ADMINISTRATIVE OFFICER shall mean the respective secretaries for any application before the Planning Board or the Board of Adjustment.
APPLICANT OR DEVELOPER shall mean:
a. A developer submitting an application for development.
b The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract for purchase or other persons having an enforceable proprietary interest in such land.
APPLICATION FOR DEVELOPMENT shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to law.
APPROVING AUTHORITY shall mean the Planning Board of Kearny or the Kearny Board of Adjustment, as the case may be, as provided in Section 36-3.
BUILDING shall mean a combination of materials to form a construction adapted to a permanent, temporary or continuous occupancy and having a roof.
COMMON OPEN SPACE shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
CONDITIONAL USE shall mean 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 or operation of such use as contained in the Zoning Ordinance and upon the issuance of an authorization therefor by the Planning Board.
CONVENTIONAL DEVELOPMENT shall mean development other than planned development.
DAYS shall mean the number of calendar days, for the purpose of this chapter.
DEVELOPMENT shall mean the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill; and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required.
DRAINAGE shall mean the removal of surface water or groundwater from land by drains, grading or other means, including the control of runoff to minimize erosion and sedimentation during and after construction or development, and the means necessary for water supply preservation or preservation or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY shall mean the lands required for the installation of stormwater sewers or drainage ditches or required along natural streams or watercourses for preserving the channel and providing for the flow of water therein, to safeguard the public against flood.
EROSION shall mean the detachment and movement of soil or rock fragments by water, wind, ice and gravity.
FINAL APPROVAL shall mean the official action of the approving authority taken on a preliminary-approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties, which, in the case of subdivision, shall be filed with the proper County recording officer.
FLOOR AREA shall mean the sum of the gross horizontal areas of the several floors of a building measured from the exterior walls in a building. "Floor area" shall not include areas devoted to mechanical equipment serving the building, stairways and elevators, areas used exclusively for off-street parking and loading for motor vehicles, or to any space where the floor-to-ceiling height is less than seven (7) feet.
GOVERNING BODY shall mean the Mayor and Town Council of the Town of Kearny.
HISTORIC site shall mean any building, structure, area of property that is significant in the history, architecture, archeology or culture of this State, its communities or the nation and has been so designated.
INTERESTED PARTY shall mean any person, whether residing within or without the Town of Kearny, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter, or whose right to use, acquire or enjoy property under this chapter or under any other law of this State or the United States has been denied, violated or infringed upon by any action or a failure to act under this chapter.
LOT SHALL mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
MAINTENANCE GUARANTY shall mean security, other than cash, which may be accepted by Kearny for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION shall mean any subdivision not classified as a minor subdivision.
MASTER PLAN shall mean a composite of one (1) or more written or graphic proposals for the development of Kearny which shall have been duly adopted by the Kearny Planning Board.
MINOR SUBDIVISION shall mean any subdivision containing not more than three (3) lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property, which is not adjoined by other unplatted land in the same ownership and is not in conflict with any provisions or portions of the Master Plan, Official Map, Zoning Ordinance, Health Code or this chapter.
OFFICE BUILDING shall mean, under the provisions of Chapter 220 of the Laws of 1975 pertaining to physically handicapped persons, a building or structure of more than ten thousand (10,000) square feet of gross floor area wherein commercial or business activity or service is performed or a profession is practiced or wherein any combination thereof is performed or practiced in all or the majority of such building or structure.
OFFICIAL MAP shall mean a map and accompanying ordinance adopted by the Governing Body of Kearny pursuant to law. Such map shall be deemed to be conclusive with respect to the location and width of streets and public drainageways and the location and extent of flood control basins and public areas, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence.
OFF-SITE shall mean located outside the lot lines of the lot in question but within the property (of which the lot is part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-TRACT shall mean not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way. On-site shall mean located on the lot in question.
ON-TRACT shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designed or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of lands 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.
PARTY IMMEDIATELY CONCERNED shall mean any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice.
PERFECTED APPLICATION shall mean one that is submitted in a proper and complete form, including all required application forms, maps and reviews, prior to the scheduling of a public hearing, where required, or formal action being taken by the approving authority; all required fees are submitted and filed within the appropriate time schedules; proof that no taxes or assessments for local improvements are due or delinquent on the property for which approval is sought; and all other governmental approvals are received by the approving authority or can be so conditioned by the approving authority.
PERFORMANCE GUARANTY shall mean any security which may be accepted by the Town of Kearny, including cash, provided that the Town shall not require more than ten (10%) percent of the total performance guaranty in cash.
PHYSICAL HANDICAP shall mean a physical impairment which confines a person to a wheelchair; causes a person to walk with difficulty or insecurity; affects the sight or hearing to the extent that a person functioning in public areas is insecure or exposed to danger; causes faulty coordination; or reduces mobility, flexibility, coordination and perceptiveness to the extent that facilities are needed for the safety of that person.
PLAT shall mean a map or maps of a subdivision or site plan pursuant to the provisions of this chapter.
