City of Hoboken, NJ Definitions

CLASS IA place of business duly licensed by the Alcoholic Beverage Control Board primarily devoted to the sale of alcoholic beverages for consumption on the premises with an assigned occupancy of more than 50 persons and where 30% or more of the customer service floor area is based on standing occupancy; this is separate and distinct from "restaurants" as defined herein. A Class I bar or tavern may feature live music, dancing or other entertainment, subject to approval under its ABC license.

CANNABIS DELIVERY SERVICE

CLASS IIA place of business duly licensed by the Alcoholic Beverage Control Board devoted to the sale of alcoholic beverages for consumption on the premises, but with an assigned occupancy of 50 persons or fewer. A Class II bar or tavern may feature live music or other entertainment, subject to approval under its ABC license.

BASEMENT

A space having at least 1/2 of its floor-to-ceiling height above the average level of the adjoining exterior grade. A "basement" shall be counted as a story if used for business, industrial, office or residential purposes.

[Amended 6-21-1989 by Ord. No. P-58; 2-6-2002 by Ord. No. DR-17]

BED-AND-BREAKFAST

Any residential dwelling in which rooms are rented to paying guests on an overnight basis with not more than one meal served daily, with the entire service to be included in one stated price.

[Added 1-15-2020 by Ord. No. B-219]

BILLBOARD

See definition of "sign."

BLOCK

The length of a street between two intersections.

BLOCK FRONTAGE

All lots, including corner lots fronting along the street line on one side of a street between two intersecting streets, measured in feet.

[Amended 6-21-1989 by Ord. No. P-58]

BLOCK WIDTH

On any rectangular block, "block width" shall be the lesser of the two dimensions. The widths of nonrectangular blocks shall be calculated individually by the Planning Board.

[Added 6-21-1989 by Ord. No. P-58]

BOARD OF ADJUSTMENT

The Zoning Board of Adjustment of the City of Hoboken established pursuant to Section 56 of the New Jersey Municipal Land Use Law.[1]

BUILDING

Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements.

BUILDING COVERAGE

The percentage of area of a lot which is occupied by the physical limits of all buildings. In the case of a planned unit development, "building coverage" is calculated as the percentage of area of a development block occupied by the physical limits of all buildings, subject to the exclusions identified in § 196-27.1B(3)(b), the same as lot coverage.

[Amended 6-21-1989 by Ord. No. P-58; 10-19-1990 by Ord. No. R-84; 9-6-1995 by Ord. No. R-141]

BUILDING HEIGHT

The vertical distance measured from average finished grade, or from design flood elevation, whichever is higher, to the top of the highest roof beams of a flat or shed roof, to the deck level on a mansard roof, or the average distance between the eaves and the ridge line for gable, hip, and gambrel roofs.

[Amended 6-21-1989 by Ord. No. P-58; 6-17-2015 by Ord. No. Z-350]

BUILDING, LOFT

A nonresidential structure located in a district permitting residential uses in which structure residential uses are permitted in accordance with § 196-38K of this chapter.

[Amended 6-21-1989 by Ord. No. P-58; 3-3-1999 by Ord. No. R-371]

BUILDING, PRINCIPAL

A building in which is conducted the principal use of the building site on which it is situated. In any residential district, any dwelling shall be deemed to be a "principal building" on the district lot on which the same is located.

BUILDING, RESIDENTIAL

See definition of "dwelling."

BULKHEAD, ELEVATOR

A roof structure enclosing an elevator and its machine room.

[Added 6-21-1989 by Ord. No. P-58]

BULKHEAD, STAIR

A roof structure enclosing a stairway providing access to the roof.

[Added 6-21-1989 by Ord. No. P-58]

CANNABIS CULTIVATOR

A licensed person or entity that grows, cultivates, or produces cannabis, and sells this cannabis to other cannabis cultivators, manufacturers, wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 Cannabis Cultivator license issued by the State of New Jersey.

[Added 8-18-2021 by Ord. No. B-384]

A licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer. This person or entity shall hold a Class 6 Cannabis Delivery license issued by the State of New Jersey.

