliall be the same as the required setback.
YARD, REAR - An open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the "rear yard" shall be measured horizontally and at right angles to either a straight rear lot line or the point of tangent of curved rear lot lines. The minimum required "rear yard" shall be the same as the required setback.
YARD, SIDE - An open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required "side yard" shall be measured horizontally and at right angles to either a straight side line or the point of tangent of curved side lot lines. The minimum required "side yard" shall be the same as the required setback.
ZONING PERMIT - A document signed by the Zoning Officer.
A. Which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or buildings.
B. Which acknowledges that such use, structures or buildings comply with the provisions of the City Zoning Ordinance or variance therefore duly authorized by the appropriate agency of the City pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
CAFRA PLANNING MAP means the geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.
CAFRA CENTERS, CORES OR NODES means those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.
COMBINED SEWER SYSTEM means a system that consists of a single conduit that collects and transports domestic sewage and industrial wastewater, along with stormwater runoff.
COMPACTION means the increase in soil bulk density.
CORE means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY means an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
A.county planning agency; or
A.county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT means the New Jersey Department of Environmental Protection.
DESIGNATED CENTER means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DESIGN ENGINEER means a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DEVELOPMENT means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, 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, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-l et seq. In the case of development of agricultural lands, development means: any activity that requires a State permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.
DRAINAGE AREA means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
ENVIRONMENTALLY CRITICAL AREAS means an area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Departments Landscape Project as approved by the Departments Endangered and Nongame Species Program.
EMPOWERMENT NEIGHBORHOOD means a neighborhood designated by the Urban Coordinating Council in consultation and conjunction with the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
EROSION means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION is the process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT means any development that provides for ultimately disturbing one or more acres of land or placement or replacement of one quarter acre or more of impervious cover. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
MUNICIPALITY means any city, borough, town, township, or village.
NODE means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
POLLUTANT means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. Pollutant includes both hazardous and nonhazardous pollutants.
RECHARGE means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
SEDIMENT means solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SEPARATE SEWER SYSTEM means a system in which the sanitary and storm sewer systems are not interconnected. In this system, the sanitary sewer system is tributary to a wastewater treatment facility, and the storm sewer system discharges directly to the receiving waters.
SITE means the lot or lots upon which a major development is to occur or has occurred.
SOIL means all unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PAL) means an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the states future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP is defined as the geographic application of the State Development and Redevelopment Plans goals and statewide policies, and the official map of these goals and policies.
STORMWATER means water resulting from precipitation (including rain and snow) that runs off the lands surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER RUNOFF means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
STORMWATER MANAGEMENT BASIN means an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE means any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.
TIDAL FLOOD HAZARD AREA means a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD means a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES means a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
URBAN REDEVELOPMENT AREA is defined as previously developed portions of areas:
(1) Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
(2) Designated as CAFRA Centers, Cores or Nodes;
(3) Designated as Urban Enterprise Zones; and
(4) Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATERS OF THE STATE means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS OR WETLAND means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.