PRELIMINARY APPROVAL shall mean the conferral of certain rights pursuant to this chapter, prior to final approval, after specific elements of a development plan have been agreed upon by the approving authority and the applicant.
PRELIMINARY FLOOR plans and elevations shall mean architectural drawings prepared during early and introductory stages of the design of a project, illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
PUBLIC AREAS shall mean 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 BUILDING shall mean, under the provisions of Chapter 220 of the Laws of 1975 pertaining to physically handicapped persons, any building, structure, facility or complex used by the general public, including but not limited to theaters, concert halls, auditoriums, museums, schools, libraries, recreation facilities, public transportation terminals and stations, factories, office buildings, business establishments, passenger vehicle service stations, shopping centers, hotels or motels and public eating places, constructed by any State, County or municipal government agency or instrumentality or any private individual, partnership, association or corporation, with the following exceptions: one (1) to four (4) family private residences, warehouse storage areas and all buildings classified as hazardous occupancies. As used herein, "hazardous occupancy" means the occupancy or use of a building or structure or any portion thereof that involves highly combustible, highly flammable or explosive material or which has inherent characteristics that constitute a special fire hazard.
PUBLIC DRAINAGEWAY shall mean the land reserved or dedicated 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 to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE shall mean 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.
RESUBDIVISION shall mean the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
SEDIMENTATION shall mean the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SIGHT TRIANGLE shall mean a triangle-shaped easement established at the intersection of two (2) streets or a driveway and a street in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between a height of two (2) feet and six (6) inches above the center-line grade of the street or driveway. The triangle shall be determined along such street lot lines or edge of driveway twenty-five (25) feet distant from their joint intersection.
SITE PLAN shall mean 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, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, screening devices and lighting; and any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.
SKETCH PLAT shall mean the sketch map of a subdivision to be used for the purpose of discussion and classification and meeting the requirements of subsection 36-4. 1.
STREET shall mean 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 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.
STRUCTURE shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above or below the surface of a parcel of land.
SUBDIVISION shall mean the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other division of land, whether immediate or future, for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created or extension of utilities are required: division of land found by the approving authority to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size, divisions of property by testamentary or intestate provisions, divisions of property upon court order and conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE shall mean 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 performing such other duties relating to land subdivision as may be conferred on the committee by the Board.
ACCESSORY USE OR STRUCTURE shall mean a use or structure subordinate to the principal use of a building or structure on the same zone lot and serving a purpose customarily incidental to the principal use of the principal building.
ADDITION shall mean an extension or increase in floor area or height of a building or structure.
ALLEYWAY shall mean a private driveway in Planned Residential Developments for providing direct vehicular access to residential units, not required for general circulation and not exceeding six hundred (600) feet in length with dual access, nor three hundred (300) feet in length with single access to a public or private roadway.
ALTERATION shall mean a change or rearrangement in the structural parts or in means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.
ANIMAL HOSPITAL shall mean a place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to hospital use and treatment.
ANIMAL KENNEL shall mean any building, structure or premises in which animals are kept, boarded or trained for commercial gain.
ANTENNA shall mean any device specifically designed for the reception or transmission or both, of radio frequency signals.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-(O)- 23.
APARTMENT shall mean a portion of a building consisting of a group of rooms used as a dwelling for a family and set apart as a separate unit from other units or portions of the building.
APPLICANT shall mean a developer submitting an application for development.
APPLICATION FOR DEVELOPMENT shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of issuance of a permit pursuant to law.
APPROVING AUTHORITY shall mean the Planning Board of the Town of Kearny unless a different agency is designated by ordinance.
AUTOMOBILE SERVICE STATIONS OR GASOLINE STATION shall mean a public building or place of business where gasoline, fuel, oil and grease and/or batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade and where minor repair service is rendered.
BAY WINDOW shall mean a window projecting beyond the wall line of the building and extending down to the foundations.
BASEMENT shall mean a story partly above grade level having more than one-half () of its floor-to-ceiling height above the average level of the adjoining ground. A basement shall be counted as a story if used for business or dwelling purposes.
BATHROOM shall mean a room in a dwelling containing bathtub or shower, water closet and a water basin.
BEDROOM shall mean a room in a dwelling in which one (1) or more persons normally sleep.
BILLBOARD shall mean a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
BOARD shall mean the Planning Board of the Town of Kearny.
BOARDING HOUSE OR ROOMING HOUSE shall mean a residence structure other than a motel or hotel where lodging and/or meals are provided for compensation.
BUILDING shall mean a combination of materials to form a construction adopted to permanent, temporary or continuous occupancy and having a roof.
BUILDING COVERAGE shall mean that portion of a lot which is occupied by all principal and accessory buildings, but not including covered walkways, steps, patios, decks, uncovered porches, parking lots, or outdoor residential swimming pools and swimming pool decks, or similar improvements thereto. In the event that any other floor of a building exceeds the dimensions of the ground floor, the area of the larger floor shall be used in the computation of building coverage.
