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 in accordance with Chapter 1 of Title 58 of the Revised Statutes.
FINAL PLAT - The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations, and which if approved shall be filed with the proper County Recording Officer.
LOT - A parcel or portion of land separated from other parcels or portions by description as on a subdivision or record of survey map or by metes and bounds for purpose of sale, lease or separate use.
MAJOR SUBDIVISION - All subdivisions not classified as minor subdivisions.
MASTER PLAN - A composite of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the Planning Board.
MINOR SUBDIVISIONS - Any subdivision containing adjoining lots, tracts or parcels, all of which front on an existing imp-roved state, county or municipal street, and having an aggregate frontage on said state, county or municipal street, of not more than two hundred fifty (250) feet, provided:
A. That such subdivision does not involve any new street or the extension or improvement of an existing street or municipal utility as verified by the City Engineer,
B. That it does not adversely affect adjoining property, or
C. That it is not in conflict with any provision or portion of the master plan, official map or zoning ordinance.
OFFICIAL MAP - A map adopted in accordance with the Official Map and Building Permit Act, Chapter 434 of the Laws of 1953, or any prior act authorizing such adoption. Such map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds, and drainage right-of-way shown thereon.
OWNER - Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PERFORMANCE GUARANTY - Any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other approving body approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements.
PLAT - The map of a subdivision.
PRELIMINARY PLAT - The preliminary map indicating the proposed layout of the subdivision which is submitted to the City Clerk for Planning Board consideration and tentative approval and meeting the requirements of § 34-10 of this chapter.
SKETCH PLAT - The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of § 34-9 of this chapter.
STREET - Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action or a street or way on a plat duly filed and recorded in the office of the County Recording Officer 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, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter streets shall be classified as follows:
A. ARTERIAL STREETS - Those which are used primarily for fast or heavy traffic.
B. COLLATERAL STREETS - Those which carry traffic from minor streets to the major system of arterial streets including the principal entrance streets of a residential development and streets for circulation within such a development.
C. MINOR STREETS - Those which are used primarily for access to the abutting properties.
D. MARGINAL ACCESS STREETS - Streets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties and protection from through traffic.
E. ALLEYS - Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
SUBDIVIDER - Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to affect a subdivision of land hereunder for himself or for another.
SUBDIVISION COMMITTEE - A committee of at least three (3) Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter, and such other duties relating to land subdivision which may be conferred on this Committee by the Board.
SUBDIVISIONS :
A. The division of a lot, tract or parcel of land into two (2) or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development; except that the following divisions shall not be considered subdivisions; provided, however, that no new streets or roads are involved:
(1) Division of land for agricultural purposes where the resulting parcels are three (3) acres or larger in size.
(2) Divisions of property by testamentary or intestate provisions.
(3) Divisions of property upon court order.
B. Subdivision also includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the lands or territory divided.
APPEAL - A request for a review of the Construction Official interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING - A designated AO or AH zone on a community's Flood Insurance Rate Map with a one percent (1%) or greater chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD - The land in the flood plain within a community subject to a one percent (1%) or greater chance of flooding in any given year.
BASE FLOOD - The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
BASEMENT - Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL - A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
DEVELOPMENT - Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within an area of special flood hazard.
ELEVATED BUILDING - A nonbasement building (i) built in the case of a building in an area of special flood hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.
FLOOD OR FLOODING - A general and temporary condition of partial or complete inundation of normally dry land areas from:
A.The overflow of inland or tidal waters; and/or
B. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM) - The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) - The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map and the water surface elevation of the base flood.
FLOOD PLAIN MANAGEMENT REGULATIONS - Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
HIGHEST ADJACENT GRADE - The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE - Any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior; or
(2) Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR - The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.
MANUFACTURED HOME - A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreation vehicle."
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION - A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
NEW CONSTRUCTION - Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the flood plain management regulations adopted by the municipality.
RECREATIONAL VEHICLE - A vehicle which is [i] built on a single chassis; [ii] four hundred (400) square feet or less when measured at the longest horizontal projections; [iii] designed to be self-propelled or permanently towable by a light duty truck; and [iv] designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
START OF CONSTRUCTION - For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348) includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE - A walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.
SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT - Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
A.Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
B. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
VARIANCE - A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by thins chapter.
ACCESSORY APARTMENT - A single dwelling unit constructed above a one-story accessory residential garage with direct access from Court Street and subject to the regulations of the Court Street overlay district. [Added 6-21-1989 by Ord. No. P-58]
ACCESSORY USE, STRUCTURE OR BUILDING - A structure, building or use, including off-street parking, subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. A wireless telecommunications antenna shall be considered an accessory use in the zoning districts which so indicate it subject to the regulations specified in Sections 196-35, 196-26 and elsewhere. Other than in the case of a planned development or a wireless telecommunications antenna as defined and regulated in this chapter, if an accessory structure or building is attached to the principal building, it shall be considered a part thereof. Other than in the case of a planned development, an accessory use, structure or building not located on the same tax lot shall be judged a conditional use. In the case of a planned development, the use, structure or building shall be deemed accessory if it is subordinate to and customarily incidental to any of the other uses within a planned development, even though the accessory use is not located on the same tax lot as any of the other uses. [Amended 6-21-1989 by-Ord. No. P-58; 9-16-1995 by Ord. No. R-141; 5-7-2003 by Ord. No. DR-91]
ALTER - To move a structure from one location to another on the same lot or to change, rearrange or enlarge the structure or to make any change in the supporting members of a structure, including but not limited to bearing walls, retaining wails, columns, beams or girders.
ALTERATION - An addition, change or modification, requiring a permit, for a building, structure, object, site or landscape feature or the service equipment thereof that affects safety, health or structure and whose addition, change or modification is not classified as a minor alteration or ordinary repair. [Added 3-20-1991 by Ord. No. P-136]
ALTERATION, MINOR - Replacement or renewals of existing work, requiring a permit, of a building, structure, object, site or landscape feature or of parts of the service equipment therein, with the same or equivalent materials or equipment parts, that are made in the ordinary course of maintenance and that do not in any way affect health, fire or structural safety of the building, structure, object, site or landscape feature. [Added 3-20-1991 by Ord. No. P-136]
APARTMENT - One (1) or more rooms comprising a dwelling unit in a multifamily dwelling and/or serving as the home or residence of an individual, or a household. [Added 3.20-1991 by Ord. No. P-136]
**Webmasters Note: The previous definitions, Accessory Department through Apartment, have been amended as per Supplement No. 50.