[Added 8-18-2021 by Ord. No. B-384]

CANNABIS DISTRIBUTOR

A licensed person or entity that transports cannabis in bulk from one licensed cannabis cultivator to another, or transports cannabis items in bulk from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 Cannabis Distributor license issued by the State of New Jersey.

[Added 8-18-2021 by Ord. No. B-384]

CANNABIS MANUFACTURER

Any licensed person or entity that processes cannabis items by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling these items to other cannabis manufacturers, cannabis wholesalers or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 Cannabis Manufacturer license issued by the State of New Jersey.

[Added 8-18-2021 by Ord. No. B-384]

CANNABIS RETAILER

Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, or by a licensed cannabis delivery service or a certified cannabis handler for off-premises transactions and delivery of cannabis items and related supplies. This person or entity shall hold a Class 5 Cannabis Retailer license issued by the State of New Jersey.

[Added 8-18-2021 by Ord. No. B-384]

CANNABIS WHOLESALER

Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This person or entity shall hold a Class 3 Cannabis Wholesaler licenser issued by the State of New Jersey.

[Added 8-18-2021 by Ord. No. B-384]

CELLAR

A space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining exterior ground. Such space shall not be used for other than storage or installed building equipment.

[Amended 6-21-1989 by Ord. No. P-58; 2-6-2002 by Ord. No. DR-17]

CERTIFICATE OF APPROPRIATENESS

A document attesting that proposed work within an historic district or affecting an historic site has been reviewed and deemed appropriate and consistent with the purpose of this chapter by the Hoboken Historic Preservation Commission.

[Added 3-20-1991 by Ord. No. P-136]

CERTIFICATE OF NO EFFECT

A document attesting that proposed work within an historic district or affecting an historic site has been reviewed and found not detrimental to the historic district or site on which the work is to be done.

[Added 3-20-1991 by Ord. No. P-136]

CITY

The City of Hoboken, Hudson County, New Jersey.

CLINIC

An ambulatory health care facility where one or more of the services of a hospital are provided on an outpatient basis by two or more physicians, dentists, other medical personnel, psychologists or social workers but not including a health care professional's private office.

[Amended 3-3-1999 by Ord. No. R-371]

CLUB

A voluntary organization, not conducted for gain, with facilities catering principally to members and their guests for recreational, athletic or social purposes.

CLUSTER

A group of cultural resources with compatible buildings, objects or structures geographically or thematically relating to and reinforcing one another through design, setting, materials, workmanship, congruency and association.

[Added 3-20-1991 by Ord. No. P-136]

COLLEGE or UNIVERSITY

A public or private institution for higher learning, beyond grade 12, providing courses of instruction as approved by the New Jersey Department of Higher Education.

CO-LOCATION

Use of a common wireless telecommunication tower or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a wireless telecommunication tower on a structure owned or operated by a utility or other public entity.[2]

[Added 5-7-2003 by Ord. No. DR-91]

COMMERCIAL

A generic or umbrella term used to identify uses and/or buildings that are nonresidential in nature. Because the term is broad, for purposes of zoning, "commercial" by itself is not considered a use. Therefore, individual uses and groups of uses are specifically identified herein for purposes of administering this chapter. See Use Table in § 196-19E.

[Added 5-15-2019 by Ord. No. B-133]

COMMERCIAL BUILDING

A building that contains only nonresidential uses, such as buildings containing restaurants, bars, recreational facilities, retail businesses and services, professional offices, or a combination thereof, but no residential uses.

[Added 5-15-2019 by Ord. No. B-133]

COMMERCIAL RECREATION

A place designed and equipped for the conduct of sports and leisure-time activities, operated as a business with an associated fee, and open to the public. Examples of commercial recreation might include bowling centers, billiard/pool halls, sports simulator facilities, eSport gaming and other similar facilities.

