Glossary forNewark (City of), Essex County, NJ

ALLEY shall mean a minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.

APPLICANT shall mean a developer submitting an application for development.

APPLICATION FOR DEVELOPMENT shall mean the application form and all accompanying documents required by this chapter for subdivision or site plan approval.

BOARD OF ADJUSTMENT shall mean the administrative board of the City of Newark established pursuant to N.J.S. 40:55D-1 et seq.

BUILDING shall mean a combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

CENTRAL PLANNING BOARD shall mean the administrative board of the City of Newark established pursuant to N.J.S. 40:55D-1 et seq.

CIRCULATION shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.

CITY shall mean the City ofNewark.

CLERK shall mean the Clerk of the Municipal Council of the City ofNewark.

COMPLETE APPLICATION shall mean an application form completed and specified by this chapter and the rules and regulations of the Reviewing Board, and all accompanying documents required by ordinance for approval of the application for development, including where applicable, but not limited to, a site plan or subdivision plat provided that the Reviewing Board may require such additional information not specified in the ordinance, or any revisions in the accompanying documents, as are reasonably necessary or to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such revisions in the accompanying documents so required by the Reviewing Board. An application shall be certified as complete immediately upon the meeting of all requirements specified in this chapter and in the rules and regulations of the Reviewing Board, and shall be deemed complete as of the day it is so certified by the Secretary to the Central Planning Board for purposes of the commencement of the time period for action by the Reviewing Planning Board.

CONSTRUCTION CODE OFFICIAL shall mean the Director of Engineering pursuant to City Ordinance 6 S+FA adopted December 21, 1977.

COUNTY shall mean County of Essex, New Jersey.

DAYS shall mean calendar days.

DEPARTMENT OF ENGINEERING shall mean an administrative department of the Newark Municipal Government established pursuant to Title II, Chapter 8 of the Revised General Ordinances of the City.

DEVELOPER shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a subdivision, 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 construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining or excavation or land fill, and any use or change in the use of any building or structure, or land or extension of use of land, for which permission may be required pursuant to this Title.

DIRECTOR shall mean the Director of Department of Engineering.

DRAINAGE shall mean the removal of surface water or ground water from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation, or prevention or alleviation of flooding.

DRAINAGE RIGHT-OF-WAY shall mean the land required for the installation of storm water sewers or drainage ditches, or required along a natural stream or water course for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

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 Reviewing Board taken on a preliminary approval of the subdivision after all conditions as stated in the preliminary approval and/or other requirements have been completed and guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantee.

LAND shall mean and include improvements and fixtures on, above or below the surface.

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 GUARANTEE shall mean any security, other than cash, which may be accepted by the City for maintenance of any improvements required by this Title.

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 the City as set forth in and adopted pursuant to the Municipal Land Use Law, Chapter 291, Laws of New Jersey, 1975 (N.J.S. 40:55D-28 et seq.).

MINOR SUBDIVISION shall mean any subdivision creating two (2) lots or fewer, all of which fronting on an existing improved street provided that:

a. Such subdivision does not involve any new street or the extension, widening or the extension of any improvement of an existing street or of any off-tract improvement or planned development or municipal utilities; and

b. Does not adversely affect adjoining property; and

c. It is not in conflict with any provisions or portion of the Master Plan, Official Map, or Zoning Ordinance or this Title; and

d. The lot, tract or parcel being subdivided, was not created by subdivision within one (1) year prior to submission of application for subdivision approval; and

e. Where subdivision involves land in Urban Redevelopment project areas and areas designated for community development, paragraphs (a) and (d) do not apply.

MUNICIPAL COUNCIL shall mean the Governing Body which acts as the chief legislative body of the City of Newark.

OFFICIAL MAP shall mean a map adopted pursuant to the Municipal Land Use Law, N.J.S. 40:55-32 et seq. Such official map shall be deemed conclusive with respect to 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 a part) which is the subject of a development application or contiguous portion of a street or right-of-way.

OFF-STREET shall mean not located on the property which is the subject of a development application nor a contiguous portion of a street or right-of-way off tract.

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, designated or reserved for public or private use or 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.

OWNER shall mean any person, as such term is defined in Section 1:1-3 of these Revised General Ordinances, having a proprietary interest in any land sought to be subdivided in pursuance of this Title.

PERFORMANCE GUARANTEE shall mean any security, which may be accepted by the City, including cash, provided that the City shall not require more than ten (10%) percent of the total performance guarantee in cash.

PLAT shall mean a map or maps of a subdivision or site plan.

PRELIMINARY APPROVAL shall mean the conferral of certain rights pursuant to the Municipal Land Use Law, (N.J.S. 40:55-47, 40:55-48, 40:55D-49 and 40:55-50 et seq.), prior to final approval after specific elements of a development plan as required by the Planning Board, that have been agreed upon by the applicant.

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 use.

RESUBDIVISION shall mean (1) 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 (2) the alteration of any streets or the establishment of any new 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.

REVIEWING BOARD shall mean the Newark Central Planning Board or Board of Adjustment, whichever Board has jurisdiction over the particular application pursuant to N.J.S. 40:55D-60 et seq.

SCREENING OFFICER shall mean the Secretary of the Central Planning Board of the City.

SECRETARY shall mean the Secretary to the Central Planning Board of the City.

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 product of erosion.

SHALL : The term indicates a mandatory requirement and the term "May" indicates a permissive action.

SITE shall mean any plot parcel or parcels of land.

STREET shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing State, County, or City roadway, or (2) which is shown upon a plat heretofore approved pursuant to the law, or (3) which is approved by official action as provided in this chapter, or (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of the Planning Board and the grant to such board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:

PRINCIPAL ARTERIAL SYSTEM . Streets and highways serving major metropolitan activity centers, the highest traffic volume corridors, the longest trip desires, and a high proportion of total urban area travel on a minimum of mileage. Service to abutting land should be subordinate to the provision of travel service to major traffic movements. This system carries the major portion of trips entering and leaving an urban area, as well as the majority of through movements desiring to bypass the central city, and normally will early important intraurban as well as intercity bus routes.

MINOR ARTERIAL STREETS SYSTEM . Streets and highways interconnecting with and augmenting the City's principal arterial system and providing service to trips of moderate length at a somewhat lower level of travel mobility. The system places more emphasis on land access and distributes travel to geographic areas smaller than those identified with the higher system. It includes all arterials not classified as principal.

COLLECTOR STREETS SYSTEM . Streets penetrating neighborhoods, collecting traffic from local streets in the neighborhoods, and channeling it into the arterial systems. A minor amount of through traffic may be carried on collector streets, but the system primarily provides land access service and carries local traffic movements within residential neighborhoods, commercial, and industrial areas. It may also serve local bus routes.

LOCAL STREETS SYSTEM . Streets not classified in a higher system, primarily providing direct access to abutting land and access to the higher systems. They offer the lowest level of mobility and usually early no bus routes. Service to through traffic is deliberately discouraged.

SUBDIVISION shall mean the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivision within the meaning of this Act, if no new streets are created: (1) division of land found by the Central Planning Board or Subdivision Committee thereof appointed by the chairperson to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size, (2) divisions of property by testamentary or intestate provisions, (3) divisions of property upon court order, including but not limited to judgments of foreclosure, (4) consolidation of one (1) or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Screening Officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the City of Newark. The term "subdivision" shall also include the term "resubdivision."

ALLEY shall mean a minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.

APPLICANT shall mean a developer submitting an application for development.

APPLICATION FOR DEVELOPMENT shall mean the application form and all accompanying documents required by this chapter for approval of a site plan.

AUTOMOTIVE shall mean a land use category that consists of any business operation primarily related to the selling, servicing, repairing, fueling, cleaning, storing, parking, or in any other way serving the needs of automobiles including but not limited to car dealerships, commercial garages, gas stations, and car washes.

BOARD OF ADJUSTMENT shall mean the administrative board of the City of Newark established pursuant to N.J.S. 40:55D-1 et seq.

BUILDING shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof

CATEGORY , as defined herein, shall mean a broad classification of land uses. Categories can include but are not limited to automotive, commercial, industrial, institutional, residential, or warehousing, as defined herein.

CENTRAL PLANNING BOARD shall mean the administrative board of the City of Newark established pursuant to N.J.S. 40:55D-1 et seq.

CITY shall mean the City of Newark.

CLERK shall mean the Clerk of the Municipal Council of the City ofNewark.

COMMERCIAL shall mean a land use category that consists of a place of activity involving the sale of goods or services or the operation of an office.

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.

CONSTRUCTION CODE OFFICIAL shall mean the Director of Engineering pursuant to Section 7:1-2.

COUNTY shall mean County of Essex, New Jersey.

DAYS shall mean calendar days.

DEPARTMENT OF ENGINEERING shall mean an administrative department of the Newark municipal government established pursuant to Chapter 8 of Title II, Administration of the Revised General Ordinances of the City.

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 construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining or excavation or land fill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter.

DIRECTOR shall mean the Director of the Department of Engineering.

FINAL APPROVAL shall mean the official action of the reviewing board taken on a preliminary approval of the site plan after all conditions as stated in the preliminary approval and/or other requirements have been completed and guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantee.

FLOOR AREA shall mean the sum of the gross area of the several floors of a building or buildings, measured from the exterior faces of the exterior walls or from the center lines of walls separating two (2) buildings.

GRADE LEVEL FLOOR AREA shall mean the square footage of the floor of the building at grade level which will determine whether the building is (a) exempt from the Site Plan Review; (b) a Minor Site Plan; (c) a Major Site Plan.

GROUND AREA shall mean developed ground area including but not limited to piers, retaining walls, concrete pad storage areas (open or roofed).

HAZARDOUS MATERIAL shall be defined as follows:

a. Any material which is listed on the list of Environmental Protection Agency (EPA) pollutants, 40 Code of Federal Regulations, Sections 116.4 and 401.15, as amended; or

b. Any chemical listed as "acutely toxic" in Appendix A of the EPA Chemical Emergency Preparedness Program, interim guidelines; or

c. Any material which is classified by the National Fire Protection Association (NFPA) as either a flammable liquid, a Class II combustible liquid or a Class III A combustible liquid; or

d. Any material which is listed or defined as explosive, flammable, reactive, or corrosive in the Department of Transportation, 49 Code of Federal Regulations, Section 172.101, as amended.

A mixture shall be deemed to be a hazardous material if it contains one (1%) percent by volume or more of any material listed above.

INDUSTRIAL shall mean a land use category that consists of the manufacture, remanufacture, or processing of goods and products as the primary use of the facility.

INSTITUTIONAL shall mean a land use category that consists of a facility used by a religious, child care, educational, or public use such as a house of worship, school, library, government building or university.

LAND shall mean and include improvements and fixtures on, above or below the surface.

LOT shall mean a 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 GUARANTEE shall mean any security, other than cash, which may be accepted by the City for maintenance of any improvements required by this chapter.

MINOR SITE PLAN shall mean a development plan that meets the criteria stated in Section 38:10-7 of this chapter.

MUNICIPAL COUNCIL shall mean the Governing Body which acts as the chief legislative body of the City of Newark.

OFFICIAL MAP shall mean a map adopted pursuant to the Municipal Land Use Law, N.J.S. 40:55D-32 et seq. Such official map shall be deemed conclusive with respect to 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-STREET 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, designated or reserved for public or private use or 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.

