40:1-1.1Short Title.
This Title may be known and cited as the "Zoning Ordinance of the City of Newark." (R.O. 1966 C.S. § 27:1-1 [a])
40:1-1.2Construction of Title.
The provisions of this Title, including but not by way of limitation the provisions thereof relating to nonconforming use and structures, shall be construed as the continuation of the substantive provisions of the zoning ordinance of the City adopted on June 9, 1954 and effective on July 1, 1954 and the amendments and supplements thereto in effect at the adoption of these Revised General Ordinances, rather than as new enactments. (R.O. 1966 C.S. § 27:1-1 [b])
Editor's Note: Title XXVII was readopted by the publishing of the 1985 Cumulative Supplement to the 1966 Revised General Ordinance of the City of Newark. Therefore all references are to "R.O. 1966 C.S."
40:1-1.3 Definitions.
Whenever the following terms, words or phrases are used in this Title, they shall have the meaning and scope herein given.
Generally. Words used in the present tense include the future; the singular number includes the plural and the plural includes the singular. The word "lot" includes the word "plot" the word "building" includes the word "structure;" the word "zone" includes the word "district" the word "occupied" includes the words "designed or intended to be occupied" and the word "used" includes the words "arranged, designed or intended to be used."
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:
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.
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.
(R.O. 1966 C.S. § 27:1-1; Ord. 6 S+FB, 4-16-86 § 1; Ord. 6 S+FI, 11-16-87; Ord. 6 S+FJ, 9-21-88, § 27:1-1; Ord. 6 S+FL, 12-1-88; Ord. 6 S+FO, 4-19-89; Ord. 6 S+FP, 4-19-89; Ord. 6 S+FO, 8-2-89, § 27:1-1(c); Ord. 6 S+FQ 7-11-90 § 27:1-1; Ord. 6 S+FP, 5-1-91, § 1; Ord. 6 S+FQ, 5-1-91, § 1; Ord. 6 S+FB, 11-6-91; Ord. 6 S+FJ, 9-292; Ord. 6 S+FD, 4-7-93; Ord. 6 S+FC, 9-18-96 § 1; Ord. 6 S+FN, 8-4-99 § 2; Ord. 6 S+FC, 11-17-03 § 1; Ord. 6 S+FJ, 6-16-04 § 1; Ord. 6 S+FA, 6-4-08 § 1; Ord. 6 PSF-A(S), 7-14-09 Exh. A; Ord. 6 PSF-F, 3-17-10 § 1)