[Added 5-15-2019 by Ord. No. B-133]

COMMON PROPERTY

A parcel or parcels of land, together with the improvements thereon; whereas the ownership, use and enjoyment of the same are shared by the owners and tenants of the individual dwelling units in the development.

[Added 3-20-1991 by Ord. No. P-136]

COMPATIBLE PROPERTY

A resource in an historic district or cluster distinguished by its scale, material, compositional treatment and other features that provide the setting for more important resources and add to the character of the scene.

[Added 3-20-1991 by Ord. No. P-136]

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.

CONSTRUCTION

[Added 3-20-1991 by Ord. No. P-136]

The act of: adding an addition to an existing building or structure.

The erection of a new principal or accessory building or structure on a lot or property.

Alterations.

CONTRIBUTING PROPERTY

A resource in an historic district or cluster that contributes to the district's or cluster's historical significance through location, design, setting, materials, workmanship, feeling and association and which shall be afforded the same considerations as landmarks.

[Added 3-20-1991 by Ord. No. P-136]

CONVERSION

Change of use of an existing building or structure.

[Added 6-21-1989 by Ord. No. P-58]

COUNTY PLANNING BOARD

The Planning Board of Hudson County, New Jersey.

CULTURAL

Activities or acts related to the past or present social and material traits of a group or groups of people.

[Added 3-20-1991 by Ord. No. P-136]

CUSTOMER SERVICE AREA

The floor area of a retail establishment including retail businesses and services, eating and drinking places and retail food service establishments in which customers assemble to receive the goods or services offered and in which goods are displayed and sales are transacted. It does not include those areas of the establishment used for bulk storage, kitchens and toilets.

[Added 6-29-1994 by Ord. No. R-58]

DECIBEL

A unit of measurement of the intensity (loudness) of sound.

DEMOLITION

The dismantling or razing of all or part of a building, structure, object, site or landscape feature, including interior spaces and all operations incidental thereto.

[Added 3-20-1991 by Ord. No. P-136]

DENSITY

The permitted number of dwelling units per gross area of land to be developed.

[Added 3-20-1991 by Ord. No. P-136]

DESIGN FLOOD ELEVATION

The base flood elevation or an elevation designated and adopted by the municipality plus required freeboard. The design flood elevation is established by ordinance and set forth in Chapter 104, Flood Damage Prevention, of the Municipal Code of the City of Hoboken.

[Added 6-17-2015 by Ord. No. Z-350]

DESIGN GUIDELINES

Standards set forth in this chapter by the Historic Preservation Commission or which are subsequently adopted by the Hoboken Council which aim to preserve and provide a continuity of the historic, cultural and architectural character of an area or of a building, object, site, structure or landscape feature.

[Added 3-20-1991 by Ord. No. P-136]

DEVELOPMENT

Construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, and any use or change in the use of any building or other structure, or land or extension of use of land for which permission may be required, as set forth in this chapter or the Municipal Land Use Law.[3]

[Added 6-21-1989 by Ord. No. P-58]

DEVELOPMENT BLOCK

The area in a planned unit development bounded by existing public streets and/or public or private streets created in accordance with the Urban Design Review guidelines, § 196-27.1.

[Added 9-6-1995 by Ord. No. R-141]

DEVELOPMENT REGULATION

A zoning ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to the New Jersey Municipal Land Use Law.[4]

DISTRICT

A "district," or "zoning district," shall be any portion of the territory of the City of Hoboken within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.

DISTRICT, OVERLAYAn "overlay district," termed a "subdistrict" in this chapter, is designed to provide flexibility to particular regulatory needs by modifying district regulations for a specific area within the district whose characteristics, while significantly related to those of the larger district, have special requirements and whose boundaries are shown by a distinctive overlay pattern or subdistrict boundary line.

DRY CLEANING ESTABLISHMENT, DROP-OFF

DISTRICT, SPECIAL REVIEWOne in which certain uses, because of the district's unique characteristics, may or may not be appropriate depending on all of the circumstances of the individual case. Special review procedures, as set forth in this chapter, are established to ensure that such uses are compatible with their locations and surrounding land uses and will further the purpose of this chapter.