PLANNED UNIT DEVELOPMENT shall mean an area with a specified minimum contiguous acreage of two (2) acres or more to be developed as a single entity containing one (1) or more structures with appurtenant common areas, according to a plan, containing one (1) or more residential clusters in the form of townhouses, apartments or multiple residential developments and one (1) or more public, quasi-public, commercial or industrial areas or large-scale development as specified in the Zoning Ordinance of the City of Newark (Sections 40:1-1 et seq.).

PLAT shall mean a map or maps of a site plan.

PRELIMINARY APPROVAL shall mean the conferral of certain rights pursuant to the Municipal Land Use Law, (N.J.S. 40:55D-46, 40:55D-48, and 40:55D-49), prior to final approval, after specific elements of a development plan as required by the Central Planning Board, have been agreed upon by the applicant.

PUBLIC AREAS shall mean (1) public parks, playgrounds, trails, paths and other recreational areas; (2) other public open spaces; (3) scenic and historic sites; and (4) sites for schools and other public buildings and structures.

RESIDENTIAL shall mean a land use category that consists of at least one (1) home, abode, or place of residence where an individual would actually live at a specific point in time.

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 DENSITY shall mean the number of dwelling units per gross acre of residential land including streets, easements and open space portions of a development.

REVIEWING BOARD shall mean the Newark Central Planning Board or Board of Adjustment, whichever board has jurisdiction over the particular application pursuant to N.J.S. 40:55D-60.

SCREENING OFFICER shall mean the secretary of the Central Planning Board of the City.

SECRETARY shall mean the secretary of the Central Planning Board of the City.

SITE shall mean any plot, parcel or parcels of land.

SITE PLAN shall mean the development plan of one (1) or more lots on which is shown (1) the existing and proposed conditions of the lots including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways, (2) 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 (3) any other information that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval of site plans by the Central Planning Board or Board of Adjustment.

SOIL EROSION AND SEDIMENT CONTROL PLAN shall mean a plan which fully details necessary land treatment measures including a time schedule for installation, that effectively minimizes soil erosion and sedimentation. Such measures shall be in accordance with standards adopted by the State Soil Conservation Committee and the requirements of the Director of Engineering pursuant to the Newark Title XXVIII, Soil Erosion and Sedimentation Control (Sections 28:1-1 et seq.).

STREET shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing State, County or City roadway, or (2) which is shown upon a plat heretofore approved pursuant to the law, or (3) which is approved by official action as provided in this chapter, or (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of the Central Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:

PRINCIPAL ARTERIAL SYSTEM . Streets and highways serving major metropolitan activity centers, the highest traffic volume corridors, the longest trip desires, and a high proportion of total urban area travel on a minimum of mileage. Service to abutting land should be subordinate to the provision of travel service to major traffic movements. This system carries the major portion of trips entering and leaving an urban area, as well as the majority of through movements desiring to bypass the central City, and normally will carry important intraurban as well as intercity bus routes.

LOCAL STREETS SYSTEM . Streets not classified in a higher system, primarily providing direct access to abutting land and access to the higher systems. They offer the lowest level of mobility and usually carry no bus routes. Service to through traffic is deliberately discouraged.

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.

SUBCODE OFFICIAL shall mean Buildings Code Official, Chief Plumbing Inspector, Chief Electrical Inspector and Deputy Chief in charge of Fire Prevention, or their assistants.

URBAN DEVELOPMENT PROJECT shall mean the construction of five (5) or more homes on a site or sites under common ownership and being financed as a single undertaking

WAREHOUSING shall mean a land use category that consists of the storage and/or distribution of personal property or inventory.

ACCESSORY BUILDING shall mean a building of not more than one and one-half (1 1/2) stories in height which is subordinate to the main building on a lot and used for the purposes customarily incidental to those of the main building.

ACCESSORY USE shall mean a use of land or of a building or structure or portion thereof customarily incidental and subordinate to the principal use of the land, building or structure and located on the same lot as the principal use.

ADDITION shall mean an extension or increase in floor area or height to an existing building or structure.

ADJOINING LOT OR LAND shall mean a lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.

AIRPORT shall mean and this use shall include the Newark Liberty International Airport, flight training schools, aircraft hangers, airport repair and maintenance facilities, aircraft chartering operations, air freight operations, and accessory maintenance, storage, and commercial uses that directly serve airport users.

AISLE OR PARKING AISLE shall mean the traveled way by which cars enter and depart parking spaces.

ALLEY shall mean a service roadway providing a secondary means of access to abutting property and not intended for general circulation.

ALTERATIONS shall mean any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress or egress, or any enlargement to or diminution of a building structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

AMATEUR RADIO OR TV TOWER shall mean a structure utilized by a single homeowner to send and/or receive radio and/or television communications. Antenna, radio and TV shall mean an antenna used by homeowners to receive radio or television communications.

APARTMENT HOUSE . See "Multiple dwelling."

APPLICANT shall mean a person submitting an application for development.

APPLICATION FOR DEVELOPMENT shall mean the application form and all accompanying documents and exhibits required of an applicant by an approving agency for development review purposes.

APPROVED PLAN shall mean a plan that has been granted final approval by the appropriate approving agency.

APPROVING AGENCY shall mean the board, or other legally designated individual or agency, that has been charged with the review and approval of plans and/or applications.

ARCADE shall mean any place or premises wherein four (4) or more coin-operated amusement devices are maintained for use and operation by the public.

ARTIST LIVE/WORK SPACE shall mean a place designed to be used, or currently used, as both a dwelling place and a place of work by an artist, artisan or craftsperson, including persons engaged in the application, teaching or performance of fine arts such as, but not limited to, drawing, vocal or instrumental music, painting, sculpture, and writing.

ATTIC shall mean that part of a building which is immediately below, and wholly or partly within, the roof framing.

AUDIO, RADIO, VIDEO, AND TELEVISION STATION AND STUDIO shall mean a building or portion thereof utilized to produce audio, radio, video or television programs.

AUTOCAB shall mean and include any automobile or motor car, other than a taxicab or bus, with a carrying capacity of not more than nine (9) passengers, not including the driver, used in the business of carrying passengers for hire which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways in the City of Newark, and which is hired by charter or for a particular contract or by the day or hour or other fixed period, or to transport passengers to a specified place or places, or which charges a fare or price agreed upon in advance between the operator and the passenger. This definition shall not include limousines and medical vans.

AUTOMOBILE, SALES AND REPAIR shall mean an establishment engaged in selling or leasing automobiles, new and/or used and/or an establishment engaged in furnishing automobile repair, service or maintenance, but not including body work or painting. Included in this definition are automobile tire sales and repair establishments.

AUTOMOTIVE SERVICE STATION OR GASOLINE FILLING STATION shall mean a building or premises used for the retail sale of gasoline or fuel or oil for the operating of motor vehicles, and repairing and servicing of motor vehicles, including a two (2) bay automobile laundry and a lubritorium and the retail sale of accessories incidental thereto. Body work, fender repair and complete motor overhauling are forbidden.

BANK shall mean a business establishment authorized to perform financial transactions such as receiving and lending money, but not including check cashing stores or pawnshops.

BARS, TAVERNS, LOUNGES shall mean an establishment used primarily for the serving of liquor by the drink to the general public.

BASEMENT shall mean a space having more than one-half its floor-to-ceiling height above the average level of the adjoining ground. A basement shall be counted as a story if the distance between the grade elevation to the floor immediately above equals or exceeds seven (7) feet.

BEDROOM shall mean a private room intended or used for sleeping separate from other rooms by a door or other physical barrier.

BILLBOARD shall mean an outdoor sign or combination of signs with size greater than sixteen (16) square feet that directs attention to or advertises a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located. This definition does not include advertising placed on a public bus or railroad shelter, inside an athletic or performing arts facility, or other signs erected by The City of Newark, its designee, or a State or municipal public transportation agency. This definition also does not include artistic murals with no commercial purpose nor does it include wayfinding or neighborhood welcome signs erected with the Department of Engineering's approval. This definition shall also not apply to any official sign established pursuant to the provisions of the Manual of Uniform Traffic Control Devices erected on any public highway by the public authority having jurisdiction over that public highway. For the purpose of this ordinance, the terms "billboard" and "billboard facility" shall both mean the sign face, border, support hardware, mounting hardware, and all other physical items constructed for the purpose of facilitating a billboard.

BOARDING HOUSE shall mean a building or structure where, for compensation, lodging and meals are provided for not more than twenty (20) persons.

BUILDING shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous use or occupancy and having a roof

BUSINESS, SPECIALIZED OR VOCATIONAL SCHOOLS shall mean and include institutions engaged in specialized instructional areas such as but not limited to driving, trade, art, music and dance schools.

CABARETS AND NIGHTCLUBS shall mean any room, place, space or premises operated as a commercial establishment in which eating and/or drinking may take place and in which there is also provided entertainment. Such entertainment may include music by a live musician or musicians, or any mechanical, electronic or other means, such as records, compact discs, audio or videotapes, or other audio or audiovisual media. "Cabarets and nightclubs" shall not include the operation of a motion picture, but shall include any act, play, revue, pantomime, scene, dance act or song-and-dance act participated in by one (1) or more employees, guests, customers, or any other person or persons. For the purposes of this definition, background piped-in music shall not be considered a form of entertainment.

CELLAR shall mean that portion of a building below the first floor level having more than one-half (1/2) of its height below the curb level at the center of the street in front of the building. Where the walls of a building do not adjoin a street or building line, then a cellar is a story having more than one-half (1/2) of its height below the average level of the ground on which the building stands.

COIN-OPERATED AMUSEMENT DEVICE shall mean any machine, contrivance or device operated by the insertion of a coin or otherwise, for use as a game, entertainment or amusement, whether or not registering a score, and shall include, but not be limited to devices of the type commonly known as bagatelle, pinball, electronic pingpong, tennis, videogame, or similar machine or device operated, maintained or used, or to be operated, maintained or used, in any public or quasi-public place, or in any building, store, or other place wherein the public is invited or wherein the public may enter.

COLLEGE/UNIVERSITY shall mean and include private or public colleges, universities or junior colleges, or other institutions of higher leaming, which primarily teach classes that would count toward any bachelor degree, and the institutions associated dormitories. "College/university" shall not include "business or vocational schools," as defined herein.

COMMERCIAL ANTENNA EQUIPMENT HOUSING STRUCTURE shall mean any structure or part of a structure used to store, maintain, or operate equipment involved in the operation of a commercial antenna including electronic equipment.

COMMERCIAL ANTENNA PROJECT shall mean any installation of commercial antennas within the City of Newark. This shall include mounting on existing structures, construction of any type of tower or other structure for commercial antenna purposes, installation of electronic equipment, construction or creation of cabinets, rooms or sheds for electronic equipment.

COMMERCIAL ANTENNAS shall mean any combination of antennas and support accessory structures and buildings and antennas designed in whole or in part for the reception and/or transmission of wireless communications including cellular and personal communications systems (PCS) signals or other form of radio frequency energy as part of a licensed radio television microwave, or other wireless communication facility, any system or reception devices including an amateur radio operation that is subject to license by the Federal Communication Commission, shall fall under the definition and regulations of commercial antennas.