APPURTENANCE - Any accessory or subordinate building, object or structure or landscape feature located on the site of an historic landmark or in an historic district. [Added 3-20-1991 by Ord. No. P-136]
ARCHAEOLOGICAL - The science or study of the material remains of past lives or activates and the physical site, location or context in which they are found, as delineated in the Department of the Interior's Archaeological Resources Protection Act of 1979. [Added 3-20-1991 by Ord. No. P-136]
ARCHITECTURAL - Relating or conforming to the rules of architecture; having or conceived of as having a single unified overall design, form or structure. [Added 3-20-1991 by Ord No. P-136]
AREA - A specific geographic division of the City of Hoboken. [Added 3-20-1991 by Ord. No. P-136]
AUTOMOBILE LAUNDRY - An establishment where automobiles are washed as the principal business.
AUTOMOBILE SALES AREA - A premises, including open areas other than a street or way and showrooms enclosed within a building, used for the display, sale, or rental of new or used automobiles, trucks, vans and boats. [Amended 2-18-1998 by Ord. No. R-294]
AUTOMOBILE SERVICE STATION OR FILLING STATION - A building or premises in or on which the principal use is the retail sale of gasoline, oil or other fuel for motor vehicles and which may include, as an incidental use only, facilities used for polishing, greasing, washing or otherwise cleaning or light servicing of motor vehicles but may not include liquefied petroleum gas distribution facilities, facilities for major repairs to motor vehicles, wrecker services or rental operations.
BAR - A place of business duly licensed by the Alcoholic Beverages Control Board for the sale and on-premises consumption of alcoholic beverages by the drink as the principal or primary use, whether or not food service is also provided. [Amended 10-19-1994 by Ord. No. R84]
BASEMENT - A space having at least one-half (1/2) of its floor-to-ceiling height above the average level of the adjoining exterior grade. A "basement" shall be counted as a story if used for business, industrial, office or residential purposes. [Amended 6-21-1989 by Ord. No. P-58; 2-6-2002 by Ord. No. DR-17]
BILLBOARD - See definition of "sign."
BLOCK - The length of a street between two (2) intersections.
BLOCK FRONTAGE - All lots, including corner lots fronting along the street line on one (1) side of a street between two (2) intersecting streets, measured in feet. [Amended 6-21-1989 by Ord. No. P-58]
BLOCK WIDTH - On any rectangular block, "block width" shall be the lesser of the two (2) dimensions. The widths of nonrectangular blocks shall be calculated individually by the Planning Board. [Added 6-21-1989 by Ord. No. P-58]
BOARD OF ADJUSTMENT - The Zoning Board of Adjustment of the City of Hoboken established pursuant to Section 56 of the New Jersey Municipal Land Use Law.
BUILDING - Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one (1) or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements.
BUILDING COVERAGE - The percentage of area of a lot which is occupied by the physical limits of all buildings. In the case of a planned unit development, "building coverage" is calculated as the percentage of area of a development block occupied by the physical limits of all buildings, subject to the exclusions identified in § 196-27.1B(3)(b), the same as lot coverage. [Amended 6-21-1989 by Ord. No. P-58; 10-19-1990 by Ord. No. R-84; 9-6-1995 by Ord. No. R-141]
BUILDING HEIGHT - The vertical distance measured from the mean level of the ground around the foundation to the highest point of the finished roof. [Amended 6-21-1989 by Ord. No. P-58]
BUILDING, LOFT - A nonresidential structure located in a district permitting residential uses in which structure residential uses are permitted in accordance with § 196-38K of this chapter. [Amended 6-21-1989 by Ord. No. P-58; 3-3-1999 by Ord. No. R-371]
BUILDING, PRINCIPAL - A building in which is conducted the principal use of the building site on which it is situated. In any residential district, any dwelling shall be deemed to be a "principal building" on the district lot on which the same is located.
BUILDING, RESIDENTIAL - See definition of "dwelling."
BULKHEAD, ELEVATOR - A roof structure enclosing an elevator and its machine room. [Added 6-21-1989 by Ord. No. P-58]
BULKHEAD, STAIR - A roof structure enclosing a stairway providing access to the roof. [Added 6-21-1989 by Ord. No. P-58]
CELLAR - A space with less than one-half (1/2) of its floor-to-ceiling height above the average finished grade of the adjoining exterior ground. Such space shall not be used for other than storage or installed building equipment. [Amended 6-21-1989 by Ord. No. P-58; 2-62002 by Ord. No. DR-17]
CERTIFICATE OF APPROPRIATENESS - A document attesting that proposed work within an historic district or affecting an historic site has been reviewed and deemed appropriate and consistent with the purpose of this chapter by the Hoboken Historic Preservation Commission. [Added 3-20-1991 by Ord. No. P-136]
CERTIFICATE OF NO EFFECT - A document attesting that proposed work within an historic district or affecting an historic site has been reviewed and found not detrimental to the historic district or site on which the work is to be done. [Added 3-20-1991 by Ord. No. P136]
CITY - The City of Hoboken, Hudson County, New Jersey.
CLINIC - An ambulatory health care facility where one (1) or more of the services of a hospital are provided on an outpatient basis by two (2) or' more physicians, dentists, other medical personnel, psychologists or social workers but not including a healthcare professional's private office. [Amended 3-3-1999 by Ord. No. R-371]
CLUB - A voluntary organization, not conducted for gain, with facilities catering principally to members and their guests for recreational, athletic or social purposes.
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. [Added 3-20-1991 by Ord. No: P-136]
CO-LOCATION - Use of a common wireless telecommunication tower or a common site by two (2) or more wireless license holders or by one (1) wireless license holder for more than one (1) type of communications technology and/or placement of a wireless telecommunication tower on a structure owned or operated by a utility or other public entity. [Added 57-2003 by Ord. No. DR-91]
COLLEGE OR UNIVERSITY - A public or private institution for higher learning, beyond grade twelve (12), providing courses of instruction as approved by the New Jersey Department of Higher Education.
**Webmasters Note: The previous definitions, Building Coverage through College or University, have been amended as per Supplement No. 49.
COMMERCIAL USE - This use category shall include retail or personal services and establishments; office buildings; automotive and allied sales and services; business services and similar uses. With the exception of commercial uses within a Planned Development, this definition shall not include such commercial uses as are otherwise specifically mentioned for any district. This definition shall also not include any uses as may generate noise, traffic, fumes, glare or maintenance and storage problems different in kind or degree from the commonly experienced impact of the above-included uses. [Amended 6-21-1989 by Ord. No. P-58; 9-6-1995 by Ord. No. R-141]
COMMON PROPERTY - A parcel or parcels of land, together with the improvements thereon; whereas the ownership, use and enjoyment of the same are shared by the owners and tenants of the individual dwelling units in the development. [Added 3-20-1991 by Ord. No. P-136]
COMPATIBLE PROPERTY - A resource in an 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. [Added 3-20-1991 by Ord. No. P-136]
CONDITIONAL USE - 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.