BUILDING, PRINCIPAL shall mean a structure in which is conducted the principal use of the site on which it is situated.
CARPORT shall mean a roofed structure providing space for the parking of motor vehicles and enclosed on not more than two (2) sides.
CELLAR shall mean a story partly above grade level having more than one-half () of its floor-to-ceiling height below the average level of the adjoining ground. No cellar or portion thereof shall be used as a dwelling unit.
CERTIFICATE OF OCCUPANCY shall mean the certificate issued by the construction official which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building or land, the special stipulations or conditions of the building permit and authorization, where appropriate, by the Approving Authority.
CHANGE OF USE shall mean any use which substantially differs from the previous use of a building or land.
CHASIS means a special trailer or undercarriage on which containers are moved over the road by truck.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-(O)- 64.
CHILD DAY CARE CENTER shall mean a facility providing a program less than twenty-four (24) hours per day per child for the care of more than five (5) children, two and one-half (2 ) years or older.
CLUBS, LODGES, SOCIAL AND COMMUNITY CENTER BUILDING shall mean a building or structure used to house a group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees or dues, and regular meetings.
CO-LOCATION shall mean the mounting of personal wireless service facilities used by two or more competing. providers on the same antenna support structure, monopole or antenna tower.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-(O)- 23.
COMMERCIAL OR INDUSTRIAL DRIVEWAY shall mean a driveway providing access for commercial or industrial use of property.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-O-70.
COMMON DRIVEWAY shall mean two or more driveways on adjoining properties, which share a single access point onto a town street or road.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-O-70.
COMMON OPEN SPACE shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use and enjoyment of residents and owners of the development.
CONTAINER means a recognized vehicle for transporting cargo, comprised of a box constructed with varying dimensions to withstand shipment conditions in transportation. Containers may be transferred between different transportation systems. When mounted on a chasis, it comprises a trailer. Standard measuring unit for a container is a TEU (Twenty-foot Equivalent Unit). One standard 40-foot container equals two TEU's.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-(O)- 64.
CONVENTIONAL HOUSING shall mean any residential development other than limited income house, (LIH) as defined in this chapter.
COURT shall mean a court is an unoccupied space which is bounded by three (3) or more attached building walls other than a front, side, or rear yard on the same lot with the principal building.
COURT, DEPTH OF AN OUTER . The horizontal dimensions between its open end and the end opposite.
COURT, HEIGHT OF. The vertical distance from the lowest level it is required to serve to the top of the highest wall which bounds it within the same lot.
COURT, INNER . A court entirely enclosed by walls or opening on a side lot line.
COURT, OUTER . A court opening for its full width on a street, a front yard, a rear yard, or a side yard.
COURT, WIDTH OF AN INNER . Its lesser horizontal dimension.
COURT, WIDTH OF AN OUTER . Its horizontal dimension parallel with its principal open end.
CROSS DOCKING means loading docks situated along parallel walls.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-(O)- 64.
CURB LEVEL shall mean the mean level of the curb at that street frontage of the building where the average curb level is highest. Where the lot level is higher than the curb level, the average level of the former along the wall in question may be taken as the base for measuring the height of a wall adjacent to a yard or court.
DAY NURSERY shall mean a facility providing a program less than twenty-four (24) hours per day per child for the care of more than five (5) children not more than two and one-half (2 ) years old.
DENSITY, GROSS shall mean a number expressing dwelling units per gross acre of land within a parcel of property.
DEVELOPER shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT shall mean the division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required.
DEVELOPMENT GROUP shall mean the development of land and more than one (1) principal building or structure on a zone lot designated to be maintained and operated by one (1) or more persons, planned as an entity and therefore susceptible to development and regulation and a complex land use unit, rather than an aggregate of individual buildings or structures located on separate unrelated lots or parcels.
DISTRICT shall mean a district or a zone shall be any portion of the territory of the Town of Kearny within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DORMITORY shall mean a space in a building where group sleeping accommodations are provided for persons not members of the same family group, in one (1) room, or in a series of closely associated rooms.
DRIVEWAY shall mean a private driveway, alleyway, road, or other avenue of vehicular travel that runs through any part of a private parcel of land that connects to a public roadway.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-O-70.
DRIVEWAY IMPROVEMENT shall mean the upgrading or re-construction of pre existing driveway such as adding or replacing permanent surface, i.e., concrete or asphalt.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-O-70.
DUPLEX TOWNHOUSE shall mean a dwelling unit designed for and occupied by no more than one (1) family or household. Each such dwelling unit is comprised of more than one (1) level and has direct access to the outdoors. Such unit may be situated partially or wholly above or below another similar unit; provided, however, that no more than two (2) such units may be included in a building between two (2) party walls which extend from the foundations to and through the roof and which may be attached to no more than two (2) buildings accommodating townhouses or duplex townhouses or apartments. Each duplex townhouse shall be provided with individual cooking, sleeping and sanitary facilities for the use of one (1) family or household. For the purpose of this chapter a duplex townhouse may be in condominium, cooperative or leasehold ownership or any combination thereof.