COMMERCIAL GARAGE shall mean any building or premises used for the storage of one (1) or more buses, trucks, tractors, trailers, bulldozers and other heavy motor-driven equipment, including storage for manufacture, repair, demonstration, sale, rental, painting, adjustment or inspection of the foregoing.

COMMERCIAL ROW shall consist of the following streets or portions of streets for which special use and bulk requirements apply only to lots bordering on those streets or portions of streets. The applicable areas are as follows:

**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

COMPUTER SERVER HOUSING FACILITY shall mean a structure or portion of a structure where the principal use is the housing of computer servers for remote computer operations such as for backup data storage, internet service hosting, or remote server hosting. Facilities known as "internet hotels" are included in this definition.

CONDITIONAL USE shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance and upon the issuance of an authorization therefor by the Central Planning Board.

CONGREGATE LIVING ARRANGEMENTS shall mean a residential housing facility in which groups of individuals reside in any building (1) which is composed of two (2) or more units of dwelling space intended for single room occupancy or (2) which houses any form of group living arrangement.

CONVENIENCE RETAIL shall mean a retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, sandwiches, baked goods, and other freshly prepared foods for off-site consumption, and flower arrangements.

CORNER LOT shall mean a parcel of land not over sixty (60) feet in width at the junction of, and fronting on two (2) intersecting streets, having an area not greater than six thousand (6,000) square feet and a frontage on one (1) of the intersecting streets not greater than one hundred (100) feet.

COURT shall mean an open unoccupied space other than a yard, on the same lot with a building. A court not extending to a yard or street is an "inner court." A court extending to a yard or street is an "outer court."

a. The "least dimension" of a court is the least of the horizontal dimensions of such court. If two (2) opposite ends of a court are not parallel, the horizontal dimension between them shall be deemed the mean distance between them.

b. The "height of a court" is the vertical distance between the lowest level of such court and the highest point of any bounding wall exclusive of roof structures.

CURB LEVEL shall mean the permanently established grade of the street curb in front of the lot.

DENSITY shall mean the permitted number of dwelling units per gross area ofland to be developed.

DEPARTMENT STORE shall mean a business which is conducted under a single owner's name wherein a variety of unrelated merchandise and services are housed enclosed and are exhibited and sold directly to the customer for whom the goods and services are furnished.

DEPTH OF LOT shall mean the mean distance between its front street line and its rear line. The greater frontage of a corner lot is its depth, and its lesser frontage, its width.

DISCOTHEQUE shall mean any room, place or space where dancing to recorded or performed music or sounds in which pulsating, flashing, or revolving lights or effects in a substantially darkened atmosphere are used or presented and in which admission can be had either with or without payment of a fee, wardrobe charge or otherwise and in which the public generally may participate or to which admission can be obtained through the presentation, use, or acceptance of a membership card or other thing, whether or not the membership card or other thing is or may be available to the public generally by purchase or gratuitously and whether or not the public generally may participate or not

DRIVE-IN RESTAURANT shall mean any establishment providing for over-the-counter sale of foods, frozen desserts and/or beverages to the consumer, which are packaged in paper, or other types of disposable wrappers or containers or which are served in edible containers in a ready to consume state, and whose design and method of operation are likely to generate vehicular traffic in that it caters mainly to clientele arriving by automobiles.

DRIVE-THROUGH shall mean any establishment where transactions are made to customers within an automobile outside the confines of a building.

DRUG STORE shall mean this use shall be any retail establishment operated with a pharmacy on site but which may also engage in the sale of convenience items and other over-the-counter remedies for maintaining and restoring personal health.

DWELLING shall mean any building or portion thereof, which is designed for or occupied exclusively for residential purposes.

DWELLING, ABOVE THE GROUND FLOOR OF OFFICE OR COMMERCIAL shall mean and include dwelling units located in multi-story buildings, but only above the ground floor office or commercial uses.

DWELLING, FOUR-FAMILY shall mean and include detached or attached buildings containing four (4) dwelling units, attached either vertically or horizontally.

DWELLING, MULTI-FAMILY shall mean and include buildings containing more than four (4) dwelling units where each unit is joined to other dwelling units above, adjacent and/or below. "Multi-family dwellings" may include apartment buildings and condominiums, as defined herein.

LOW-RISE MULTI-FAMILY shall mean up to three (3) stories or thirty-five (35) feet, whichever is less.

MID-RISE MULTI-FAMILY shall mean up to five (5) stories or filly-five (55) feet, whichever is less.

HIGH-RISE MULTI-FAMILY shall mean six (6) stories or greater or taller than fifty-five (55) feet.

DWELLING, SINGLE-FAMILY shall mean and include detached or attached buildings containing only one (1) dwelling unit.

DWELLING, THREE-FAMILY shall mean and include detached or attached buildings containing three (3) dwelling units, attached either vertically or horizontally.

DWELLING, TWO-FAMILY shall mean and include detached or attached buildings containing two (2) dwelling units, attached either vertically or horizontally.

FAMILY shall mean one (1) or more persons who live together as a bona fide single nonprofit housekeeping unit. Unless otherwise required by law, this definition of family shall not apply to persons living in a facility or home devoted to treatment or services designated to rehabilitate such persons or to assist them in adjusting to the community or society.

FAST FOOD RESTAURANT shall mean an establishment in which food is pre-prepared and sold over a counter in disposable containers or wrappers selected from a limited menu for consumption on or off the premises.

FINANCE OR INSURANCE USE shall mean an establishment in which financial transactions are conducted, or wherein professional advice on financial, insurance or tax matters is given, including but not limited to finance companies, insurance and brokerage uses, and tax preparers, but not including savings and loans or commercial banks.

FLOOR AREA shall mean the sum of the gross areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the center lines of walls separating two (2) buildings.

FLOOR AREA RATIO shall mean the sum of the area of all floors of buildings or structures compared to the total area of the site.

FRONT YARD shall mean a yard extending across the street side of a lot measured between the side lot lines and being the minimum horizontal distance between the street line and the main building or any projection thereof, other than steps, unenclosed balconies and unenclosed porches, except as otherwise provided in this Title.

FRONTAGE shall mean all the property on one (1) side of a street or place between two (2) intersecting streets or places measured along the line of the street or place, or if the street or place is terminated without intersecting another street or place, then all of the property abutting on one (1) side between an intersecting street or place and the terminus of the street or place.

FULL SERVICE RESTAURANT shall mean an establishment in which the principal use is the service of preparing food and/or beverages for consumption on the premises. All service of prepared food and/or beverages for consumption shall require customers to order at a table, booth, or dining counter with service by the waiter or waitress at said table, booth or dining counter. Drive-through facilities are prohibited.

FUNERAL HOME shall mean a building used for the preparation of deceased human beings for burial or internment and for the display of the deceased and ceremonies connected therewith before burial or cremation.

GASOLINE FILLING STATION shall mean and refers to "automotive service station" as hereinabove defined in this section.

GO-GO ESTABLISHMENT shall mean any establishment which permits persons to perform dancing or other similar entertainment in a lewd, licentious or lascivious manner, with less than completely and opaquely covered human genitals, pubic region, buttocks and/or female breasts below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state even if completely or opaquely covered, for the benefit of its patrons.

GOVERNMENT USE shall mean the use of land, buildings or structures by any department, commission, independent agency or instrumentality of the United States, of a state, county, authority, district or other governmental unit other than the City of Newark.

HAND LAUNDRY shall mean an establishment where clothes are received for washing and ironing, and where the work is done by hand using not more than two (2) each of washing and ironing machines of not more than two (2) horsepower in the aggregate, and to or from which establishment the clothes are carried by the customer.

HEALTH CLUB AND GYM shall mean an establishment that provides facilities for physical exercise such as aerobics, running, jogging, weight lifting, game courts, swimming facilities, and accessory saunas, showers, massage rooms and lockers, within an enclosed building or buildings.

HEAVY RETAIL AND SERVICE shall mean and include retail and/or service activities that have regular exterior service or storage areas, or partially enclosed structures, including, but not limited to, home improvement centers, equipment rental and leasing, lumber and other building materials, garden centers and greenhouses, landscape construction, and lawn maintenance contractor yard, bulk materials sales and storage, and recreational vehicles and playground equipment sales and rentals. "Heavy retail and service" shall not include "material salvage yard" and/or "recycling center" or "retail service establishment" without regular exterior service or storage.

HEIGHT OF BUILDING shall mean measured to the highest point of the roof from the mean elevation of the finished grade from all exterior walls.

HELIPORT shall mean an area used or ntended to be used for the landing and take-off of helicopters, and may include any or all areas of the building appropriate to accomplish these functions.

HOME OCCUPATION shall mean any occupation other than that of operating a beauty parlor, barbershop, convalescent or nursing home, tourist home, massage or similar establishment, offering services to the general public, carried on by a member of the family residing on the premises in connection with which there is used no name plate exceeding one (1) square foot in area, nor any artificial lighting, nor any display that will indicate from the exterior that the building is being utilized in whole, or in part, for any purpose other than that of a dwelling, and in connection with which there is kept no stock in trade nor commodity sold upon the premises, no person is employed other than a member of the family residing on the premises and no mechanical equipment is used, except such as is customary for purely domestic or household purposes.

HOTEL shall mean any building having sleeping rooms that are provided for hire, with or without meals or meeting facilities. Any hotel permitted by the Zoning Ordinance shall meet the following criteria: 1. It shall not be a permanent/primary residence for its users. 2. It shall not contain a self-service guest laundry. 3. No guest shall use the hotel as their residential address. 4. Minimum rental period for each non-meeting room shall be 24 hours, maximum period is eleven (11) months. 5. All rooms shall only have access by way of a common lobby and hallway. There can be no direct access to a room from a parking space by way of an outside doorway at the room or direct access to a garage. "Motels" or "motor hotels" shall not be permitted. 6. Minimum guest room size shall be one hundred fifty (150) square feet and minimum bathroom size for each room shall be sixty (60) square feet.

ICE CREAM PARLOR shall mean an establishment where ice cream and frozen desserts are the principal products offered for sale either over-the-counter or by table service or, where permitted, by through-window service. No tobacco products shall be sold at ice cream parlors.

INDOOR RECREATION shall mean a building or group of buildings used for recreational purposes and operated as a business and open to the public for a fee, including bowling alleys, skating and roller rinks, pool and billiard halls, indoor batting cages, recreation centers, and indoor swimming pools or tennis courts.

INDUSTRIAL SERVICE FACILITY shall mean a building, property or activity of which the principal use or purpose is the provision of industrial-oriented services directly to the industrial use establishments. This term shall include, but will not be limited to, tool shops, machine repair and service shops, blade sharpening shops and similar establishments. Industrial service establishments shall not include any use or other type of establishment that is otherwise listed specifically in a zoning district as a permitted use.

INTERIOR LOT shall mean a lot other than a corner lot.

LARGE FORMAT RETAIL AND/OR SHOPPING CENTER shall mean a single stand-alone store, tenant space or collection of retail uses, developed and or managed within a single building or shopping center which individually or cumulatively include over thirty thousand (30,000) square feet of retail sales floor area.

LAUNDERETTE/LAUNDROMAT (which includes an automatic wet wash business) shall mean an establishment only for the washing and drying of clothing brought in by the retail customer and in which such washing and drying is performed with the use of mechanical equipment, and for which a fee is charged.