CONSTRUCTION [Added 3-20-1991 by Ord. No. P-136]:
(1) The act of adding an addition to an existing building or structure.
(2) The erection of a new principal or accessory building or structure on a lot or property.
CONTRIBUTING PROPERTY - A resource in an historic district or cluster that contributes to the district's or cluster's historical significance through location, design, setting, materials, workmanship, feeling and association and which shall be afforded the same considerations as landmarks. [Added 3-20-1991 by Ord. No. P-136]
CONVERSION - Change of use of an existing building or structure. [Added 6-21-1989 by Ord. No. P-58]
COUNTY PLANNING BOARD - The Planning Board of Hudson County, New Jersey.
CULTURAL - Activities or acts related to the past or present social and material traits of a group or groups of people. [Added 3-20-1991 by Ord. No. P-136]
CUSTOMER SERVICE AREA - The floor area of a retail establishment including retail businesses and services, eating and drinking places and retail food service establishments in which customers assemble to receive the goods or services offered and in which goods are displayed and sales are transacted. It does not include those areas of the establishment used for bulk storage, kitchens and toilets. [Added 6-29-1994 by Ord. No. R-581
DECIBEL - A unit of measurement of the intensity (loudness) of sound.
DEMOLITION - The dismantling or razing of all or part of a building, structure, object, site or landscape feature, including interior spaces and all operations incidental thereto. [Added 3-20-1991 by Ord. No. P-136]
DENSITY - The permitted number of dwelling units per gross area of land to be developed. [Added 3-20-1991 by Ord. No. P-136]
DESIGN GUIDELINES - Standards set forth in this chapter by the Historic Preservation Commission or which are subsequently adopted by the Hoboken Council which aim to preserve and provide a continuity of the historic, cultural and architectural character of an area or of a building, object, site, structure or landscape feature. (Added 3-20-1991 by Ord. No. P-136]
DEVELOPMENT - Construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, 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, as set forth in this chapter or the Municipal Land Use Law.' [Added 6-21-1989 by Ord. No. P-58]
DEVELOPMENT BLOCK - The area in a planned unit development bounded by existing public streets and/or public or private streets created in accordance with the Urban Design Review guidelines, § 196-27.1. [Added 9.6-1995 by Ord. No. R-141]
DEVELOPMENT REGULATION - A zoning ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to the New Jersey Municipal Land Use Law.'
DISTRICT - A 'district,' or 'zoning district,' shall be any portion of the territory of the City of Hoboken within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.
(1) DISTRICT, OVERLAY - An 'overlay district," termed a "subdistrict" in this chapter, is designed to provide flexibility to particular regulatory needs by modifying district regulations for a specific area within the district whose characteristics, while significantly related to those of the larger district, have special requirements and whose boundaries are shown by a distinctive overlay pattern or subdistrict boundary line.
(2) DISTRICT, SPECIAL REVIEW - One in which certain uses, because of the district's unique characteristics, may or may not be appropriate depending on all of the circumstances of the individual case. Special review procedures, as set forth in this chapter, are established to ensure that such uses are compatible with their locations and surrounding land uses and will further the purpose of this chapter.
DORMITORY - A building to provide sleeping and living accommodations with sanitary and general living facilities designed and used to accommodate students of a university or college or other educational use.
DRIVEWAY - A private paved access from a public way to off-street parking facilities. [Added 6-21-1989 by Ord. No. P-58]
DWELLING - Any building or portion thereof designed or used primarily as the permanent residence or sleeping place of one (1) or more persons. A "dwelling is not a hotel, motel, hospital, nursing home, dormitory, fraternity or sorority house, rooming house or similar structure under the terms of this chapter.
(1) DWELLING, SINGLE-FAMILY - A detached building containing one (1) dwelling unit only.
(2) DWELLING, TWO-FAMILY - A detached building containing two (2) dwelling units only.
(3) DWELLING, THREE- OR FOUR-FAMILY - A building or portion thereof containing three (3) or four (4) dwelling units respectively.
(4) DWELLING, MULTIFAMILY - A building or portion thereof containing more than four (4) dwelling units.
(5) DWELLING, APARTMENT - See 'apartment." [Added 3-20-1991 by Ord. No. P-136]
(6) DWELLING, DETACHED - A building physically detached from other buildings or portions of buildings which is occupied or is intended to be occupied for residence purposes by one (1) housekeeping unit. [Added 3-20-1991 by Ord. No. P-136]
DWELLING UNIT - A building or portion thereof providing complete housekeeping facilities for one (1) family.
ECONOMIC RETURN - A profit from use of a building, object, site or structure that accrues from investment or labor. [Added 3-20-1991 by Ord. No. P-136]
EDUCATIONAL USE - Public, parochial and private elementary and secondary schools duly licensed by the State of New Jersey, attendance at which is a sufficient compliance with the compulsory education requirements of the state. This definition shall be deemed to include all activities secondary or subordinate to the main activity of such institution, which activities are a part of the normal operation of the school or institution as set forth in its Charter.
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. [Added 3-20-1991 by Ord. No. P-136]
EFFECT, ADVERSE - A negative 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. [Added 320-1991 by Ord. P1361
ESSENTIAL UTILITY OR PUBLIC SERVICES - The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare. "Essential services" shall include firehouses, first aid and emergency aid squads and CATV, whether provided by a municipal or private agency.
FAA APPLICATION - Any application, or other request, to the Federal Aviation Administration for a license, certificate, waiver, special temporary authorization, or any other instrument of authorization issued by the Federal Aviation Administration regarding an applicant's telecommunications structures, antennas and equipment. [Added 5-7-2003 by Ord. No. DR-91]
FAA FILINGS - Any application with all attachments,, exhibits, appendices, memoranda, amendments, supplements and comments; all correspondence addressed to the Federal Aviation Administration, individual comments or objections of other parties, including but not limited to, informal objections, petitions to deny proposed findings of fact, conclusions of law, and briefs on appeal; the initial decision of the Federal Aviation Administration; notices of appeal; all briefs and other documents on appeal; and all other related matters. [Added 5-7-2003 by Ord. No. DR-91]
FAMILY - Any number of individuals, related by blood, marriage or adoption [or not more than five (5) individuals who are not so related], living together as a single housekeeping unit, using rooms and housekeeping facilities in common and having such meals as they may, eat at home prepared and eaten together.