DWELLING, ONE FAMILY shall mean a detached building on a single lot containing one (1) dwelling unit. A one (1) family dwelling unit is also referred to as a "single family dwelling."
DWELLING, TWO FAMILY shall mean a structure on a single lot containing two (2) dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or unpierced ceiling an floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units or any structure containing two, dwelling units regardless of the buildings' configuration.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2000- (O)-27.
DWELLING, MULTIPLE FAMILY shall mean a structure containing more than two (2) dwelling units with direct access from the outside for each dwelling unit or through a common hall.
DWELLING UNIT shall mean one (1) or more rooms, designed, occupied or intended for occupancy as separate living quarters, with one (1) kitchen and sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
ESSENTIAL SERVICE shall mean the erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stations, telephone lines and accessories herewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety, or general welfare.
FAA APPLICATION , shall mean 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.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-(O)- 23.
FAA FILINGS , shall mean 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 Federal Aviation Administration; notices of appeal; all briefs and other documents on appeal; and all other related matters.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-(O)- 23.
FAMILY shall mean any number of persons related by blood, marriage or adoption living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common. A family shall also include foster children placed with a family in such dwelling by the Division of Youth and Family Services in the Department of Institutions and Agencies or a duly incorporated child care agency and children placed pursuant to law in single-family dwellings known as group homes.
FCC APPLICATION , shall mean 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.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-(O)- 23.
FCC FILING , shall mean any application with all attachments, exhibits, appendices, memoranda, amendments, supplements, and comments; all correspondence addressed 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.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-(O)- 23.
FLOOR AREA shall mean the sum of the gross horizontal areas of the several floors of a building measured from the exterior walls in a building. Floor area shall not include areas devoted to mechanical equipment serving the building, stairways and elevators, areas devoted exclusively to off-street parking and loading space for motor vehicles, and to any space where the floor to ceiling height shall be less than seven (7) feet.
FLOOR AREA RATIO (F.A.R.) means the gross floor area of all buildings and structures, including parking decks, on the lot divided by the lot area.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2004- (O)-64.
FREIGHT FORWARDING means an establishment primarily engaged in the transshipment of goods from shippers to receivers for a charge, covering the entire transportation route and, in turn, making use of services of other transportation establishments as instrumentalities in effecting delivery. Freight forwarding facilities may include areas for the temporary storage, transfer, repacking, consolidation or distribution of such goods and accessory parking and servicing of trucks and trailers.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-(O)- 64.
GARAGE, PRIVATE RESIDENTIAL shall mean a structure which is accessory to a residential building and which is used primarily for the parking and storage of vehicles owned and operated by the residents thereof, and which is not a separate commercial enterprise available to the public.
GARAGE, PRIVATE COMMERCIAL shall mean a structure which is accessory to a nonresidential establishment, building, or use and is primarily for the parking and storage of vehicles operated by the customers, visitors, and employees of such building.
GARAGE, PUBLIC shall mean a building or structure for the storage or parking of vehicles and in which provisions may be made for repairing or servicing of such vehicles as a use incidental to the vehicle storage use.
GARDEN APARTMENT shall mean one (1) or more multiple-family buildings not exceeding three (3) stories or thirty-five (35) feet in height, containing off-street parking, outdoor recreation facilities, landscaped areas and other appurtenant facilities.
HEIGHT OF A BUILDING shall mean the vertical distance measured, in the case of flat roofs, from the curb level to the level of the highest point of the room beams adjacent to the street wall and, in the case of pitched roofs, from the curb level to the mean height level of the gable or of the main roof slope.
HEIGHT OF A COURT shall mean the vertical distance from the lowest level it is required to serve to the top of the highest wall which bounds it within the same lot.
HEIGHT OF AN ANTENNA , if required to be measured from ground level, shall mean the measurement which is made from the mean grade of the surrounding terrain to a radius of 50 feet and up to and including the highest point of the antenna or antenna support, whichever is higher. Height from ground level shall be measured from mean surface grade ground level regardless of whether or not the antenna support is mounted on an existing structure or extends to ground level.
Height of an Antenna, if required to be measured from the roof line, shall mean the measurement which is made from the exterior surface of the roof covering the top floor of the building, but shall not include any penthouse, structure, or enclosure used solely to house heating, ventilating, air-conditioning, elevator, or other utility facilities.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-(O)- 23.
HISTORIC SITE shall mean any building, structure, area or property that is significant in the history, architecture, archeology or culture of this State, its communities or the Nation and has been so designated.
HOME OCCUPATION shall mean any activity carried out for gain by a resident conducted as an accessory use in the residence dwelling unit.
HOTEL shall mean any building containing six (6) or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests.
HOUSEHOLD shall mean a family or a group of not more than three (3) persons who are not so related living together as a single housekeeping unit.