LAUNDRY FACILITY-COMMERCIAL/WHOLESALE (which includes an automatic wet wash business) shall mean an establishment only for the washing and drying of clothing brought in by a commercial customer and in which such washing and drying is performed with the use of mechanical equipment, and for which a fee is charged or a facility where the retail customer brings the laundry to another facility and it is brought to this facility for laundering

LOT shall mean a parcel, tract, or area of land the dimensions and boundaries of which are determined by the latest official Tax Assessor's maps.

LUNCH WAGON shall mean any prefabricated structure brought in complete form to, or assembled on the site designed to be used for the purposes of a restaurant, whether standing on its own wheels or on a fixed foundation, whether or not connected with sewer or water mains.

MANUFACTURING, HEAVY shall mean the manufacture or compounding process of raw materials. These activities or processes may necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. In this situation, the handling of such materials must be in a controlled environment and have certification from NJDEP. Typical heavy manufacturing uses include but are not limited to: concrete batch plants, concrete, tile or brick manufacturing, automobile, truck and tire assembly, ammonia or chlorine manufacturing, metal casting or foundries, gas manufacturing, dye stuffs, grain milling or processing, metal or metal ore production, refining, smelting, or alloying, petroleum or petroleum product refining, boat, pool and spa manufacturing, slaughtering of animals, glass manufacturing, paper manufacturing, and wood or lumber processing. The assembly, fabrication or processing of goods and materials uses processes that ordinarily have greater than average impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare or health and safety.

MANUFACTURING, LIGHT shall mean the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment of such products, but excluding basic industrial processing and custom manufacturing. Typical light manufacturing uses include but are not limited to: electronic goods, food and bakery products, nonalcoholic beverages, paper imprinting, publishing, household appliances assembly, and clothing apparel. The assembly, fabrication, or processing of goods and materials uses processes that ordinarily do not create noise, fumes, smoke, odors, glare or health and safety hazards outside of the building or lot where such assembly, fabrication or processing takes place, where such processes are housed entirely within a building.

MANUFACTURING, MEDIUM shall mean the processing and manufacturing of materials or products predominantly from extracted or raw materials. These activities may include outdoor assembly and storage products. Outdoor manufacturing of raw materials into compost, primarily for commercial resale is a medium manufacturing activity. These activities do not necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. Typical medium manufacturing uses include but are not limited to: alcoholic beverages, glue, leather products, carpet, porcelain products for bathroom and kitchen fixtures, solar panel manufacture, bio-fuel manufacture, bleaching products, vegetable gelatin, welding, furniture, and sporting goods.

MATERIALS SALVAGE YARD/JUNKYARD shall mean and include facilities or areas for the storing, keeping, selling, dismantling, compressing, or salvaging scrap or discarded material, equipment, or vehicles. Such scrap or discarded material shall include, but not be limited to, metal, paper, rags, tires, bottles, motor vehicle parts, machinery, structural steel, equipment, and appliances.

MOTOR VEHICLE SERVICE AND REPAIR shall mean an establishment engaged in the repair, service, maintenance or painting of an automobile and/or truck body, but not wrecking or salvage.

MULTIPLE DWELLING shall mean a building or portion thereof designed for, or occupied by more than four (4) families, living independently of each other. Municipal uses shall mean any use of land, building or structure by the City of Newark or an agency thereof

NONCONFORMING LOT shall mean a lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE shall mean 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 shall mean 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.

OFFICE shall mean a room or group of rooms used for conducting the offices of a business, profession, service, industry or government, and generally furnished with desks, tables, files and communication equipment, including offices of general, business, executive, legal, accounting, architect, planning, engineer, real estate, contractor and employment agencies. Office shall also include the office of recognized medical practitioners, including but not limited to doctors, dentists, dental surgeons, veterinarians, chiropractors, podiatrists, psychologists, and licensed therapists.

OPEN PORCH shall mean a roofed piazza, porch or portecochere not more than one (1) story in height which may project beyond the main wall with columns supporting its roof presenting the minimum of obstruction to the view, and with no sash or other enclosure except screens placed between the columns.

OPERATIONS FACILITY, BUS/TAXICAB/AMBULANCE shall mean and include an area and building where emergency medical ambulances, buses, taxicabs or other livery vehicles are stored, dispatched and/or loading and unloading is carried on regularly, and where minor maintenance of these vehicles is performed.

OUTDOOR DINING shall mean and include this accessory use is a dining area of designated size with seats and/or tables located outdoors of a contiguous restaurant. This seating may be in addition to indoor seating area.

OUTDOOR STORAGE shall mean the storage of nonhazardous solid goods in an outdoor, fenced environment.

PERSON shall mean and include corporations, companies, associations, societies, firms, partnerships and joint stock companies, as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or unless specifically restricted to one or some of the above enumerated synonyms, or any other legal entity recognized in law.

PERSONAL SERVICES ESTABLISHMENT shall mean and include establishments for the provision of personal services directly to the consumer. This use shall include, but shall not be limited to, barber shops, beauty parlors, copying, laundry and dry cleaning establishments (plant off-premises), funeral homes/mortuaries, tanning salons, tailoring shops, domestic pet grooming, shoe repair shops, travel agencies, and the like. Personal services establishments are not establishments that provide massage services and medical services.

PHILANTHROPIC ORGANIZATION shall mean a private or public organization that is organized and operated for the purpose of providing a public or charitable service or carrying on a trade or business without profit.

PHOTOGRAPHIC SIMULATION shall mean a photograph of a site as it appears to members of the general public with accurate, detailed depictions of proposed additional features, equipment, hardware or other site improvements drawn onto this photograph.

PLACE shall mean an open, unoccupied space other than a street or alley, permanently reserved as the principal means of access to abutting property.

POOL OR BILLIARD PARLOR shall mean an establishment the primary purpose of which is to provide a place of public assemblage in which the game commonly known as pool or billiards or games of a similar nature are placed.

Excluded from this definition are charitable institutions as defined in the ordinances of the City of Newark, and taverns and clubs as regulated by ordinance governing the distribution and sale of alcoholic beverages within the City of Newark.

PREMISES shall mean land and buildings and structures thereon.

PRIVATE CLUB OR FRATERNAL ORGANIZATION shall mean a building and/or related facilities owned or operated by a corporation, association, or group of individuals established for the recreational use and enjoyment of its members and not primarily for profit, and whose members pay dues and meet certain prescribed qualifications for membership.

PRIVATE GARAGE shall mean a building designed and used only for the storage of non-commercial motor vehicles as an accessory use.

PRIVATE PARKING AREA shall mean any land area, being part of the same lot or tract on which is erected a building or structure, or being adjacent and contiguous to the lot or tract, designated by the owner, operator or occupant of the building or structure for the parking, without charge, of motor vehicles of occupants, customers or employees in the building or structure and where no customer parking shall be permitted after 11:00 p.m. on any portion of the lot.

PUBLIC DANCE HALL shall mean any establishment where the primary use is dancing and where admission may or may not be charged.

PUBLIC GARAGE shall mean any building or premises used for the storage or parking of one (1) or more noncommercial, self-propelled vehicles or motorcycles, including storage for repair, demonstration, sale, rental, spot painting or adjustment of equipment. Repairs shall not include body and fender work and paint spraying. A salesroom conducted exclusively for the exhibition of not more than ten (10) vehicles as defined above shall not be classed as a public garage.

a. It shall be presumed that when the operators of noncommercial vehicles are using a building or premises as a public garage, they are doing so with the consent of the owner of the premises, unless the owners of such property shall:

1. Post signs informing the public that vehicles using their property for parking or storage shall be towed at the operator's own expense; and provided

2. That the owners authorize a towing company to tow any vehicle(s) parked on their property without the owners' consent or take other reasonable precautions to insure that vehicles using their property for storage or parking are removed.

PUBLIC PARKING AREA shall mean any land area or structure used or intended to be used for the parking of motor vehicles and for which a fee is charged. Any structure used or intended to be used for the parking of motor vehicles which is located in a Fourth Business District and all Industrial Districts shall be an exception to this definition, provided it meets the following additional requirements:

a. That the structure be designated and used as an accessory use to an office building for the parking of motor vehicles, whether or not located on the same lot as the office building; if not located on the same lot as the office building, the distance between such structure and the closest lot line of the property upon which the office building is located shall not be more than six hundred (600) feet;

b. That the structure be limited to two (2) parking spaces per five hundred (500) square feet of office space;

c. That the structure or area be used as an accessory use to a building, whose primary use is retailing, for the public parking of motor vehicles located within the same building.

REAR YARD shall mean a yard extending across the rear of a lot measured between the rear lot line and the rear of the main building, or any projection thereof, other than steps, unenclosed balconies or unenclosed porches except as otherwise provided in this Title. The rear yard shall be at the opposite ends of the lot from the front yard and on corner lots it may extend across the narrowest part of the lot.

RESEARCH AND DEVELOPMENT shall mean a building used for experimentation in pure or applied research design, development and production of prototype machines or devices or of new products, and uses accessory thereto, wherein products are not manufactured primarily for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and where there is no display of any materials or products.

RETAIL STORE shall mean an establishment where goods are sold directly to the consumer for personal or household use, with or without processing on the premises for such retail sale, but excluding the processing, repair or renovating of furniture, bedding or fixtures.

ROOMING HOUSE shall mean a building or structure where, for compensation, lodging without meals is provided for not more than twenty (20) persons.

SCHOOLS, PRIMARY AND SECONDARY shall mean and include public, private or parochial institutions primarily engaged in academic instruction for all, or part of, grades K through 12, and recognized or approved by the State. This use may include accessory day care centers for children over the age of three (3).

SELF STORAGE shall mean a facility consisting of a building or group of buildings in a controlled-access compound that contains varying sizes of individual compartmentalized and controlled access stalls or lockers for the dead storage of customers' goods and wares.

SEXUALLY ORIENTED BUSINESSES shall mean business types including, but not limited to, establishments commonly referred to as "Go-Go establishments," "adult video store," or "adult newsstand or bookstore," which means a commercial establishment which as one of its principal business purposes offers for sale, rental, or display for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, compact discs, slides or simulated display or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas; or any other type of establishment that can meet the definition of a "sexually oriented business" as defined or described in Federal, State, or local statutes including but not limited to N.J.S.A. 2C:33-12.2 et seq. For the purpose of this definition, "principal purpose" means the commercial establishment:

a. Has a substantial portion of its displayed merchandise which consists of said items, or

b. Has a substantial portion of the wholesale value of its displayed merchandise which consists of said items, or

c. Has a substantial portion of the retail value of its displayed merchandise which consists of said items, or

d. Derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of said items, or

e. Maintains a substantial section of its interior business space for the sale or rental of said items; or

f. Regularly features said items, and prohibits access by minors, because of age, to the premises, and advertises itself as offering "adult" oror "x-rated" or "erotic" or "sexual" or "sensual" or "pornographic" material on signage visible from a public right-of-way; or

g. Maintains an adult arcade, which means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas.

SIDE YARD shall mean a yard between the building and the side line of the lot which shall be considered to extend from the required rear yard to the street line of the lot.

SIGN shall mean any fabricated or outdoor display structure including its structure, consisting of any letter, figure, character, mark, point, plane, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter or illuminating device, constructed, attached, erected, fastened or manufactured in any manner whatsoever so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever, and displayed in any manner out of doors exclusively for advertising purposes.