DORMITORY

A building to provide sleeping and living accommodations with sanitary and general living facilities designed and used to accommodate students of a university or college or other educational use.

DRIVEWAY

A private paved access from a public way to off-street parking facilities.

[Added 6-21-1989 by Ord. No. P-58]

A retail dry cleaning establishment providing the ability to drop-off and pick-up dry cleaning with all dry cleaning being performed off premises.

[Added 5-19-1999 by Ord. No. R-383]

DRY CLEANING ESTABLISHMENT, ON PREMISES

A retail dry cleaning establishment where some or all dry cleaning is conducted on premises.

[Added 5-19-1999 by Ord. No. R-383]

DWELLING

Any building or portion thereof designed or used primarily as the permanent residence or sleeping place of one or more persons. A "dwelling" is not a hotel, motel, hospital, nursing home, dormitory, fraternity or sorority house, rooming house or similar structure under the terms of this chapter.

DWELLING, SINGLE-FAMILYA detached building containing one dwelling unit only.

DWELLING, TWO-FAMILYA detached building containing two dwelling units only.

ESSENTIAL UTILITY OR PUBLIC SERVICES

DWELLING, THREE- OR FOUR-FAMILYA building or portion thereof containing three or four dwelling units respectively.

(4)

DWELLING, MULTIFAMILYA building or portion thereof containing more than four dwelling units.

(5)

DWELLING, APARTMENTSee "apartment."

[Added 3-20-1991 by Ord. No. P-136]

(6)

DWELLING, DETACHEDA building physically detached from other buildings or portions of buildings which is occupied or is intended to be occupied for residence purposes by one housekeeping unit.

[Added 3-20-1991 by Ord. No. P-136]

DWELLING UNIT

A building or portion thereof providing complete housekeeping facilities for one family.

ECONOMIC RETURN

A profit from use of a building, object, site or structure that accrues from investment or labor.

[Added 3-20-1991 by Ord. No. P-136]

EDUCATIONAL USE

Public, parochial and private elementary and secondary schools duly licensed by the State of New Jersey, attendance at which is a sufficient compliance with the compulsory education requirements of the state. This definition shall be deemed to include all activities secondary or subordinate to the main activity of such institution, which activities are a part of the normal operation of the school or institution as set forth in its Charter.

EFFECT

A change in the quality of the historical, architectural, archaeological or cultural significance of a resource or in the characteristics that qualify the resource as historically important.

[Added 3-20-1991 by Ord. No. P-136]

EFFECT, ADVERSE

A negative change in the quality of the historical, architectural, archaeological or cultural significance of a resource or in the characteristics that qualify the resource as historically important.

[Added 3-20-1991 by Ord. No. P-136]

The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare. "Essential services" shall include firehouses, first aid and emergency aid squads and CATV, whether provided by a municipal or private agency.

EVENT SPACE

A commercial venue available for rent or that may be otherwise retained for the exclusive purpose of hosting a planned activity scheduled to occur at a specific time, such as a wedding, birthday party or business conference. Alternatively, a venue that may be rented to a private group or individual to conduct an event, where the purpose of the event is unrelated to the approved use of the host venue and is therefore not accessory to the underlying principal use, is required to obtain secondary use approval as an event space and shall meet the requirements of both an event space and any of the underlying principal uses. Excluded from this use are locations where there is an approved full-time principal use where an event may be hosted that is accessory to the principal use, such as a book-signing event at a bookstore or a private dinner party at a restaurant.

[Added 5-15-2019 by Ord. No. B-133]

FAA APPLICATION

Any application, or other request, to the Federal Aviation Administration for a license, certificate, waiver, special temporary authorization, or any other instrument of authorization issued by the Federal Aviation Administration regarding an applicant's telecommunications structures, antennas and equipment.