IMPROVED LOT COVERAGE shall mean the percentage of lot area which is improved with principal and accessory buildings and structures, exclusive of decks, uncovered porches, outdoor residential swimming pools and pool decks, but including driveways, parking lots, pedestrian walkways, signs, and other manmade improvements on the ground surface.
INDIGENOUS LIMITED INCOME HOUSEHOLD shall mean a low income or moderate income household which includes at least one (1) resident of the Town of Kearny or at least one (1) salaried employee of the Town of Kearny, or at least one (1) salaried employee of the Board of Education of the Town of Kearny.
INTERMODAL FACILITY means a facility principally used for the transfer of cargo from one mode of transportation to another. The cargo is primarily containerized and is not broken down or consolidated on site. Intermodal facilities may include trailer parking areas and interior areas for the repair and servicing of trailers, containers, and trucks utilized on site.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-(O)- 64.
JOINT DRIVEWAY . See definition of "Common Driveway" above.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-O-70.
JUNKYARD shall mean the use of any area, lot, parcel, building or structure for the storage, sale, processing, or abandonment of junk including scrap metal and other materials, or for the dismantling, demolition or abandonment of any inoperable mechanical equipment, machinery, or vehicles or parts thereof A "junkyard" shall not include the storage of materials for processing of discarded or salvaged materials as part of a permitted industrial or recycling operation on the same premises.
LIMITED INCOME HOUSING (LIH) shall mean dwelling accommodations made available to indigenous or non indigenous low and moderate income households at costs not exceeding the limits provided in subsection 38-6.10d.
LOT shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. (Also known as a zone lot.)
LOT, CORNER . A parcel of land at the junction of and abutting on two (2) or more intersecting streets. The owner of a "corner lot" in any district may, at the time application is made for a building permit designate either street frontage as the front of the lot. The principal structure must face on the frontage selected.
LOT, INTERIOR . A parcel of land other than a corner lot.
LOT, THROUGH . A parcel of land which extends through from one (1) street to another.
LOT AREA shall mean the computed area contained within the lot lines.
LOT DEPTH shall mean a mean horizontal distance between the front lot line and the rear lot line, measured perpendicular or radial to the front lot line to the furthest distance thereof.
LOT FRONTAGE shall mean the length of the front lot line.
LOT LINES shall mean a line of record bounding the lot.
LOT LINE, FRONT . The lot line separating the lot from the street right-of-way. Also referred to as a "street line."
LOT LINE, REAR . The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE . Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
LOT WIDTH shall mean the distance between the side lines measured parallel to the front lot line at the required front yard setback line.
LOW INCOME HOUSEHOLD shall mean a household in which the total income is not more than that specified in subsection 38-6.10d.
MALL shall mean a mall is a roofed over common pedestrian area serving more than one (1) tenant within a covered building.
MARQUEE sign shall mean a sign attached to or hung from a marquee canopy or other covered structure projecting from and supported by the building and extending beyond the building wall, building line or street lot line.
MEZZANINE shall mean an intermediate level between the floor and ceiling of any story, and covering not more than thirty-three (33%) percent of the floor area of the room in which it is located. An intermediate level exceeding thirty-three (33%) percent of the floor area of the room in which is it located is considered another story.
MODERATE INCOME HOUSEHOLD shall mean a household in which the total income is not less nor more than that specified in subsection 38-6.10d.
MOTEL shall mean a hotel as defined in this chapter.
MOTOR FREIGHT FACILITY means truck terminal.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-(O)- 64.
MULTI-FAMILY APARTMENT HOUSE shall mean a building or portion thereof containing more than two (2) dwelling units and not classified as a one (1) or two (2) family dwelling, or a townhouse. (See definition for "Dwelling, multiple- family.")
NONCONFORMING LOT shall mean a lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but 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 shall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this 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 shall mean a use or activity which was lawful prior to the adoption, revision or amendment of this 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.
NONINDIGENOUS LIMITED INCOME HOUSEHOLD shall mean a low income household or a moderate income household other than an indigenous limited income household as defined in this chapter.
OCCUPANCY shall mean the purpose for which a structure or part thereof or premises is used or intended to be used.
OFFSITE shall mean located outside the lot lines of the lot in question but within the property (of which the lot is part) which is the subject of a development application or contiguous portion of a street right-of-way.
OFF-TRACT shall mean not located on the property which is the subject of a development application nor on a contiguous portion of a street right-of-way.
ONSITE shall mean located on the lot in question.
ON-TRAC t shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated or reserved for public or private use or enjoyment or for the use and enjoyment of the 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.
ORIEL WINDOW shall mean a window projected beyond and suspended from the wall of a building or cantilevered therefrom.
PARKING AREA, PRIVATE shall mean any open area used for the temporary storage of automobiles and other vehicles for the use solely by the occupants thereof to which such use is accessory.
PARKING AREA, PUBLIC shall mean any open area other than a street or other public way used for the temporary storage of automobiles and other vehicles and available to the public whether for a fee, or without compensation, or as an accommodation for clients, customers, or employees.