SPACING OF BUILDINGS shall mean the required minimum horizontal distance between any wall of two (2) or more buildings facing or overlapping each other in any manner either parallel or oblique. Such distance is measured at any given point and any given level by projecting or prolonging vertically and horizontally the perimeter lines of each wall from the lowest habitable floor to the ceiling of the highest habitable floor.

SPECIALTY RETAIL shall mean a retail establishment selling specialized and related merchandise including, but not limited to: books, appliances, furniture and home furnishings, lighting, garden, hardware, jewelry, music, paint and art supplies, sporting goods, nuts and candy, pet shop and supply, art gallery, electronics or clothing.

STORY shall mean the space between any finished floor of a building and the next finished floor above, excepting that a cellar or basement shall not be considered as a story. A half-story is a portion of a building between a finished floor and the roof construction above, where the space thus enclosed has an average clear height of not more than five (5) feet.

STREET shall mean any road, avenue, street, lane, alley or other way commonly used by the public for street purposes.

STREET LINE shall mean the dividing line between the street and the lot.

STREET WALL OF A BUILDING AT ANY LEVEL shall mean the wall or part of the building (other than a one-story open porch), nearest to the street line.

STREET WIDTH shall mean the mean of the distance between the street line within a block, where a street borders a public park, or a navigable body of water, the width of such street may be taken as the width of such street, plus the width of such public park or body of water, provided that the maximum width of such street shall not be considered more than one hundred (100) feet, measured at right angles to street line.

STRUCTURAL ALTERATION shall mean any change or rearrangement in the exterior or interior structural parts of any building.

STRUCTURE shall mean that which is built of fabricated or manufactured building materials and placed either above or below the ground including billboards and free- standing signs which are used exclusively for advertising purposes.

SUPERMARKET shall mean a self-service retail establishment specializing in food and household merchandise, with at least ten thousand (10,000) square feet of gross floor area.

TAKE OUT RESTAURANT shall mean an establishment in which the principal use is the service of prepared food and/or beverages for consumption on and/or off the premises that is not a family restaurant (above). This definition shall not include establishments where incidental prepared food and/or beverage service is accessory to a bakery, grocery store, food store, meat market or other similar principal use, nor shall it include cafeterias that are accessory to hospitals, schools or other similar principal uses.

TAXI/LIMOUSINE OPERATION shall mean taxi and/or limousine dispatch offices or parking facilities for taxi and/or limousine vehicles. Such facilities are subject to licensure by the Taxi and Limousine Commission.

THROUGH-WINDOW RETAIL/RESTAURANT shall mean retail stores or restaurants other than banks and ice cream parlors where merchandise or foods are sold in a setting where patrons are separated from service staff by a partition that covers the entirety or the majority of the employee area. Excluded from this definition are "Drive- Through" windows, which are defined elsewhere.

TOWN HOUSES shall mean attached one-family and two-family residential structures in groups of not less than three (3) erected in a row as a single building, each being separated from the adjoining unit or dwelling by a fire-rated party wall with separate entrances for each unit or pair of units, which entrances shall face the same street.

TRADE CONTRACTOR shall mean a building, or portion thereof, used for the housing of building and construction trade services provided to the public. "Trade contractor" shall include, but will not be limited to, contractor offices, including landscaper's showrooms, construction supplies and storage, including plumbing, heating, air conditioning, and building equipment, materials, sales, and other uses similar in nature and impact.

TRUCK TERMINAL shall mean and include premises for the fueling, loading and unloading of trucks, where storage of cargo is incidental to the primary function of motor freight shipment, and where minor maintenance and repair of these types of vehicles are performed. Such facility shall be designed to accommodate five (5) or more trucks.

UTILITIES shall mean and include pump stations, utility substations or transmission and local distribution facilities, including telephone, sewer/water and utilities housed in small-scale buildings, and generation and regional facilities, such as regional switching stations, pump storage, sewer/water treatment, and other facilities not housed inside small-scale buildings.

VARIANCE shall mean permission to depart from the literal requirements of a zoning ordinance pursuant to N.J.S. sections 40:55D-40b, 40:55D-60 and 40:55D-70c and d of the Municipal Land Use Law.

VARIETY STORE shall mean a retail store that sells a wide variety of nonperishable, relatively small and inexpensive items.

VEHICLE TOWING FACILITY shall mean a building, property or activity, the principal use of which is the retrieving or securing of distressed, disabled, abandoned or illegally parked motor vehicles.

WAREHOUSE AND DISTRIBUTION shall mean and include structures, or a major portion thereof, used principally for the storage or distribution of nonhazardous goods and merchandise to retailers, non-residential users, or to wholesalers. This use shall not include "truck terminals and truck repair" or "manufacturing, heavy, medium, or light," as defined herein.

WASTE TRANSFER STATION shall mean and include waste transfer facilities where wastes are handled for transshipment to a disposal facility. This use includes trash compaction and transfer stations, but shall not include "materials salvage yard" as defined herein.

WIDTH OF LOT shall mean the mean width of a lot measured at right angles to its depth.

YARD shall mean an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as provided in Section 40:4-1 et seq. of this Title. In measuring a yard for purposes of determining the required width of a side yard, the required depth of a front yard or the required depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

APARTMENT shall mean any building containing more than one (1) separate residence, or a building with only one (1) residence and space allocated for other uses not associated with a residence.

APPEAL shall mean an appeal of the notice of violation of an Inspector to the Director of the Department of Neighborhood and Recreational Services or his/her designee, which shall be filed with the Office of the Director within ten (10) days of the receipt by a seller of a notice of any violation of the Housing and Zoning Regulations.

CERTIFICATE OF CODE COMPLIANCE shall mean a certificate issued by the Director of the Department of Neighborhood and Recreational Services that indicates that a structure intended for human habitation including any dwelling, residence or apartment building has been inspected and appears to be in compliance with the minimum standards for habitation described by the Director in his/her housing and zoning regulations.

DIRECTOR referred to herein is the Director of the Department of Neighborhood and Recreational Services in the City of Newark, New Jersey or his/her designee. Dwelling shall mean any building, structure, trailer, or land used as a residence by any person, tenant or family or intended for such use.

HEARING shall mean a hearing before the Director of the Department of Neighborhood and Recreational Services or his/her designee at which the seller, the Inspector and any other person with relevant knowledge of a notice of violation may appear and give testimony to the Director to determine if a violation of the Housing and Zoning Regulations exists. The determination of the Director shall be final. The Director may approve, set aside or modify the decision of the Inspector and he/she may grant extensions of time to abate any violations of housing regulations.

HOUSING AND ZONING REGULATIONS shall mean those regulations promulgated and published by the Director of the Department of Neighborhood and Recreational Services and maintained by the City Clerk of the City of Newark in regard to this Chapter 8 of the zoning ordinance of the City of Newark, a copy of which is attached hereto and referred to as Exhibit A.

RESIDENCE shall mean a place where one resides and in particular means a settled home or domicile.

ZONING OFFICER shall mean the Zoning Officer for the Zoning Board of Adjustment or his/her designee.

ADMINISTRATIVE OFFICER shall mean the Historic Preservation Officer. In the event that the Historic Preservation Officer is not appointed, the Director of City Planning or his/her designee, or in the absence thereof, the Director of Community Development or his/her designee shall serve as the Administrative Officer.

ALTERATION shall mean any act or process that in any way effects a change in the design or outer appearance of a building, structure, object or site, or any part thereof

APPLICATION shall mean an application form and all accompanying documents submitted for approval of a permit for alteration, repair, reconstruction, demolition or relocation of a designated historic site, building, structure or object, or improvement within a designated historic district or review of a development application concerning same.

ARCHAEOLOGICAL shall mean the science or study of the material remains of past life or activities and the physical site, location, or context in which they are found, as delineated in the Department of Interior's Archaeological Resources Protection Act of 1979.

ARCHITECTURAL shall mean relating or conforming to the rules of Architecture; having or conceived as of having a single unified overall design, form, or structure.

ARCHITECTURAL FEATURE shall mean the architectural style, design, general arrangement and components of all the surfaces, including but not limited to the kind, texture and color of the building material, and the type and style of all windows, doors, lights, signs and other features appurtenant to such improvement.

BUILDING shall mean any structure, part of a structure, extension thereof, or addition thereto having a roof supported by columns, posts, piers, or walls and intended for the shelter, business, housing or enclosing of persons, animals, or property.

CERTIFICATE OF APPROPRIATENESS shall mean a document attesting that proposed work within a historic district or affecting a landmark building, structure, object, site or landscape feature has been reviewed and deemed appropriate and consistent with the purpose of this chapter by the Newark Landmarks and Historic Preservation Commission.

CERTIFICATE OF NO EFFECT shall mean a document attesting that proposed work within a historic district or affecting a landmark building, structure, object, site or landscape feature has been reviewed by the Historic Preservation Officer and has been deemed not detrimental to the historic district or landmark on which the work is to be done or neighboring buildings, structures, objects, sites or landscape features.

COMMISSION shall mean the Newark Landmarks and Historic Preservation Commission.

CONSTRUCTION shall mean the act of (a) adding an addition to an existing building or structure; (b) the erection of a new principal or accessory building or structure on a lot or property; or (c) alterations.

DAYS shall mean calendar days.

DEMOLITION shall mean the dismantling or razing of all or part of any historic site or landscape feature of or any improvement in a historic district.

DEVELOPMENT shall mean any 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 mixing, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S A. 40:55D-1 et seq.

HISTORIC DISTRICT shall mean 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.

HISTORIC REGISTRY shall mean a listing of all historic sites, buildings, districts or structures within the City of Newark as recorded by the City Clerk.

HISTORIC SITE shall mean any real property, building, manmade structure, natural object or configuration or any portion or group of the foregoing of historical, archaeological, cultural, scenic or architectural significance.

IMPROVEMENT shall mean any building, structure, work of art or other object installed upon real property or any part of such improvement.

MINOR APPLICATION shall mean an application for approval of actions on a designated historic site, building, structure or object which consists of ordinary maintenance and repair as defined herein.

OBJECT shall mean anything constructed, fabricated or created, the use of which does not require permanent or semipermanent location on or in the ground.

ORDINARY MAINTENANCE shall mean the repair or renewal of deterioration, wear or damage to a structure or improvement in order to return same, as nearly as practicable, to its condition prior to the occurrence of such deterioration, wear or damage with materials and workmanship of the same quality and appearance of the structure or improvement.

REASONABLE RETURN shall mean on the average rate of return for properties similar to and in the same area as the improvement parcel under consideration for the purposes of this chapter for the year proceeding the application as arrived at through certified appraisals, records of sale, and any other research.

RECONSTRUCTION shall mean the act or process of reproducing by new construction the exact form and details of a vanished building, structure, or object or part thereof, as it appeared at a specific period of time.

REHABILITATION shall mean the act or process of returning an improvement to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those orations or features of the improvements which are significant to historical, architectural and cultural values.

RELOCATION shall mean any removal or relocation of a structure or improvement on its site or to another site.

RESPONSIBLE PERSON shall mean any person or persons having such right to, title to, or interest in any property or improvement so as to be legally entitled, upon obtaining the required permits and approvals from City agencies, to perform with respect to such property or improvement any demolition, construction, reconstruction, alteration, restoration or other work as to which such person seeks the authorization or approval of the Commission.