FCC APPLICATION - Any application, or other request, to the Federal Communications Commission for a license, certificate, waiver, special temporary authorization, or any other instrument of authorization issued by the Federal Communications Commission under the Telecommunications Act of 1934 or the Telecommunications Act of 1996. [Added 5-7-2003 by Ord. No. DR-91]
FCC FILINGS - Any application with all attachments, exhibits, appendices, memoranda, amendments, supplements and comments; all correspondence to the Federal Communications Commission, individual comments or objections of other parties, including but not limited to, informal objections, petitions to deny proposed findings of fact, conclusions of law, and briefs on appeal; the initial decision of the Federal Communications Commission; notices of appeal; all briefs and other documents on appeal; and all other related matters. [Added 5-7-2003 by Ord. No. DR-91]
FLOOR AREA - The sum of the gross horizontal area of all floors of any building on a lot, measured from the exterior walls or from the center line of walls common to two (2) buildings, but not including cellar space, floor space in open balconies, elevator or stair bulkheads and mechanical spaces. For the purposes of applying the requirements of off-street parking and loading, "floor area," in the case of offices, merchandising or service types of uses, shall mean the gross floor area used or intended to be used by tenants or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sales of merchandise. It shall not include areas used principally for nonpublic purposes, such as shop windows, for offices incident to the management or maintenance of stores or buildings, for toilets or rest rooms, for utilities or for dressing rooms. [Amended 1020-1993 by Ord. No. R-8; 4-20-1994 by Ord. No. R-40]
FLOOR AREA RATIO (FAR) - The sum of the area of all floors of buildings or structures compared to the total area of the site. [Amended 10-20-1993 by Ord. No. R-8; 4-20-1994 by Ord. No. R-40]
FOOTCANDLE - A unit for measuring illumination equaling the amount of direct light on a surface. [Added 3-20-1991 by Ord. No. P-136]
FRATERNITY/SORORITY HOUSE - A rooming house, with or without provision for general meals, which is open only to students of a college or university, is owned and/or operated under the auspices of a sorority or fraternity officially recognized by a college or university and which is under the supervision of a resident manager.
FUNERAL HOME - A dwelling or other structure used and occupied by a professional licensed mortician for burial preparation and funeral services.
GARAGE, ACCESSORY - A detached accessory building or portion of a principal building used to satisfy the off-street parking requirements of on-site uses per Article XI of this chapter. [Amended 6-21-1989 by Ord. No. P-58]
**Webmasters Note: The previous definitions, Educational Use through Garage, Accessory, have been amended as per Supplement No. 49.
GARAGE, COMMERCIAL - A building or premises used for the repair, rental, sale and/or servicing of motor vehicles and/or the retail sale of fuel for such vehicles. [Amended 6-21-1989 by Ord. No. P-58]
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 are conducted. [Added 3-20-1991 by Ord. No. P-136]
GARAGE, PUBLIC - A garage, other than an accessory garage, which is open to the public with or without a fee for the hourly, daily or monthly parking of motor vehicles. [Amended 6-21-1999 by Ord. No. P-58]
GENERAL DEVELOPMENT - A comprehensive plan for the development of a planned development as authorized by N.J.S.A. 40:55D-39. [Added 11-17-1989 by Ord. No. P-87]
GOVERNING BODY - The Mayor and City Council of Hoboken, New Jersey.
GROSS FLOOR AREA - The area of all floors of a building, including interior balconies and mezzanines, measured from the interior walls of each story of a building. The "gross floor area" of all buildings on a lot shall include the floor area of accessory buildings on the same lot, measured the same way. [Added 11-17-1989 by Ord. No. P-87; amended 10-20-1993 by Ord. No. R-8; 4-20-1994 by Ord. No. R-40]
GROSS USE AREA - In planned unit developments, where ranges of ratios of residential and nonresidential uses are specified, "gross use area" represents both
(i) the gross floor area of all buildings devoted to a particular use and
(ii) the gross area of open land, platform or pier devoted to a particular use. In either case, the calculation of gross use area shall exclude streets as well as square footage devoted to accessory off-street parking, whether located within the principal building, within a separate accessory building or in open areas on the land, platform or pier. Open areas such as areas developed as passive or active recreation, riverfront walkway, marina or waterborne transportation may be included in the calculation. [Added 10-20-1993 by Ord. No. R-8; amended 4-20-1994 by Ord. No. 4-40; 94-1996 by Ord. No. R-200]
HELISTOP OR HELIPAD - A landing pad for a helicopter, which pad is duly licensed by the State of New Jersey.
HISTORIC DISTRICT - One (1) or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites. [Added 3-20-1991 by Ord. No. P136]
HISTORIC DISTRICT COMMISSION - The Historic District Commission of the City of Hoboken as established by municipal ordinance and as such ordinance may be amended to conform to state enabling legislation or for other reason.
HISTORIC PRESERVATION COMMISSION - A commission of the City of Hoboken as established by municipal ordinance and as such ordinance may be amended to conform to state enabling legislation or for other reasons. [Added 3-20-1991 by Ord. No. P-136]
HISTORIC SITE - Any real property, manmade structure, natural object or configuration or any portion or group of the foregoing which has been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance. [Amended 3-20-1991 by Ord. No. P-136]
HOME OCCUPATION - An occupation being conducted wholly or in part from a residence or its residential lot as an accessory use. Such occupations shall be conducted solely by resident occupants of the residential building, except that no more than two (2) persons not a resident of the building may be employed and provided, also, that no more than nine hundred (900) square feet, or the equivalent of the first floor area of the building, whichever is smaller, shall be used for such purpose; that the livable floor area for the residence shall remain at least as large as that required of residences; that no display of products shall be visible from the street; that the residential character of the building shall not be changed; that no sign shall be displayed exceeding the maximum area permitted for signs on each of two (2) sides and said sign shall be placed inside the building or, if located outside, shall be attached flat against the building-, that the occupation shall be conducted entirely within either the dwelling unit or an accessory building. but not both; that no occupational sounds shall be audible outside the building; that no machinery or equipment shall be used which will cause interference with radio and television reception in neighboring residences; and that the use does not reduce the parking or yard requirements of the principal use.
HOSPITAL - An institution, public or private, which is primarily engaged in providing diagnostic, therapeutic and rehabilitation services to patients, both on an inpatient and an outpatient basis, by or under the supervision of nurses, physicians, technicians or other healthcare personnel and which also furnishes items or services ancillary to such services.
**Webmaster's Note: The previous definition has been amended as per Ordinance adopted 3-3-99.
HOTEL - Any building containing more than nine (9) rooms or which accommodates more than fourteen (14) persons, said rooms of which are rented for sleeping purposes for compensation and which are reached from hallways common to more than two (2).
HOUSE OF WORSHIP - A building, such as a church, synagogue or temple for the assembly of members of a designated faith for religious instruction and worship of a deity.
HOUSING CODE - The 'Housing Code' of the City of Hoboken is that ordinance, as it may be amended, establishing minimum standards governing the condition and maintenance of dwellings
INCIDENTAL - Something that happens over time without intention or calculation. [Added 3-20-1991 by Ord. No. P136]
INFILL HOUSING [Repealed 6-21-89 by Ord. No. P-58]
INSTRUCTIONAL USE - An institution or organization not licensed or accredited as a school by the State of New Jersey, which provides for the teaching of any skill or body of knowledge independent of a general curriculum or studies. An "instructional use" is to be distinguished from an educational use and from tutoring.