PARTY WALL shall mean a common shared wall on an interior lot line between two (2) separate structures, buildings, or dwelling units
PENTHOUSE shall mean an enclosed structure above the roof of a building, other than a roof structure or bulkhead, occupying not more than thirty-three (33%) percent of the roof area.
PERMIT shall mean an official document or certificate issued by the approving authority having jurisdiction, authorizing performance of a specified activity not otherwise forbidden by law.
PERSON shall mean any individual, association, partnership, corporation or cooperative group
PERSONAL WIRELESS SERVICE , shall mean mobile services, unlicensed wireless services and common carrier wireless exchange access services, including cellular radiotelephone, specialized mobile radio system and personal communications services.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-(O)- 23.
PLAN shall mean the provisions for development of a planned development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, public or private streets, ways and parking facilities, open space and public facilities. The phrase "provisions of the plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
PLANNED DEVELOPMENT shall mean planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED COMMERCIAL DEVELOPMENT shall mean an area of a minimum contiguous size as specified by ordinance 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 other uses incidental to the predominant use as may be permitted by ordinance.
PLANNED INDUSTRIAL DEVELOPMENT shall mean an area of a minimum contiguous size as specified by ordinance 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 other uses incidental to the predominant use as may be permitted by ordinance.
PLANNING BOARD shall mean the Planning Board of the Town of Kearny.
PUBLIC AREAS shall mean public areas including a. public parks, playgrounds, trails, paths and other recreational areas; b. other public open spaces; c. scenic and historic sites; and d. sites for schools and other public buildings and structures.
PUBLIC BUILDING shall mean any building which is primarily used and/or primarily occupied by the United States, the State of New Jersey, the Town of Kearny, or any subdivision or agency thereof, which building is used primarily for police, fire, public health, education, recreation, or any other governmental purpose.
PUBLIC OPEN SPACE shall mean 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 conservation uses.
REDEVELOPMENT AREA , shall mean an area determined to be in need of redevelopment pursuant to the "Local Redevelopment and Housing Law," N.J.S.A. 40A:12A-1, et seq.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-(O)- 23.
RELOCATE DRIVEWAY shall mean a change in access point, general design, length or drainage of an existing driveway.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-O-70.
REPAIR shall mean the reconstruction or renewal of any part of an existing building for the purpose of its maintenance.
RESIDENTIAL CLUSTER shall mean an 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.
RESIDENTIAL DRIVEWAY shall mean a driveway providing access used for a single, two-family or multi-family purposes only.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-O-70.
RESTAURANT shall mean a building or structure designed, used or intended for use in which either food or beverage or both are sold and consumed primarily within the confines of an enclosed structure on the site. A restaurant shall not include refreshment stands commonly called snack or dairy bars where consumption takes place outside of the structure or in automobiles parked upon the premises, whether brought to the automobiles by the customer or by employees of the establishment. A restaurant shall also include pick-up delivery services wherein food is prepared on the premises for off-premises consumption.
RESTAURANT, FAST FOOD shall mean an establishment whose principal business is the sale of pre-packaged or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises.
SATELLITE DISH ANTENNA shall mean a device or instrument used for the reception of television or other electronic communications signal broadcast or relayed from an earth satellite. It may be a solid, open mesh, or bar configured structure in the shape of a shallow disk or parabola.
SIGN shall mean any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public.
SIGN AREA shall mean the entire face of a sign including the advertising surface and any framing, trim, or molding, but not including the supporting structure. The sign area of mounted lettering or graphics shall be the rectangle of smallest dimensions enclosing such lettering or graphics.
SIGN, GROUND shall mean any sign placed upon or supported by the ground independent of any other structure and advertising only the businesses or services located on the same lot.
SIGN, PROJECTING shall mean a sign mounted at right angles to the face of the building.
SIGN, ROOF shall mean a sign mounted on the roof of a building.
SIGN, WALL shall mean a sign fastened parallel to the wall of a building which does not project more than eight (8) inches beyond the surface of the wall.
SITE PLAN shall mean a representation of the proposed development, redevelopment, expansion or improvement of one (1) or more parcels of land and/or buildings in accordance with the rules and procedures of the Kearny Town Subdivision and Site Plan Ordinance.
SIGHT TRIANGLE shall mean a triangle-shaped easement established at the intersection of two (2) streets or a driveway and a street in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between the height of two (2) feet and six (6) inches above the center-line grade of the street or driveway. The triangle shall be determined along such street lot lines or edges of driveway twenty-five (25) feet distant from their property line.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-O-70.
STANDARDS OF PERFORMANCE shall mean standards a. adopted by ordinance regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Town of Kearny, or b. required by applicable Federal, State or Interstate law.
STORY shall mean that part of any building comprised between any floor and the floor or roof next above.
STORY, HALF A story under a pitched roof at the top of a building the floor of which is not more than two (2) feet below the plate.