RESTORATION shall mean the act or process of accurately recovering the form and details of an improvement by the removal of later work and/or by the reconstruction of missing earlier work.

STABILIZATION shall mean 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.

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 ofland. Structure includes, but is not limited to, buildings, signs, fences, tanks, towers, poles, walkways, driveways, streets and roads.

(Ord. 6 S+FE, 8-3-94 � 27:9-2; Ord. 6 S+FE, 3-7-07 � 3; Ord. 6 S+FB(S), 10-10-07 � 1)

ARTICLE 2 Designation of Historic Districts and Sites

40:9-3.CRITERIA FOR DESIGNATION.

a. As stated in the U.S. Department of the Interior's National Register Criteria for Evaluation, promulgated pursuant to 16 U.S.C.A. Sec. 470a, the following criteria shall be used by the Commission for its review for designation of historic sites, buildings and districts: the quality of significance in National, State or municipal history, architecture, archaeology, and culture if present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feelings, and association and:

1. That are associated with events that have made a significant contribution to the broad patterns of our history, or

2. That are associated with the lives of persons significant in the past; or

3. That embody the distinctive characteristics of a type, period, or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

4. That has yielded, or may be likely to yield, information important in prehistory or history.

b. Ordinarily cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past fifty (50) years shall not be considered eligible for nomination; however, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:

1. A religious property deriving primary significance from architectural or artistic distinction or historical importance; or

2. A building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event or

3. A birthplace or grave of a historical figure of outstanding importance if there is not other appropriate building, structure or site directly associated with his or her productive life; or

4. A cemetery which derives its primary significance from graves of persons of transcendent importance, from distinctive design features, or from association with historic events; or

5. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or

6. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; or

7. A property achieving significance within the past fifty (50) years if it is of exceptional importance.

(Ord. 6 S+FE, 8-3-94 � 27:9-3)

40:9-4. PROCEDURES OF DESIGNATION.

a. Any interested party may nominate a historic landmark or district for local designation. All applications for nomination shall be submitted to the Division of City Planning. The application form shall be the National Register of Historic Places Registration Form, including all necessary attachments. The Administrative Officer shall review the application for completeness.

b. The nomination shall be presented initially to the Historic Preservation Commission, followed by the Central Planning Board and then the City Council; however, in any case, a nomination must be reviewed and approved by all these bodies in order to be designated as a local landmark.

c. Districts and landmarks already listed on the National or State Register of Historic Places as of May 30, 2007 shall automatically be designated a local landmark. The complete list is included as Exhibit A.

(Ord. 6 S+FE, 8-3-94 � 27:9-4; Ord. 6 S+FA(S), 10-10-07 � 1; Ord. 6 S+FB(S), 10-10-07 � 1)

40:9-5. USES OF DESIGNATED PROPERTIES.

a. Nothing contained herein shall affect the present legal use of the designated property.

b. Use classifications and bulk restrictions as to all such property shall continue to be governed by the general zoning ordinance of the City of Newark and the procedures established therein.

c. In no case, however, shall any use be permitted which requires demolition, relocation, or alteration of a designated historic building, structure, site or thin a designated district so as to adversely affect its character except upon compliance with the terms of this Article.

d. Each designated historic site or district may be marked by an appropriate plaque in such form as the Commission shall promulgate by regulation. (Ord. 6 S+FE, 8-3-94 � 27:9-5)

40:9-6. REMOVAL OF DESIGNATION.

a. Upon recommendation of the Commission based upon new and compelling evidence and negative evaluation according to the same criteria and following the same procedures set forth herein for designation, a determination may be made by the Commission to remove designation of a historic site or district.

b. Such a determination must receive five (5) favorable votes, i.e., the majority of the Commission membership.

c. A historic site or district shall not be removed from the historic registry of the City of Newark without consideration of the recommendation by the Commission and must be effected by ordinance adopted by simple majority of the Municipal Council.

(Ord. 6 S+FE, 8-3-94 � 27:9-6)

ARTICLE 3 Permits; When Required

40:9-7. ACTIONS REQUIRING REVIEW.

a. No building permit shall be issued or amended nor shall any construction, alteration, ordinary maintenance or repairs, or repairs or demolition be started on a designated historic building, structure or site, or within a designated historic district, prior to review by the Commission.

b. A permit issued by the Administrative Officer shall be required for any of the following actions to proceed regarding a designated historic site or for any improvement within a designated historic district:

1. Rehabilitation, restoration, reconstruction, repair or alteration or change to any part of the exterior of a building, structure or site, including repainting and residing, if visible from a public street.

2. Additions to a building, structure or site, or within a district if visible from a public street;

3. Relocation of a historic site or within a district

4. Demolition of a historic site or within a district;

5. New construction on a historic site or within a district

6. Change in use of a historic site or within a district if such change effects a change in the exterior appearance of the site or improvement.

c. All applications for permits pertaining to designated historic sites or improvements in designated Historic Districts shall be referred to the Commission for a written report and decision on the application of the provisions of this chapter thereto.

(Ord. 6 S+FE, 8-3-94 � 27:9-7)

40:9-8. ACTIONS NOT REQUIRING REVIEW.

a. Changes to the interior of structures;

b. Changes not visible to the public from a public street. (Ord. 6 S +FE, 8-3-94 � 27:9-8)

40:9-9. EMERGENCY REPAIRS.

a. In the event an Act of God or any other unexpected event shall cause the responsible person the need for immediate issuance of a permit to commence to stabilize, secure, repair or protect a designated historic site or any improvement in a designated historic district damaged from such event, and the Construction Code Official certifies the immediate necessity for such issuance, an approval of a permit may be issued in accordance herewith.

b. Upon notice to the full Commission by telephone, personal contact or other appropriate means of communication, at least three (3) members of the Commission shall convene as soon as possible and such convening members shall proceed to review the current conditions for which the emergency powers of this chapter have been invoked. Subsequent to review, an approval may be issued upon a majority vote of the members convened. This approval will only apply to work which is deemed necessary for stabilization, securing, repair or protection of the historic site or improvement in a historic district.

c. All other work subsequent to this must be submitted for review by the Commission under the application procedures found in Section 40:9-11, et seq., of this chapter. (Ord. 6 S+FE, 8-3-94 � 27:9-9)

40:9-10. INFORMAL REVIEW.

If work which would require a permit is to take place on a building, structure or site, or within a district, which has already undergone a Commission hearing and has been recommended for designation as a historic site or district, but has yet to be reviewed by the Municipal Council, the applicant shall follow the same procedure herein set forth for property already designated at which point the Commission may make recommendations as to the appropriateness of the work and its impact on this historic fabric of the site or district. (Ord. 6 S+FE, 8-3-94 � 27:9-10)

40:9-11. APPLICATION PROCEDURES.

a. Persons seeking to undertake actions requiring review as per the provisions of this chapter must submit a completed application to the Commission.

b. A complete application shall consist of

1. A completed application form.

2. For all structures and additions thereto, architectural drawings or rendering of details of the exterior of the structure, including but not limited to: cornices, brackets, windows/fenestration, brickwork, mortar, window trim and moldings, heads and sills, porches, balusters, porch frieze, projecting elements, doors and bays shall be included with the application if available.

3. If such drawings are not available, the Commission shall have the right to require whatever documentation of the work to be performed as is necessary to make an informed decision.

4. For all structures, a detailed narrative description of the proposed scope of work (construction, alterations, repair, restoration, etc.).

5. Current photographs of the improvement.

6. Specification sheets listing all materials to be used including catalogue lot sheets, sample paint chips, etc.

7. Application fee of $

c. The Historic Preservation Officer shall forward the complete application to the Commission foreport, except in those instances described herein where the Chairperson of the Commission may issue the approval.

(Ord. 6 S+FE, 8-3-94 � 27:9-11)

40:9-12. COMMISSION REVIEW OF DEVELOPMENT AND ZONING APPLICATIONS

a. The Central Planning Board and Board of Adjustment shall make available to the Commission every application for development submitted to either board for development in historic zoning districts or on historic sites designated on the zoning or official map or identified in any component element of the master plan.

b. This referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner.

c. The Commission may provide its advice, which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted.

d. If a recommendation of the Commission is rejected, the Central Planning Board or Board of Adjustment, as the case may be, shall include the reasons for rejecting the recommendation in the findings of its decision on the application.

(Ord. 6 S+FE, 8-3-94 � 27:9-12)

40:9-13. COMMISSION REVIEW OF APPLICATION FOR PERMITS.

a. At the request of any person seeking to undertake actions requiring review as per the provisions of this chapter, the Commission shall schedule a hearing on his or her application. The applicant shall not be required to appear or to be represented at the meeting in which the application is being considered.

b. Completed applications for approval of a permit shall be submitted to the Administrative Officer a minimum of fourteen (14) days prior to a Commission's regularly scheduled meeting.

c. Applications for minor alterations and ordinary maintenance and repair may be reviewed by the Historic Preservation Officer who, at his or her discretion may issue a Certificate of No Effect, may require additional submittal information and/or refer the application to the Commission upon being deemed complete. In making such a determination the Historic Preservation Officer shall consider factors, including, but not limited to the effect of the proposed work in creating, altering, destroying or affecting the architectural features of the landmark building, structure, object, site or landscape feature upon which such work is to be done and the relationship between the results of such work and the architectural features of neighboring buildings, structures, objects, sites and landscape features. In appraising such effects and relationships, factors of aesthetic, historical and architectural values and significance, architectural style, design, arrangement, texture, material and color in addition to any other pertinent matters shall be considered.

d. For all applications not issued a Certificate of No Effect, the Commission shall render a decision within forty-five (45) days the application is deemed complete. If approved, such approval shall be known as a Certificate of Appropriateness.

e. If the Commission should fail to act within forty-five (45) days, the permit shall be deemed approved. Nothing herein shall prohibit an extension of time by mutual agreement between the applicant and the Commission.

f. The Commission may advise the Administrative Officer or the applicant, as the case may be, and make recommendations with regard to the appropriateness of the proposed action. These recommendations may become part of the conditions for approval of an application or the basis for the rejection of an application.

1. If an application is approved with or without the imposition of conditions, a permit shall be issued promptly by the Administrative Officer.

2. If the Commission disapproves an application, the Administrative Officer shall not issue the permit and the Commission shall state its reasons in writing to the applicant within fourteen (14) days of such decision.

g. A permit shall be valid for a period of one (1) year from the date of issue unless reasonable extensions are granted by the Commission. Requests for extensions shall be made by written request and shall rest in the sound discretion of the Commission.

(Ord. 6 S+FE, 8-3-94 � 27:9-13; Ord. 6 S+FB(S), 10-10-07 � 1)

ARTICLE 4 Standards for Review

40:9-14. GENERAL STANDARDS.

a. The following standards, The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, promulgated pursuant to 16 U.S.C.A. Sec. 470a, shall guide the Commission's and Central Planning Board's decision/making concerning all applications and approvals described herein.

1. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.

2. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the designated historic property and its environment would be unimpaired.

3. Construction of historic designs that were never built shall not be undertaken.

4. New additions, alterations or new construction in a historic landscape shall be visually differentiated from the old and shall be compatible with the historic character of the landscape.

5. Replacement of missing historic plant material or vegetation features shall be substantiated by documentary or physical evidence. The replacement plant material or features shall match the historic appearance, function and where possible, species or variety.