INTRUSION - A building, object site, structure or landscape feature which detracts from a building, historic district or cluster of historical significance because of its incompatibility with the historic districts or cluster's sense of time and place and historical development or its incompatibility of scale, materials, texture or color or whose integrity has been irretrievably lost [Added 3-20-1991 by Ord. No. P-136]
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. [Added 3-20-1991 by Ord. No. P-136)
JUNKYARD - An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A "junkyard" includes an automobile wrecking yard but does not include uses established entirely within enclosed buildings.
LANDMARK - The word "landmark" may substitute, in any ordinance, resolution, determination or official action pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) for "historic," "historic preservation" and "historic site." [Added 3-20-1991 by Ord. No. P-136]
LANDSCAPE FEATURE - Any grade, body of water, stream, rock, plant, shrub, tree, path, walkway, road, plaza, fountain, sculpture or other form of natural or artificial landscaping. [Added 3-20-1991 by Ord. No. P136]
LOADING SPACE - An off-street space or berth for the temporary parking of a vehicle while loading or unloading. Loading spaces are regulated in Article XI. [Amended 2-18-1998 by Ord. No. R-294]
LOT COVERAGE - Same as building coverage. [Added 6-21-1989 by Ord. No. P-58; amended 9-6-1995 by Ord. No. R-141]
LOT OR ZONE LOT [Amended 6-21-1989 by Ord. No. P-58; 9-6-1995 by Ord. No. R-141; 3-3-1999 by Ord. No R-371] - A designated parcel, tract or area of land as shown on the Tax Map, established by a plat or otherwise as permitted by law having frontage on a public street or, in the case of a planned development, on a public or private street approved pursuant to the Urban Design Review under § 196-27.1 of this chapter, and to be used, developed or built upon for a principal use and/or uses accessory or incidental to the operation thereof.
LOT, CORNER - A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, forming an interior angle of less than one hundred thirty-five degrees (135). The point of intersection of the street lot lines is the "corner."
LOT DEPTH - The mean horizontal distance between the front and rear lot lines.
LOT WIDTH - The mean width of the lot measured at right angles to its depth.
LOT AREA - The computed area contained within the lot lines.
LOT LINES - The property lines bounding the lot.
LOT, INTERIOR - A lot not bounded by a street [Added 3-20-1991 by Ord. No. P-136]
THROUGH LOT - A lot fronting on two (2) parallel streets or on two (2) streets that do not intersect at the boundaries of the lot. [Added 3-3-1999 by Ord. No. R-271 ]
LUMEN - A unit of measure for the flow of light. [Added 3-20-1991 by Ord. No. P-136]
MARINA - A boat basin with facilities for berthing, servicing and securing all types of recreational watercraft, as well as providing adequate supplies, provisions, storage and fueling facilities. The following facilities may be provided: boat slips, boat-handling equipment, repair and maintenance facilities; marine and hardware supplies, launching facilities; fuel station; locker and sanitary facilities; a restaurant and clubhouse; recreational facilities, such as swimming pools and picnic grounds; spectator area; pedestrian area; and auto parking.
MASTER PLAN - A composite of one (1) or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of the New Jersey Municipal Land Use Law.
MICROCELL - A small patch antenna which is generally surface-mounted to a building facade. [Added 5-7-2003 by Ord. No. DR-91]
MIXED USE [Repealed 3-3-1999 by Ord. No. R-371]
MOTEL - A hotel designed primarily for transient automobile travelers and providing for accessory off-street parking facilities.
**Webmasters Note: The previous definitions, Landmark through Motel, have been amended as per Supplement No. 49.
NONCONFORMING LOT, STRUCTURE OR USE - A lot, the area, 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. "Nonconforming structure" means a structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment. "Nonconforming use" means a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONTRIBUTING - A building, object, site or structure which neither adds to or detracts from an historic district's or cluster's sense of time and place and historical development. [Added 3-20-1991 by Ord. No. P-136]
NURSERY SCHOOL - Any place, however designated, operated for the purpose of providing daytime care or instruction for five (5) or more children, from two (2) to seven (7) years of age inclusive, and operated on a regular basis, including kindergartens, day nurseries and day-care centers.
NURSING HOME - Any premises meeting the standards of the New Jersey State Department of Institutions and Agencies to operate as a nursing home.
OBJECT - An object is a material thing of functional, aesthetic, cultural, historical, archaeological or scientific value that may be, by nature or design, moveable yet related to a special setting or environment. [Added 3-20-1991 by Ord. No. P-136]
OFFICE - A place for the transaction of business where reports are prepared, records kept and services rendered but where no retail sales are offered and where no manufacturing, assembly or fabricating takes place.
OFFICE BUILDING - A building which has more than eighty percent (80%) of its net floor area occupied by business or professional offices. [Amended 6-21-1989 by Ord. No. P-58]
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. [Amended 6-21-1989 by Ord. No. P-58; 11-17-1989 by Ord. No. P-87; 9-4-1996 by Ord. No. R-200]
OPEN SPACE RATIO - The percentage of total floor area, expressed in square feet, which shall be required in square feet of open space.
PARKING AREA, PRIVATE [Repealed 2-18-1998 by Ord. No. R-294]
PARKING AREA, PUBLIC - An open area, other than a street or public way, used for the parking of automobiles and available to the public, whether for a fee, free or as an accommodation for clients or customers.
PARKING FACILITY - A garage or parking area.
PARKING FACILITY, MAJOR - A public or accessory parking facility with a capacity of fifty (50) or more vehicles. [Added 6-21-1989 by Ord. No. P-581
PARKING SPACE - An off-street parking space available for parking of one (1) motor vehicle within a public or private area and subject to the dimensional standards in § 196-40A. [Amended 9-6-1995 by Ord. No. R141]
PARTICULATE MATTER - Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.
PEDESTRIAN BRIDGE - A pedestrian bridge is a continuous enclosed bridge which spans a street and is permitted only for the purpose of connecting two publicly owned buildings or two buildings where one is publicly owned and one is owned by a semipublic entity such as a non-profit, philanthropic, religious or health services organization. In any event, at least one of the public entities must be the City of Hoboken or a municipal agency or authority such as the Hoboken Parking Authority. Such street encroachment, if permitted in a district, is subject to approval by the City Council and must comply with the design requirements of Chapter 168-5.