STORY, FIRST . Any story having its finished floor surface entirely above grade except that the lowermost story shall not constitute a story within the meaning of Schedule IV-2 when it is used to provide required off-street parking in the form of a garage built in a one (1) or two (2) family dwelling. The foregoing paragraph shall not apply in the R-1M zone where the maximum height shall be limited to 2 1/2 stories and 35 feet in height and any above grade floor shall count as a story including the garage space.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2004- (O)-12.
STREET shall mean any 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 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 of 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.
STRUCTURE shall mean a combination of materials to form a safe and stable construction for occupancy, use, or ornamentation, whether installed on, above or below the surface of a parcel of land. Structures, or parts thereof, may include and are not limited to buildings, stadiums, reviewing stands, platforms, stagings, observation towers, radio towers, satellite dish antennas, water tanks and towers, trestles, piers, wharves, coal bins, container units, shelters, fences, steps, retaining walls, and display signs
SWIMMING POOL shall mean any structure having a depth greater than two (2) feet and a water surface area in excess of one hundred fifty (150) square feet which is used for swimming, bathing or wading purposes.
TELECOMMUNICATIONS , shall mean the electrical or electronic transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
TELECOMMUNICATIONS EQUIPMENT , shall mean equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades).
TELECOMMUNICATIONS SERVICE , shall mean the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public; regardless of the facilities used.
TOPOGRAPHY shall mean the surface features of an area of land.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-O-70.
TOWER , shall mean a freestanding antenna support structure.
**Webmasters Note: The previous definitions, Telecommunications through Tower, have been added as per Ordinance No. 2003-(O)-23.
TOWNHOUSE shall mean a building designed for or occupied by no more than one (1) family or household and attached to other similar buildings or structures by not more than two (2) party walls extending from the foundation to and through the roof. Furthermore, each such dwelling unit shall be provided with cooking, sleeping and sanitary facilities for the use of each family or household of the townhouse. For the purpose of this chapter, a townhouse may include a building or structure in fee simple, condominium, cooperative or leasehold ownership or any combination thereof.
TRAILER means (i) a structure on wheels, towed or hauled by another vehicle and used for carrying materials, goods or objects, or (ii) a structure used as a temporary construction office in connection with construction projects.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-(O)-
64.
TRUCK TERMINAL means an establishment primarily engaged in furnishing, hauling, or transfer services without long-term product or cargo storage and where trucks load and unload products or cargo for transshipment or reshipment without accessory consolidation, repacking or value added services. A truck terminal may also include accessory areas for the repair, service, maintenance, temporary storage, or parking of trucks.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-(O)- 64.
USE shall mean the specific purpose for which land or building is designed, arranged, intended or for which it is or may be occupied or maintained.
WAREHOUSE AND DISTRIBUTION FACILITY means an establishment primarily used for the (i) indoor long term storage and or distribution of goods, products or materials, or (ii) accessory consolidation, repackaging and value-added services of or to goods, products or materials. Such facility may include accessory areas for the repairs, service, maintenance, temporary storage or parking of trucks.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-(O)- 64.
WIRELESS TELECOMMUNICATIONS , shall mean the transmission and receipt of writing, signs, signals, pictures, and sounds of all kinds without the aid of wire, cable, or other like connection between the points of origin and reception of such transmission.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-(O)- 23.
YARD shall mean an open space, which lies between the principal or accessory building or buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.
YARD, FRONT shall mean an open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter. The depth of the front yard shall be measured perpendicular to the front lot line.
YARD, REAR shall mean an open, unoccupied space across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal or accessory building. The depth of the rear yard shall be measured perpendicular to the rear property line.
YARD, SIDE shall mean an open, unoccupied space between the side line of the lot and the nearest line of the principal or accessory building and extending from the front to the rear yard. The width of the side yard shall be measured perpendicular to the side line of the lot.
VARIANCE shall mean the approving authority's authorized departure from the literal requirements and terms of this chapter in accordance with the procedures contained herein.
ZONE LOT . See definition for lot.
ZONING BOARD shall mean the Board of Adjustment established under this chapter.
ZONING MAP shall mean the Zoning Map of the Town of Kearny, New Jersey, together with all amendments subsequently adopted.
ZONING PERMIT means that document defined by N.J.S.A. 40:55D-7, and issued by the Zoning Official, which permits the use or erection, construction, reconstruction, alteration, conversion, or installation of a structure or building, and which acknowledges that such use, structure, or building complies with the provisions of the municipal zoning ordinance or variance duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2003- (O)-31.
AWNING shall mean a flexible covering constructed out of acrylic canvas (Sunbrella brand or similar) over a rigid or fixed canopy-lie frame that is affixed to a building wall and must be of a shape and color that compliments the architecture of the building.
AWNING SIGNS shall mean a sign applied directly to a flexible covering over a rigid or fixed canopy-like frame that is affixed to a building wall. An awning sign shall be considered as a sign which projects perpendicularly from a building wall for purposes of this paragraph.