6. A property shall be used for its historic purpose, or shall be placed in a new use that requires minimal change to the defining characteristics of the property and its environment.

7. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

8. Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or historic features from other properties shall be avoided.

9. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

10. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

11. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary or physical evidence.

12. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

13. Significant archaeological resources shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. (Ord. 6 S+FE, 8-3-94 � 27:9-14)

40:9-15. STANDARDS FOR PROTECTION.

a. Before applying protective measures, which are generally of a temporary nature and imply future historic preservation work, an analysis of the actual or anticipated threats to the property shall be made.

b. Protection shall safeguard the physical condition or environment of a property or archaeological site from further deterioration or damage caused by weather or other natural, animal or human intrusions.

c. If any historic material or architectural features are removed, they shall be properly recorded, and, if possible, stored for future study or reuse. (Ord. 6 S+FE, 8-3-94 � 27:9-15)

40:9-16. STANDARDS FOR STABILIZATION.

a. Stabilization shall reestablish the structural stability of a property through the reinforcement of load bearing members or by arresting material deterioration leading to structural failure. Stabilization shall also reestablish weather resistant conditions for a property.

b. Stabilization shall be accomplished in such a manner that it detracts as little as possible from the property's appearance. When reinforcement is required to reestablish structural stability, such work shall be concealed wherever possible so as not to intrude upon or detract from the aesthetic and historical quality of the property, except where concealment would result in the alteration or destruction of historically significant material or spaces.

(Ord. 6 S+FE, 8-3-94 � 27:9-16)

40:9-17. STANDARDS FOR NEW CONSTRUCTION.

a. In considering whether to approve or disapprove an application for new construction on a designated historic site or in a designated historic district, the Commission shall be guided by standards of the Secretary of the Interior and the following visual compatibility standards.

b. New construction need not replicate historic older buildings or structures, but may reflect contemporary design standards so long as the design and construction is compatible with surrounding historic structures. Building height, width, mass and proportion affect the degree of compatibility between the old and the new.

1. Site and Setting: A developer intending to utilize historic resource as a part of a development must consider the context of the resource's original site by honoring the original historic intention of the resource and integrating it respectfully into the new development.

2. Building Height: Height should be visually compatible with adjacent buildings. The apparent physical size, scale and height should relate to existing resources.

3. Openings on Frontal Facades: The width and height of windows, doors, and entries must harmonize in scale and proportion with the width and height of windows, doors, and entries of buildings and structures of historic significance in the surrounding environment.

4. Relationship of Unbroken Planes to Void (i.e. Punctured Planes) in Front Facades: The relationship of unbroken planes (i.e. walls) to voids (i.e. windows and doors) on the facade of a building or structure should be aesthetically harmonious with that of buildings and structures of historic significance in the surrounding environment.

5. Relationship of Vacant Land to Buildings/Structures: The relationship of a building or structure to the vacant land between and adjoining buildings or structures should not violate the existing paradigmatic spatial relationship of historically significant structures to the vacant land between said structural projects can be varied in form by using setbacks to create open spaces and landscaping when desirable to provide harmonious visual transitions between new construction and the adjacent historic properties.

6. Relationship of Exterior Projections to the Street: The relationship of exterior projections to the street in new construction should be aesthetically harmonious with the relationship of exterior projections to the street in the surrounding existing buildings of historic significance.

7. Relationship of Major Exterior Building Materials: The major exterior building materials on the facade of a building or on a structure should reflect the predominant major building materials existent on the facades of historically significant buildings and on structures in the surrounding environment.

8. Roof Forms: The roof form and slope of a building or structure is a major element in the visual image of the building. Therefore designers must take care to honor paradigmatically in new construction the existing historic roof forms and slopes so as not to violate the aesthetic harmony of the whole.

9. Rooftop Mechanical Structures and Rooftop Structures.

(a) Applications for the addition of rooftop mechanical structures, egress, mechanical bulkheads, utilitarian skylights or additions consisting ofliving space shall only be granted if such structures comply with the historic zoning regulations contained in Chapter 40:9 of this Title, as well as with the following requirements:

(1) If the roof of the subject building on which such an addition is being proposed is not a significant feature of its design;

(2) If the addition is not visible from a public thoroughfare or right-of-way;

(3) If the building on which the addition is proposed does not possess a significant roof silhouette and where such addition does not interrupt the roof or skyline;

(4) If the materials of the addition are not in the nature of utilitarian rooftop additions and if they are architecturally consistent with the existing roofscape;

(5) The addition does not adversely affect the unified aesthetic of historic buildings in the district of which the subject building is a part;

(6) Where the historic building on top of which the addition proposed is located is in or adjacent to a historic residential district such features shall be set back from the edge of the roof at least one (1) foot for each one (1) foot by which such features project above the roofline. However, no setback shall be required where the parapet wall is at least as tall as the rooftop mechanical structure.

10. Continuity in Visual Imagery of Appurtenances: Appurtenances of a building or structure such as walls, fences and landscaping shall honor the relationship of appurtenances to buildings of historic significance in the surrounding environment.

11. Scale of Buildings: Scale of buildings and structures shall be in scale with the buildings and structures of historic significance.

12. Signage: Signs which are out of keeping with the character of the environment in question should not be used. Excessive size and inappropriate placement on buildings result in visual clutter. A sign should be designed to relate harmoniously to exterior building materials and colors. A sign should express a simple clear message with wording kept to a minimum.

13. Site Planning: The site planning of landscaping, parking facilities, utility and service areas, walkways, and appurtenances must reflect the site planning of landscaping, parking facilities, utility and service areas, walkways and landscape feature reticulate to buildings or structures of historic significance.

(Ord. 6 S+FE, 8-3-94 � 27:9-17; Ord. 6 PSF+A(S), 7-14-09 Exh. A)

40:9-18. STANDARDS FOR RELOCATION.

a. A permit to relocate a designated historic site or an improvement in a designated historic district, must receive five (5) favorable votes, i.e., the majority of the Commission membership.

b. In considering whether to approve or disapprove an application for a permit for the relocation of a designated historic site or improvement in a designated historic district, the Commission shall be guided by the following considerations:

1. Whether the historic character and aesthetic interest in the building, structure or object contributes to its present setting;

2. Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area will be;

3. Whether the building, structure, or object can be moved without significant damage to its physical integrity; and

4. Whether the proposed relocation area is compatible with the historical and architectural character of the building, object or structure. (Ord. 6 S+FE, 8-3-94 � 27:9-18)

40:9-19. STANDARDS FOR DEMOLITION.

a. A permit to demolish a designated historic site or an improvement in a designated historic district must receive five (5) favorable votes, i.e., the majority of the Commission membership.

b. In considering whether to approve or disapprove an application for a permit to demolish a designated historic site or an improvement in a designated historic district, the Commission shall be guided by the following considerations:

1. Its historic architectural and aesthetic significance;

2. Its use;

3. Its importance to the City and the extent to which its historic or architectural value is such that its removal would be detrimental to the public interest;

4. The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty;

5. The probable impact of its removal upon the ambience of the historic district;

6. The structural soundness and integrity of the building so as to comply with the requirements of the State Uniform Code;

7. The effect on the remaining portion of building, structure, site, object or landscape feature in cases of partial demolition.

c. In the event that a structure is unsafe or unsound so as to pose a danger to health or safety, the power and authority of the City of Newark to demolish the structure, as otherwise provided by law, shall not be impaired or altered in any way by the provisions of this chapter. The City shall be exempt from making an application to the Commission but shall notify the Commission prior to the demolition.

d. If an application to demolish is denied, the applicant shall follow the appeal process detailed herein for denial of a permit. (Ord. 6 S+FE, 8-3-94 � 27:9-19)

40:9-20. LOCAL GUIDELINES.

The Commission shall utilize locally generated guidelines or historic preservation aids in addition to the Secretary of the Interior's Standards. (Ord. 6 S+FE, 8-3-94 � 27:9-20)

40:9-21. ECONOMIC HARDSHIP.

In connection with the approval of a permit or application, the applicant may seek to establish economic hardship as a basis for relief from the standards described herein. The Commission shall review all the evidence and information submitted by the applicant, as well as perform any research necessary to make an informed decision, as part of the review process. The Commission shall consider the ability of the property to earn a reasonable rate of return, the financial condition of the applicant, and the effect of the work to be performed on the economic value of the property. If a project is infeasible or impractical economically (absent significant government subsidy) based on a project pro forma analysis or another form of financial analysis, relief from standards described herein shall be considered and may be granted. The Commission may solicit expert testimony or require that the applicant make submissions concerning any or all of the following information before it makes a determination on the application:

a. Estimate of the cost of the proposed construction, alteration, demolition, or removal of an estimate of any additional cost that would be incurred to comply with the recommendations of the Commission for changes necessary for the issuance of a permit.

b. Estimated market value of the property in its current condition: after completion of the proposed construction, alteration, demolition, or removal; after any changes recommended by the Commission; and in the case of a proposed demolition, after renovation of the existing property for continued use.

c. Any other information, including the income tax bracket of the owner, applicant or principal investors in the property considered necessary by the Commission to a determination as to whether the property does yield or may yield a reasonable return to the owners.

d. In the case of proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

(Ord. 6 S+FE, 8-3-94 � 27:9-21; Ord. 6 S+FB(S), 10-10-07 � 1)

40:9-22. EFFECT OF PROJECT APPROVAL OR DENIAL; APPEALS.

a. If a permit is approved, then the applicant may proceed to perform the work approved in the permit in compliance with the conditions attached.

b. If a permit is denied, the applicant is precluded from undertaking the activity applied for.

c. An applicant dissatisfied with the action of the Commission relating to the issuance or denial of a permit shall have the right to appeal to the Board of Adjustment pursuant to N.J.S.A. 40:55D-70a within twenty (20) days after receipt of notification of such action.

d. The applicant shall be advised by the Clerk of the Board of Adjustment of the time and place of the hearing at which the appeal will be considered, and shall have all rights defined under N.J.S. 40:55D-70a.

e. If the Board of Adjustment affirms the Commission's denial, the applicant may seek legal remedies as afforded by law.

f. If, in the case of an appeal, the Board of Adjustment determines there is an error in any order, requirement, decision or refusal made by the Administrative Officer pursuant to a report submitted by the Commission, the Board of Adjustment shall include the reasons for its determination in the findings of its decision thereon.

(Ord. 6 S+FE, 8-3-94 � 27:9-22)

ARTICLE 5 Enforcement; Preventive Maintenance; Rules of Interpretation

40:9-23. ENFORCEMENT.

a. If any person shall undertake any activity vis-a-vis a historic building, structure or site, or within a historic district, without first having obtained a permit to do so, such person shall be deemed to be in violation of this chapter.

b. Upon learning of the violation, the Administrative Officer shall serve upon the owner or responsible party of the lot whereon the violation is occurring a notice describing the violation in detail and giving the owner fourteen (14) business days to abate the violation by restoring the historic site or improvement to its status quo ante. If the owner cannot be personally served within the municipality, the notice shall be deemed to have been officially served if a copy has been posted on site and a copy sent by certified mail, return receipt requested, to the owner at his last known address as it appears on the municipal tax rolls.

c. In the event that the violation is not abated within fourteen (14) days of service or posting on site, whichever is earlier, the Administrative Officer shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging violation of this chapter.

d. Any person violating any of the provisions of this Historic Preservation Ordinance of the City of Newark shall, upon conviction thereof, be subject to the penalties set forth for violation of the zoning ordinance.

e. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

f. Fines not paid within the time period set by law shall convert to a tax lien placed against the property and shall be recorded with the City of Newark Property Tax Office and the Essex County Register of Deeds and Mortgages.

g. The Administrative Officer shall inspect work approved by a permit and report to the Commission the results of such inspections. (Ord. 6 S+FE, 8-3-94 � 27:9-23)

40:9-24. PREVENTIVE MAINTENANCE.

a. The structural integrity of all historic sites and improvements in historic districts shall be preserved against decay and deterioration by being kept free from the following structural defects by the responsible person:

1. Deteriorated or inadequate foundation.

2. Defective or deteriorated floor supports or any structural members of insufficient size to carry imposed loads with safety.