**Webmaster's Note: The previous definition has been added as per Ordinance adopted 3-3-99.
PENTHOUSE - A roofed enclosure on top of a building and occupying not more than twenty percent (20%) of the main roof area. It shall not exceed ten (10) feet in height and shall be set back at least ten (10) feet from the building line. A non-mechanical penthouse exceeding six and one-half (6 1/2) feet in height above the mean roof level shall be classified as a story. [Added 6-21-1989 by Ord. No. P-58]
PERFORMANCE STANDARD - Criteria establishing controls on noise, odor, smoke, toxic or noxious matter, vibration, fire and explosion hazards and glare or heat generated by or inherent in uses of land or buildings.
PERMITTED USE - Any use of land or buildings as permitted by this chapter. [Added 3-20-1991 by Ord. No. P-136]
PLANNED COMMERCIAL DEVELOPMENT - An area of a minimum contiguous size of three (3) acres to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted by ordinance. [Amended 6-21-1989 by Ord. No. P-58]
PLANNED DEVELOPMENT - "Planned development" means planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development. [Amended 6.21-1989 by Ord. No. P-58; 94-1996 by Ord. No. R-200]
PLANNED INDUSTRIAL DEVELOPMENT - An area of a minimum contiguous size of five (5) acres to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use, as may be permitted by ordinance.
PLANNED UNIT DEVELOPMENT - An area comprised of a minimum contiguous acreage of ten (10) acres, which may include piers, platform and water area, to be developed as a single entity according to a plan, containing one (1) or more residential clusters or planned unit residential developments and one (1) or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as are specified in this chapter. [Amended 6-21-1989 by Ord. No. P-58;11-17-1989 by Ord. No. P-87; 10-20-1993 by Ord. No. R-8; 4-20-1994 by Ord. No. R-40; 9-6-1995 by Ord. No. R-141]
PLANNED UNIT RESIDENTIAL DEVELOPMENT - An area with a minimum contiguous acreage of five (5) acres or more to be developed as a single entity according to a plan containing one (1) or more residential clusters, which may include appropriate commercial, public or quasi-public uses, all primarily for the benefit of the residential development. [Amended 6-21-1989 by Ord. No. P-38; 9-4-1996 by Ord. No. R-200]
PLANNING BOARD - The Planning Board of the City of Hoboken as established by the local governing body in accordance with the requirements of the New Jersey Municipal Land Use Law.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS - Any tower or antenna for which a building permit has been properly issued, or for which a contract, lease or other agreement has been awarded or entered into by the City Council, prior to the effective date of this section, including previously approved towers or antennas that have not yet been constructed so long as such approval is current and not expired. [Added 5-72003 by Ord. No. DR-91] .
PREVAILING HEIGHT - See individual district regulations. [Amended 6-21-1989 by Ord. No. P-58; 920-1989 by Ord. No. P-69; 2-6-2002 by Ord. No. DR-17]
PREVAILING SETBACK - See individual district regulations. [Amended 2-6-2002 by Ord. No. DR-17]
**Webmasters Note: The previous definitions, Performance Standards through Prevailing Setback, have been amended as per Supplement No. 49.
PRINCIPAL STRUCTURE - A structure in which the principal use of a lot, on which the structure is located, is conducted. [Added 3-20-1991 by Ord. No. P-136]
PRINCIPAL USE - The main use of land or structures as distinguished from a subordinate or accessory use. [Added 3-2D-1991 by Ord. No. P-136]
PRIVATE SCHOOL - An institution of academic education whose general course work is comparable to the public school system and whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education. [Added 3-201991 by Ord. No. P-136]
PROFESSIONAL OFFICE - The office of a member of a recognized profession.
PUBLIC OPEN SPACE - An open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, state or county agency or other public body for recreational or conservational uses.
PUBLIC PURPOSE - The use of land or buildings by the governing body or some officially created city agency or authority. [Added 3-20-1991 by Ord. No. P136]
QUASI-PUBLIC - In planned unit or planned unit residential developments, "quasi-public" uses are those which are devoted to recreational, cultural or educational use whether owned and operated by a public, private or institutional entity so long as the area devoted to such use is made reasonably accessible to the public. [Added 9-4-1996 by Ord. No. R-200]
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. [Added 3.20-1991 by Ord. No. P-136]
RECREATION
(1) RECREATION, COMMERCIAL - Recreation facilities operated as a business and open to the general public for a fee and where no alcoholic beverages are served and no live entertainment is conducted. [Amended 6-29-1994 by Ord. No. R-58]
(2) RECREATION, PRIVATE, NONCOMMERCIAL - Clubs or recreation facilities, operated by a nonprofit organization and open only to bona fide members of such nonprofit organization.
(3) RECREATION, PUBLIC - Recreation facilities operated as a nonprofit enterprise by the City of Hoboken, any other governmental entity or any nonprofit organization and open to the general public.
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. [Added 3-20-1991 by Ord. No. P-136]
RELOCATION - Any change of the location of a building, object, site, structure or landscape feature in its present setting or to another setting. [Added 3-20-1991 by Ord. No. P-136]
RESEARCH FACILITY - A building in which the principal activity is the systematic investigation of problems in order to discover answers or new facts and their interpretation. Reports and prototype objects shall be considered the principal products of a "research facility."
RESIDENTIAL BUILDING - A principal building in a residential zoning district designed for use as a one- to three-family or multifamily dwelling.
RESIDENTIAL CLUSTER DEVELOPMENT - A contiguous usage area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance. [Added 9-4-1996 by Ord. No. R-200]
RESIDENTIAL DENSITY [Repealed 9-4-1996 by Ord. No. R-200]
RESOURCES - A source or 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. [Added 3-20-1991 by Ord. No. P-136]
RESTAURANT - A building or portion thereof where food and beverages are sold for consumption on the premises as the principal or primary use. [Amended 1019-1994 by Ord. No. R-84]
RESTORATION - The act or process of accurately re. covering 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. [Added 320-1991 by Ord. No. P-136]
RETAIL BUSINESS OR SERVICE - This use category shall include retail or personal service establishments, such as appliance sales and services; banks; bakeries, food stores and supermarkets; barbershops and beauty parlors; pharmacy, book, card and stationery stores; candy and tobacco shops; dry goods and variety stores; department and clothing stores; florists and garden supply stores; hardware stores; newspaper and periodical vendors; business and professional offices; package liquor stores; photographic supplies, services; tailors and dressmakers; and similar uses. With the exception of retail business or service uses within a planned development, this definition shall not include such retail and personal service establishments as are otherwise specifically defined in this chapter or specifically mentioned for any district and shall not include such uses as may generate noise, traffic, fumes, glare or maintenance and storage problems different in kind or degree from the commonly experienced impact of the above-included uses. [Amended 3-15-1993 by Ord. No. P-58; 9-6-1995 by Ord. No. R-141]
RIVERBORNE PUBLIC TRANSPORTATION - Boats licensed to carry passengers for a fee from one (1) riverfront terminal to another, whether interstate or intrastate. [Added 6-21-1989 by Ord. No. P-58]
ROOF - The exterior covering of a building which bridges the space between the topmost plates or spandrel beams of exterior walls and protects the interior spaces beneath it from external natural elements such as sun, wind, rain and snow, [Added 6-21-1989 by Ord. No. P5B]
ROOMING HOUSE - Any building which contains two (2) or more units of dwelling space arranged or intended for single room occupancy, exclusive of any such unit occupied by an owner or operator and otherwise meeting criteria set forth in N.J.S.A. 55:13B-1 et seq. [Amended 6-21-1989 by Ord. No. P-58]
ROW HOUSE - One (1) dwelling unit in a line of three (3) or more connected dwelling units. [Added 3-20-1991 by Ord. No. P-136]
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 beyond which a building or part of a building is not permitted to extend toward the street line or lot line.