BUSINESS DISTRICT shall mean the area of the Town of Kearny located within the C-1, C-2, C-3 and C-4 Zone Districts as shown on the official Zoning Map.
GROUND SIGN shall mean freestanding signs permanently affixed, anchored or secured to the ground. They must be made out of wood, framed aluminum or any other solid traditional material.
PORTABLE SIGN shall mean any freestanding sign not permanently affixed, anchored or secured to the ground. Portable signs may include sandwich signs and blackboards.
PROJECTING SIGNS shall mean any signs made out of wood, komatex (rigid plastic), or framed aluminum which shall be prohibited at height less than nine (9') feet above the sidewalk and may not exceed ten (10) square feet in area.
SIGN shall mean any structure, light, letter work, model, banner, pennant, insignia, trade flag or representation of any other device used to advertise, inform or attract the attention of the public and which is designed to be seen from outside a building, excluding window displays of merchandise and informational material incidental to the display or sale of merchandise.
SIGN AREA shall mean:
i. For a sign painted upon or applied/attached to a building, the area is considered to include all lettering, wording and accompanying designs and symbols, together with the background of a different color than the natural or primary color of the building.
ii. Where the sign consists of individual letters or symbols attached to or painted on a building, awning or wall, the area shall be considered to be that of the smallest rectangle or other geometric shape that encompasses all of the letters, designs or symbols.
iii. Only one (1) side of a double-faced sign will be counted in computing the area of that sign.
iv. The area of a flat, irregularly shaped sign shall be the smallest plane geometric figure that will wholly contain it.
WALL SIGNS shall mean non-illuminated signs that can be made out of wood, komatex (rigid plastic), or framed aluminum.
WINDOW SIGN shall mean any sign temporarily or permanently affixed to the glass of a window or door of a business or that is visible through a window or door and placed on a regular basis within three (3) feet of the glass.
DISTRIBUTOR The person, corporation, employee or agent who places and maintains or operates a newsrack in a public right of way as herein defined.
DRIVEWAY That surface, whether improved or not, over and by which ingress and egress is made by private or public property or by which vehicles move from private or public property onto a street.
NEWSPAPER News Periodicals, News Magazine, Any newspaper, periodical or magazine of general circulation as defined by general law; any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation; and any newspaper filed and recorded with any recording officer, as provided by general law.
NEWSRACK Any self-service or coin-operated box, container, storage unit or other dispenser erected, installed, maintained or operated for the display, distribution and/or sale of newspapers, circulars, pamphlets, news periodicals, magazines, or other similar publications. Public Right of Way, A street, sidewalk or roadway. Roadway, That portion of a street improved, designated or ordinarily used for vehicle travel.
SIDEWALK Any public surface or area provided for the use of pedestrians, including the area between the curb of any street and the sidewalk, or, if there is no sidewalk, the area between the edge of the street and the property line adjacent thereto.
STREET All that area dedicated to public use for public street purposes and shall include but not be limited to roadways, parkways, alleys and sidewalks.
AWNING SIGN - A sign applied directly to a flexible covering over a rigid or fixed canopy-like frame that is affixed to a building wall. An awning sign shall be considered as a sign which projects perpendicularly from a building wail r or purposes of this ordinance.
BUSINESS DISTRICT - The area of the Town of Kearny located within the C-1, C-2, C-3 and C-4 zone districts as shown on the official Zoning Map.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2003- (O)-34.
GROUND SIGN - A freestanding sign permanently affixed, anchored or secured to the ground.
PORTABLE SIGN - A freestanding sign not permanently affixed, anchored or secured to the ground. Includes sandwich boards and blackboards.
SIGN - Any structure, light, letter work, model, banner, pennant, insignia, trade flag or representation or any other device used to advertise, inform or attract the attention of the public and which is designed to be seen from outside a building. excluding window displays of merchandise and informational material incidental to the display or sale of merchandise.
SIGN AREA -
(1) For a sign painted upon or applied/attached to a building, the area is considered to include all lettering. wording and accompanying designs and symbols. together with the background of a different color than the natural or primary color of the building.
(2) Where the sign consists of individual letters or symbols attached to or painted on a building. awning or wall, the area shall be considered to be that of the smallest rectangle or other geometric shape that encompasses all of the letters, design or symbols.
(3) Only one (1) side of a double-faced sign will be counted in computing the area of that sign.
(4) The area of a flat, irregularly shaped sign shall be the smallest plane geometric figure that will wholly contain it.
TEMPORARY SIGN shall mean a sign authorized for only a limited period of time by the Construction Official at the time of the issuance of a permit therefor. By way of illustration and not limitation, a temporary sign may be a sign informing the public of the opening or relocation of a business, a sale, an anniversary or other finite event.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2003- (O)-34.
WINDOW SIGN - Any sign temporarily or permanently affixed to the glass of a window or door of a business or that is visible through a window or door and placed on a regular basis within one (1) foot of the glass.