[Added 5-7-2003 by Ord. No. DR-91]

FAA FILINGS

Any application with all attachments, exhibits, appendices, memoranda, amendments, supplements and comments; all correspondence addressed to the Federal Aviation Administration, individual comments or objections of other parties, including but not limited to, informal objections, petitions to deny proposed findings of fact, conclusions of law, and briefs on appeal; the initial decision of the Federal Aviation Administration; notices of appeal; all briefs and other documents on appeal; and all other related matters.

[Added 5-7-2003 by Ord. No. DR-91]

FAMILY

Any number of individuals, related by blood, marriage or adoption (or not more than five individuals who are not so related), living together as a single housekeeping unit, using rooms and housekeeping facilities in common and having such meals as they may eat at home prepared and eaten together.

FCC APPLICATION

Any application, or other request, to the Federal Communications Commission for a license, certificate, waiver, special temporary authorization, or any other instrument of authorization issued by the Federal Communications Commission under the Telecommunications Act of 1934 or the Telecommunications Act of 1996.

[Added 5-7-2003 by Ord. No. DR-91]

FCC FILINGS

Any application with all attachments, exhibits, appendices, memoranda, amendments, supplements and comments; all correspondence addressed to the Federal Communications Commission, individual comments or objections of other parties, including but not limited to informal objections, petitions to deny proposed findings of fact, conclusions of law, and briefs on appeal; the initial decision of the Federal Communications Commission; notices of appeal; all briefs and other documents on appeal; and all other related matters.

[Added 5-7-2003 by Ord. No. DR-91]

FLOOR AREA

The sum of the gross horizontal area of all floors of any building on a lot, measured from the exterior walls or from the center line of walls common to two buildings, but not including cellar space, floor space in open balconies, elevator or stair bulkheads and mechanical spaces. For the purposes of applying the requirements of off-street parking and loading, "floor area," in the case of offices, merchandising or service types of uses, shall mean the gross floor area used or intended to be used by tenants or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sales of merchandise. It shall not include areas used principally for nonpublic purposes, such as shop windows, for offices incident to the management or maintenance of stores or buildings, for toilets or restrooms, for utilities or for dressing rooms.

[Amended 10-20-1993 by Ord. No. R-8; 4-20-1994 by Ord. No. R-40]

FLOOR AREA RATIO (FAR)

The sum of the area of all floors of buildings or structures compared to the total area of the site.

[Amended 10-20-1993 by Ord. No. R-8; 4-20-1994 by Ord. No. R-40]

FOOTCANDLE

A unit for measuring illumination equaling the amount of direct light on a surface.

[Added 3-20-1991 by Ord. No. P-136]

FRATERNITY/SORORITY HOUSE

A rooming house, with or without provision for general meals, which is open only to students of a college or university, is owned and/or operated under the auspices of a sorority or fraternity officially recognized by a college or university and which is under the supervision of a resident manager.

FUNERAL HOME

A dwelling or other structure used and occupied by a professional licensed mortician for burial preparation and funeral services.

GARAGE, ACCESSORY

A detached accessory building or portion of a principal building used to satisfy the off-street parking requirements of on-site uses per Article XI of this chapter.

[Amended 6-21-1989 by Ord. No. P-58]

GARAGE, COMMERCIAL

A building or premises used for the repair, rental, sale and/or servicing of motor vehicles and/or the retail sale of fuel for such vehicles.

[Amended 6-21-1989 by Ord. No. P-58]

GARAGE, PRIVATE

An accessory building or structure or portion of a main building or structure for the parking of passenger motor vehicles and in which no occupation, business or services for profit are conducted.

[Added 3-20-1991 by Ord. No. P-136]

GARAGE, PUBLIC

A garage, other than an accessory garage, which is open to the public with or without a fee for the hourly, daily or monthly parking of motor vehicles.

[Amended 6-21-1989 by Ord. No. P-58]

GENERAL DEVELOPMENT

A comprehensive plan for the development of a planned development as authorized by N.J.S.A. 40:55D-39.

[Added 11-17-1989 by Ord. No. P-87]

GOVERNING BODY

The Mayor and City Council of Hoboken, New Jersey.

GRADE

The average elevation of the land around a building, or the percent of rise or descent of a sloping surface.