SHIPPING TERMINAL - A building or group of buildings on a parcel of land with sufficient space for off-street loading and temporary storage of materials designated for the main purpose of receiving and dispatching materials being transferred from one (1) mode of transportation to another.
SIDEWALK CAFE - Use of the sidewalk beyond the building line for chairs, tables and other space dividers to permit the serving of food and drink for consumption by the patrons of the restaurant fronting on the expanse of sidewalk to be used for this purpose. Facilities shall be fully enclosed by a transparent or translucent temporary structure and shall, in all respects, conform to all applicable city and state regulations, as well as standards set forth elsewhere in this chapter. [Added 5-19-1982 by Ord. No. C212; amended 6-21-1989 by Ord. No. P-58]
SIDEWALK CAFE, ENCLOSED - An enclosed eating and drinking facility in conformity with conditions set forth in Article VII of this chapter. [Added 6-21-1989 by Ord. No. P-58]
SIDEWALK CAFE, LIMITED - The utilization of sidewalk space beyond the building line to accommodate the serving of food and drink to patrons of a restaurant fronting on that space, which space is unenclosed and does not have walls, and subject to the conditions set forth in Article V of Chapter 168. [Added 4-5-1995 by Ord. No. R-119]
SIDEWALK CAFE, OPEN - An unenclosed eating and drinking facility in conformity with conditions set forth in Article VII of this chapter. [Added 6-21-1989 by Ord. No. P-58]
SIGN - A name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business. However, a "sign" shall not include any display of official court or public notices nor any official traffic control device, nor shall it include the flag, emblem or insignia of a nation, state, county, municipality, school or religious group. A "sign" shall not include a sign located completely within an enclosed building, except for illuminated or animated signs within show windows. Each display surface of a sign shall be considered to be a "Sign."
(1) SIGN AREA - The area within the shortest lines that can be drawn around the outside perimeter of a sign, including all decorations but excluding the supports, if they are not used for advertising purposes. All faces of the sign which carry advertising shall be included in computing sign area.
(2) SIGN, ADVERTISING - A sign, structure or symbol erected and maintained by an individual or corporation engaged in the sale or rental for profit of space thereon to a clientele of manufacturing, service or commercial enterprises, upon which space there is displayed, by means of painting, posting or other method, advertising copy describing a wide variety of products or services which are not necessarily made, produced, assembled, stored or sold from the lot or premises upon which the advertisement is displayed. This is also known as a "billboard."
(3) SIGN, BUSINESS - A sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered, upon the premises where such sign is located, or to which it is affixed.
SITE - The location of a significant event, a prehistoric or historic occupation or activity or a building, structure, object, or landscaped 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. [Added 3-20-1991 by Ord. No. P-136]
SITE PLAN - A development plan of one (1) or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation and drainage; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices and any other information that may be reasonably required in order to make an informed determination pursuant to review and approval of site plans by the Planning Board as set forth in this chapter.
SITE PLAN, MINOR - A development plan for projects as described in §196-26A(2) but not including planned development or any new street. [Added 5-15-2002 by Ord. No. DR-39]
SITE PLAN REVIEW - The examination of the specific development plans for a lot. Whenever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be approved by the Planning Board. [Added 3-20-1991 by Ord. No. P-136]
SPECIAL REVIEW [Added 6-21-1989 by Ord. No. P58; repealed 11-17-1989 by Ord. No. P-87]
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. [Added 3-20-1991 by Ord. No. P-136]
STORY - That portion of a building included between the surface of any floor and the surface of the floor or roof next above it. [Amended 6-21-1989 by Ord. No. P-58; 421-1999 by Ord. No. R-378]
STREET - Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; or which is shown upon a plat heretofore approved pursuant to law; or which is approved by official action as provided by the New Jersey Municipal Land Use Law; or 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. It 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, and permanently affixed thereto. .
STRUCTURE HEIGHT - Same as "building height." [Added 3-20-1991 by Ord. No. P-136]
SUBSTANTIAL ALTERATION - Alterations and repairs made to a residential structure in order to increase its number of dwelling units to ten (10) or more. [Added 6-21-1989 by Ord. No. P-58]
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 (1), building type or use, as designed by a single architect, as a single archaeological site form or as a particular set of archaeological research. [Added 3-20-1991 by Ord. No. P-136]
TOWER - Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term shall include the structure and any support thereof. [Added 5-7-2003 by Ord. No. DR-91]
TOWNHOUSE - One (1) dwelling unit in a line of three (3) or more connected dwelling units where each dwelling unit is compatibly designed in relation to all other units, but is distinct by such design features as width, setback, roof, design, color, exterior materials and other features, singularly or in combination. Each dwelling unit may have one (1), two (2) or three (3) stories, but nothing in the definition shall be construed to allow either one dwelling unit over the other or one dwelling unit behind the other. [Added 3-20-1991 by Ord. No. P-136]
TRACT - An area consisting of one (1) or more parcels, sites, pieces of land or property that are the subject of a development application. [Added 3-20-1991 by Ord. No. P-136; amended 9-6-1995 by Ord. No. R-141]
UNUSUAL AND COMPELLING CIRCUMSTANCES - Those uncommon and extremely rare instances, factually detailed, which would warrant Historic Preservation Commission action due to the evidence presented. [Added 3-20-1991 by Ord. No. P-136]
URBAN DESIGN REVIEW - A related aspect of site plan review applicable to planned developments in accordance with the provisions of N.J.S.A. 40:55D-45. [Added 6-21-1989 by Ord. No. P-58]
USE - The principal purpose for which a lot or the principal building thereon is designed, occupied, maintained or intended to be used. [Added 6-21-1989 by Ord. No. P-58]
USE, TEMPORARY - A use involving an activity or structure for a period of not more than thirty (30) days. [Added 6-21-1989 by Ord. No. P-58]
UTILITY - Water, sewerage, telephone, gas or electric service from a private or public utility company under the regulations of the New Jersey Public Utility Commission. On-site storage of gasoline, compressed gas, steam or use of conveyor belts, elevators, water mains or other means of storing, servicing or transporting goods and services on-site shall be considered a "utility."