3. Members of walls, partitions or vertical supports that split, lean, list or buckle due to defective material or deterioration.

4. Structural members of ceilings and roofs, or other horizontal structural members, which sag, split or buckle due to defective materials or deterioration or are of insufficient size to carry imposed loads with safety.

5. Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration or are of insufficient strength to carry imposed loads with safety.

6. Lack of weather protection.

b. The responsible person shall repair the improvement within a specified period of receipt of a written order to correct defects or repairs to any improvement as provided in paragraph a. above, so that such improvement shall be preserved and protected in accordance with the purposes of this Article.

c. Any such order shall be in writing, state the actions to be taken with reasonable particularity and shall specify dates for compliance which may be extended for a reasonable period of time upon request to allow the responsible person to secure financing, labor and/or materials. Any such order may be appealed to the Board of Adjustment within twenty (20) days of receipt of same.

d. That taking of an appeal or the commencement of any court action hereunder shall not operate to stay any order requiring structures to be secured or requiring temporary support unless the Board of Adjustment or a court expressly stays such order.

(Ord. 6 S+FE, 8-3-94 � 27:9-24)

40:9-25. MUNICIPAL RESPONSIBILITY.

a. It is recognized that the intent and purposes of this Article would not be fully served if the City were to control the actions of others but fail to apply similar constraints to itself Accordingly, a permit shall be required before final approval of any City actions on public as well as private lands, streets, easements and rights-of-way for actions affecting designated historic sites, buildings or districts.

b. This requirement shall be deemed to include any action by any party which requires the approval or concurrence of the City or any City agency and which is not otherwise covered by the provisions of the Article.

(Ord. 6 S+FE, 8-3-94 � 27:9-25)

40:9-26. RULES OF INTERPRETATION.

a. This Article shall be liberally construed to effect the purposes set forth herein. In the event that this chapter conflicts with State law, State law shall take precedence.

b. In the event that any portion of this Article is found to be invalid for any reason by any court of competent jurisdiction, such judgment shall be limited in its effect only to the portion of the Article actually adjudged invalid and shall not be deemed to affect the operation of any other portion hereof.

(Ord. 6 S+FE, 8-3-94 � 27:9-26)

40:9-27. GENERAL.

a. No duties or powers of the Commission shall supersede or infringe on the powers of other City boards.

b. All ordinances and all provision thereof inconsistent or conflicting with the provisions of this Article are hereby repealed to the extent of such conflict or inconsistency. (Ord. 6 S+FE, 8-3-94 � 27:9-27)

40:9-28. INJUNCTIVE RELIEF.

In the event that any action which would permanently change adversely the historic building, structure, site or district, such as demolition or removal, is about to occur without an approval having been issued, the Administrative Officer shall apply to the Municipal Council for such injunctive relief as is necessary to prevent the destruction. (Ord. 6 S+FE, 8-3-94 � 27:9-28)

CHAPTER 10 SIGNS

ARTICLE 1 Signage

40:10-1. REGULATIONS.

a. The following signs shall be exempt from all signage requirements:

1. Any public notice or warning required by a valid and applicable Federal, State, County or local law, regulation or ordinance.

2. Any sign which is inside a building, not attached to a window or door, and is not readable from a distance of more than three (3) feet beyond the lot line of the lot or parcel nearest to where such sign is located.

3. Seasonally appropriate holiday lights and decorations with no commercial message.

4. Any sign indicating the name of a building and/or date of construction and/or other incidental information about its construction, which may be cut nto a masonry surface or made of bronze or of similar permanent material such as historic tablets, cornerstones, memorial plaques and emblems.

5. Traffic control signs on private property, which meet Department of Transportation standards, and which contain no commercial message of any sort.

6. Flags of the United States, New Jersey, the City of Newark, flags of any foreign nation, or other flags with purely non-commercial purposes.

7. Signs or banners advertising public or quasi-public events that are posted with the permission of the City of Newark or of any person to whom the City of Newark has delegated this authority according to guidelines set by the City of Newark with a set time limit to their posting.

8. Pump mounted fuel price informational signs subject to the following:

(a) Only one (1) fuel price informational sign shall be permitted per fuel pump nozzle.

(b) Fuel price informational signs shall be limited in size to an area of two hundred sixteen (216) square inches in accordance with State and Federal regulations.

(d) Nothing herein shall be construed to prohibit the advertisement of fuel prices on any other sign meeting the requirements of this section.

9. U.S. Postal Regulation mailboxes.

10. Political signs provided that they fully comply with Section 29:22-1 et seq. of the Revised General Ordinances of the City of Newark.

11. One (1) sign advertising the sale or rental of the premises upon which they are located provided that the sign is no more than eight (8) square feet and removed within one (1) week of the date of sale or rental of the property.

b. The following methods of measurement shall be utilized for the purposes of calculating permissible signage:

1. Individual Sign Area Measurements.

(a) The area of a sign face (which is also the sign area of a wall sign or other sign with only one (1) face) shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, graphic illustration, picture, symbol of other display, together with any material or color forming an integral part of the background of the sign. For purposes of calculating sign area, any illuminated border including those which may frame the signage within a window shall be included in the sign area calculation and used to differentiate the sign from the backdrop or structure against which it is placed. This does not include any framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning regulations and is clearly incidental to the sign itself

(b) No sign shall have more than two (2) display faces. When a sign has two (2) display faces such that both faces cannot be viewed from any one (1) point at the same time, the sign's area shall be computed by the measurement of the larger of the two (2) faces.

2. Glazed Area. Any glazing in doorways shall be considered part of the glazed area. For purposes of calculating window signs, a window shall be considered the glazed area. Signs which are required by County, State, or Federal agencies shall be exempt from calculation of permanent signage.

3. Measurement of Height. The height of a freestanding sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be considered to be the lower of the existing grade prior to construction of the newly established grade after construction, exclusive of any filing, berming, mounding or excavation solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, the sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public road or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.

4. The following signage prohibitions shall apply:

(a) Billboards shall be prohibited except as permitted by conditional use in Section 40:4-8 of the Municipal Code of the City of Newark.

(b) No signs shall be placed on fences, walls, utility poles, trees, railway or road bridges, bridge supports or abutments, retaining walls, parking meters or water towers unless approved by the City Council.

(d) In the Third Industrial District and the Fourth Business District, signs indicating the address or owning company's name or trademark image may be placed below the parapet line and above the top floor row of windows and shall be no more than fifty (50%) percent of the building width. Such signs shall be limited to business identification for the principal tenant, which must occupy at least forty (40%) percent of the building's total floor area. Such signs shall be limited to one (1) tenant per building and one (1) sign per building elevation. Such signs shall be prohibited in the Fourth Business District on buildings under one hundred ten (110) feet in height. Such signs shall be prohibited on key and contributing historic buildings in historic districts as well as on individually landmarked buildings in all districts.

(e) No sign shall be placed on an accessory building.

(f) No sign shall be lighted by means of a varied illuminated light, nor shall any sign be in whole or in any part moving, mobile, revolving and/or electrically or mechanically activated except that signs displaying the time and/or temperature shall be permitted in any business or industrial district.

(g) No sign shall be allowed with the optical illusion of movement by means of a design which presents a pattern capable of reverse perspective, giving the illusion of motion or changing copy except in the Third or Fourth Business District.

(h) No signs shall be allowed that are placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property or private property so as to be visible from a public right-of-way, where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity. This is not intended, however, to prohibit signs placed on or affixed to vehicles, buses or trailers where the sign is incidental to the primary use of the vehicle or trailer. The vehicle shall remain in fully operable condition and be driven or moved by its own power at least once per week.

(i) No sign shall be allowed which obstructs any window or door opening except for permitted awnings. Additionally, no sign shall obstruct the view of any building's existing decorative architectural features

(j) No sign shall be allowed which obstructs the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare.

(k) No building sign shall be more than four (4) feet from the building face.

(l) Awnings made of translucent material of any type are prohibited.

5. The following signs and standards and conditions that govern such signs are set forth in the sign matrix. All other signs are expressly prohibited.

c. The following design standards shall apply:

1. Signs shall be in harmony and consistent with the architecture of the building and related to the features of the building in terms of location, scale, color, lettering, materials, texture and depth. Signs shall not be dominant but shall be proportionate and shall complement the building, existing signs and surroundings.

2. There shall be consistent sign design throughout a particular project. The design elements include style of lettering, construction materials, size and illumination.

3. Building signs shall not obscure, conflict with, or cover any architectural element and must be aligned with major building elements such as windows, trim and structure lines.

4. No sign shall extend or project above the highest elevation of the wall to which it is attached or above the lowest part of the roofline of the building, whichever is less

5. Illuminated Signs.

(a) Except for channel lettering, which shall be permitted in all business and industrial districts, internally illuminated signs shall only be permitted in the Third and Fourth Business Districts and Second and Third Industrial Districts.

(b) Signs lit by external sources shall be allowed but shall be located in such a manner so as to avoid any glare on adjacent property. Sources of sign illumination shall consist of spotlamps or "gooseneck" lamps.

(c) External lights used for the illumination of any sign mounted on a building, whether or not such light fixtures are attached to or separate from the building, shall comply with the relevant lighting standards enumerated in 38:10-45.

6. Signs and sign structures of all types shall be located to allow a clear, unobstructed line of sight for three hundred (300) feet from the stop line of any intersection of streets and/or driveways, traffic signal or traffic directional sign in the intersection.

7. The width of signs mounted on the ground floor for any nonresidential or non-industrial use may be one hundred (100%) percent of the width of the portion of the wall area dedicated to the applicable use if that width is less than thirty (30) feet, or seventy-five (75%) percent if the relevant width is thirty (30) feet or greater.

d. Nonconforming Signs.

1. No nonconforming sign may be enlarged or altered in a way which would increase its nonconformity. Existing nonconforming permanent signs may continue to exist; however, when the sign is modified in either shape, size, illumination or structure, the sign shall be altered to conform to the provisions of this section.

2. Should any nonconforming sign be damaged by any means to an extent of more than fifty (50%) percent of its replacement cost at time of damage, it shall not be reconstructed except in conformity with the provisions of this section.

(Ord. 6 PSF-A(S), 7-14-09 Exh. A; Ord. 6 PSF-F, 3-17-10 � 1)

40:10-2. SIGNAGE DESIGN AND MEASUREMENT REQUIREMENTS.

a. All signs shall comply with the standards enumerated in the table below:

**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.