[Added 6-17-2015 by Ord. No. Z-350]

GRADE, FINISHED

The final elevation, after development, of the average ground level adjoining a building computed by averaging the grade obtained at the four corners of the structure or at four points set 90° apart where the ground meets the exterior wall of the building.

[Added 6-17-2015 by Ord. No. Z-350]

GROSS FLOOR AREA

The area of all floors of a building, including interior balconies and mezzanines, measured from the interior walls of each story of a building. The "gross floor area" of all buildings on a lot shall include the floor area of accessory buildings on the same lot, measured the same way.

[Added 11-17-1989 by Ord. No. P-87; amended 10-20-1993 by Ord. No. R-8; 4-20-1994 by Ord. No. R-40]

GROSS USE AREA

In planned unit developments, where ranges of ratios of residential and nonresidential uses are specified, "gross use area" represents both (i) the gross floor area of all buildings devoted to a particular use and (ii) the gross area of open land, platform or pier devoted to a particular use. In either case, the calculation of gross use area shall exclude streets as well as square footage devoted to accessory off-street parking, whether located within the principal building, within a separate accessory building or in open areas on the land, platform or pier. Open areas such as areas developed as passive or active recreation, riverfront walkway, marina or waterborne transportation may be included in the calculation.

[Added 10-20-1993 by Ord. No. R-8; amended 4-20-1994 by Ord. No. 4-40; 9-4-1996 by Ord. No. R-200]

HELISTOP or HELIPAD

A landing pad for a helicopter, which pad is duly licensed by the State of New Jersey.

HISTORIC DISTRICT

One or more historic sites, resources and intervening or surrounding property significantly affecting or affected by the quality and character of the historical site or sites and officially designated as an historic district by ordinance.[5]

[Added 3-20-1991 by Ord. No. P-136; amended 8-15-2012 by Ord. No. Z-196]

HISTORIC PRESERVATION COMMISSION

A commission of the City of Hoboken as established by municipal ordinance and as such ordinance may be amended to conform to state enabling legislation or for other reasons.[6]

[Added 3-20-1991 by Ord. No. P-136]

HISTORIC SITE

Any real property, man-made structure, natural object, vista or configuration or any portion or group of the foregoing which has been formally designated by the Mayor and City Council as being of historical, archaeological, cultural, scenic or architectural significance. An historical site may also be called a landmark or historical landmark.

[Amended 3-20-1991 by Ord. No. P-136; 8-15-2012 by Ord. No. Z-196]

HOME OCCUPATION

An occupation being conducted wholly or in part from a residence or its residential lot as an accessory use. Such occupations shall be conducted solely by resident occupants of the residential building, except that no more than two persons not a resident of the building may be employed, and provided, also, that no more than 900 square feet, or the equivalent of the first-floor area of the building, whichever is smaller, shall be used for such purpose; that the livable floor area for the residence shall remain at least as large as that required of residences; that no display of products shall be visible from the street; that the residential character of the building shall not be changed; that no sign shall be displayed exceeding the maximum area permitted for signs on each of two sides and said sign shall be placed inside the building or, if located outside, shall be attached flat against the building; that the occupation shall be conducted entirely within either the dwelling unit or an accessory building, but not both; that no occupational sounds shall be audible outside the building; that no machinery or equipment shall be used which will cause interference with radio and television reception in neighboring residences; and that the use does not reduce the parking or yard requirements of the principal use.

HOSPITAL

An acute care general hospital licensed pursuant to P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).

[Amended 3-3-1999 by Ord. No. R-371; 9-2-2020 by Ord. No. B-287]

HOTEL

Any building containing more than nine rooms or which accommodates more than 14 persons, said rooms of which are rented for sleeping purposes for compensation and which are reached from hallways common to more than two.

HOUSE OF WORSHIP

A building, such as a church, synagogue or temple, for the assembly of members of a designated faith for religious instruction and worship of a deity.

HOUSING CODE

The "Housing Code" of the City of Hoboken is that ordinance, as it may be amended, establishing minimum standards governing the condition and maintenance of dwellings.