VARIANCE - Permission to depart from the literal requirements of a zoning ordinance pursuant to Section 47 and Subsections 29-2.b.57c. and 57d. of the New Jersey Municipal Land Use Law.
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. [Added 3-20-1991 by Ord. No. P-136]
WIRELESS TELECOMMUNICATION ANTENNA - Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that transmit or receive radio frequency signals for wireless telecommunication towers. [Added 5-7-2003 by Ord. No. DR-91]
WIRELESS TELECOMMUNICATION EQUIPMENT - Accessory facilities serving and subordinate in area, extent and purpose to, and on the same lot as a wireless telecommunication tower or antenna. Such facilities include transmission equipment, storage sheds, storage buildings and security fencing. [Added 5-7-2003 by ,Ord. No. DR-91
WIRELESS TELECOMMUNICATION TOWER - A freestanding vertical structure designed to support one (1) or more wireless telecommunication antennas, including monopoles, guyed towers, lattice towers and similar structures. [Added 5-7-2003 by Ord. No. DR-91]
YARD - An open portion of a lot, as may be required by this chapter, of uniform width or depth on the same lot with a building or a group of buildings, which open portion lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as herein permitted. Parking is not permitted in any required yard except as permitted herein. [Amended 2-18-1998 by Ord. No. R-294]
(1) YARD, FRONT - An open unoccupied space on a lot between the street line and a line parallel thereto at such distance therefrom as may be specified herein for the district in which said lot is located.
(2) YARD, REAR - An open unoccupied space on a lot between the rear lot line and a line parallel thereto at such a distance therefrom as may be specified herein for the district in which said lot is located.
(3) YARD, SIDE - An open unoccupied space on a lot between the side lot line and a line parallel thereto at such distance therefrom as may be specified herein for the district in which said lot is located.
ZONING MAP - The Zoning Map or maps of the City of Hoboken, New Jersey, together with all amendments subsequently adopted.
ZONING OFFICER - The official appointed by the City Engineer or Business Administrator pending appointment of a City Engineer to review development applications for conformity with the City of Hoboken Zoning Ordinance and to perform such other duties related to zoning compliance as directed by local enabling legislation. [Added 6-21-1989 by Ord. No. P-58]
AFFORDABLE - That a household in the appropriate income category, if a homeowner, need spend no more than twenty-eight percent (28%) of gross income toward annual payments for mortgage principal and interest, property taxes, insurance and homeowners' association fees, if any, and if a renter, need spend no more than thirty percent (30%) of gross income for rent, including utilities.
AFFORDABLE HOUSING - Low-income and moderate-income homing.
AVERAGE UNIT - Typical unit as measured by its value on the market.
BOARD - The Planning Board of the City of Hoboken.
COMMUNITY DEVELOPMENT AGENCY OR CDA - The Community Development Agency of the City of Hoboken.
CORPORATION - The Nonprofit Affordable Housing Corporation created pursuant to this Article.
COUNCIL ON AFFORDABLE HOUSING OR COAH - The Council on Affordable Housing of the State of New Jersey established by the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
DEVELOPER - Includes the developer, owner or sponsor of a project and their agents, successors and assigns.
EFFICIENCY UNIT - A dwelling unit in which the same room serves as both the only bedroom and only living room.
INDIGENOUS NEED - Affordable housing units that are necessary to meet the needs of the population of the City of Hoboken
LOW-INCOME HOUSING - Housing affordable to a household earning fifty percent (50%) or less of the median income for the Jersey City, New Jersey, PMSA (Hudson County), as adjusted for household size and promulgated by the United States Department of Housing and Urban Development or by the New Jersey Department of Community Affairs, and updated from time to time.
MIDDLE-INCOME HOUSING - Housing affordable to a household earning one hundred fifty percent (150%) or less of the median income for the Jersey City. New Jersey, PMSA (Hudson County), as adjusted for household size and as promulgated by the United States Department of Housing and Urban Development or by the New Jersey Department of Community Affairs. and updated from time to time
MODERATE-INCOME HOUSING - Housing affordable to a household earning between fifty percent (50%) and eighty percent (80%) of the median income for Hudson County, as adjusted for household size.
NONPROFIT CORPORATION - A nonprofit corporation organized under Title 15A of the New Jersey statutes and dedicated to the development of low- , moderate- and/or middle-income housing.
OVERCROWDED HOUSING - Housing occupied by more than one (1) person per room, or housing which is shared by two (2) or more separate independent households, where each household contains more than one (1) member.
PROJECT OR DEVELOPMENT - The entire project or development located on contiguous or adjacent sites, or continuing over one (1) or more streets, ways or easements, owned, developed or sponsored by the same or affiliated entities, designed as part of the same group of structures and/ or funded from the same sources.
REDEVELOPMENT AREAS - Those within the City of Hoboken which have been designated as such as a result of the procedures and actions taken pursuant to the Redevelopment Laws of the State of New Jersey. Such laws include the Blighted Areas Law, N.J.S.A 40:55-21.1 et seq.; the Local Housing Authorities Law, N.J.S.A. 55:14A-1 et seq.; and the Redevelopment Agencies Law, N.J.S.A. 40:55C-1 et seq.
REDEVELOPMENT PLANS - Those plans developed pursuant to the Redevelopment Laws of the State of New Jersey and described specifically in the Redevelopment Agencies Law, N.J.S.A. 40:55C-5, 55C-17 and 55C-32, and the Loral Housing Authorities Law, N.J.S.A. 55:14A40 and 14A51.
ROOM - Includes bedrooms, living rooms, dining rooms, kitchens and other rooms, but shall not include bathrooms, hallways and foyers.
SUBSTANDARD HOUSING - Includes housing lacking complete and adequately functioning plumbing, heating and kitchen facilities; or such deficiencies of walls, windows or roofs, as to potentially impair the health or safety of the occupants.
SUBSTANTIAL REHABILITATION - Any rehabilitation of a vacant structure, or any rehabilitation which has resulted in the building becoming vacant or which required the vacating of occupied structures prior to completion of rehabilitation work.
SUPERINTENDENT - A person who is responsible for the daily maintenance of a project.
TRUST FUND - The Affordable Housing Trust Fund established by the City of Hoboken to receive cash contributions for affordable housing projects.
UNIT - An average unit of all units within a given project when calculating obligations or exceptions pursuant to the standards of this Article.
UTILITIES - Electrical and gas services.
WATERFRONT DISTRICT - Any district or subdistrict so designated by the Zoning Ordinance of the City of Hoboken.