INCIDENTAL

Something that happens over time without intention or calculation.[7]

[Added 3-20-1991 by Ord. No. P-136]

INSTRUCTIONAL USE

An institution or organization not licensed or accredited as a school by the State of New Jersey, which provides for the teaching of any skill or body of knowledge independent of a general curriculum or studies. An "instructional use" is to be distinguished from an educational use and from tutoring.

INTRUSION

A building, object, site, structure or landscape feature which detracts from a building, historic district or cluster of historical significance because of its incompatibility with the historic district's or cluster's sense of time and place and historical development or its incompatibility of scale, materials, texture or color or whose integrity has been irretrievably lost.

[Added 3-20-1991 by Ord. No. P-136]

INVENTORY

A systematic listing of cultural, historical, architectural or archaeological resources prepared by the City, state or federal government or a recognized local historic authority, following standards set forth by federal, state and City regulations for evaluation of cultural properties.

[Added 3-20-1991 by Ord. No. P-136]

JUNKYARD

An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A "junkyard" includes an automobile wrecking yard but does not include uses established entirely within enclosed buildings.

LANDMARK

The word "landmark" may substitute, in any ordinance, resolution, determination or official action pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), for "historic," "historic preservation" and "historic site."

[Added 3-20-1991 by Ord. No. P-136]

LANDSCAPE FEATURE

Any grade, body of water, stream, rock, plant, shrub, tree, path, walkway, road, plaza, fountain, sculpture or other form of natural or artificial landscaping.

[Added 3-20-1991 by Ord. No. P-136]

LOADING SPACE

An off-street space or berth for the temporary parking of a vehicle while loading or unloading. Loading spaces are regulated in Article XI.

[Amended 2-18-1998 by Ord. No. R-294]

LOT COVERAGE

Same as building coverage.

[Added 6-21-1989 by Ord. No. P-58; amended 9-6-1995 by Ord. No. R-141]

LOT or ZONE LOT

A designated parcel, tract or area of land as shown on the Tax Map, established by a plat or otherwise as permitted by law, having frontage on a public street or, in the case of a planned development, on a public or private street approved pursuant to the Urban Design Review under § 196-27.1 of this chapter, and to be used, developed or built upon for a principal use and/or uses accessory or incidental to the operation thereof.

[Amended 6-21-1989 by Ord. No. P-58; 9-6-1995 by Ord. No. R-141; 3-3-1999 by Ord. No. R-371]

LOT, CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street, forming an interior angle of less than 135°. The point of intersection of the street lot lines is the "corner."

LOT DEPTHThe mean horizontal distance between the front and rear lot lines.

MEDICAL CANNABIS DISPENSARY(IES)

LOT WIDTHThe mean width of the lot measured at right angles to its depth.

(4)

LOT AREAThe computed area contained within the lot lines.

(5)

LOT LINESThe property lines bounding the lot.

(6)

LOT, INTERIORA lot not bounded by a street.

[Added 3-20-1991 by Ord. No. P-136]

(7)

THROUGH LOTA lot fronting on two parallel streets or on two streets that do not intersect at the boundaries of the lot.

[Added 3-3-1999 by Ord. No. R-271]

LUMEN

A unit of measure for the flow of light.

[Added 3-20-1991 by Ord. No. P-136]

MARINA

A boat basin with facilities for berthing, servicing and securing all types of recreational watercraft, as well as providing adequate supplies, provisions, storage and fueling facilities. The following facilities may be provided: boat slips, boat-handling equipment, repair and maintenance facilities; marine and hardware supplies, launching facilities; fuel station; locker and sanitary facilities; a restaurant and clubhouse; recreational facilities, such as swimming pools and picnic grounds; spectator area; pedestrian area; and auto parking.

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of the New Jersey Municipal Land Use Law.[8]

An organization or entity, authorized by permit issued by the New Jersey Cannabis Regulatory Commission to purchase or obtain, possess, display, deliver, transfer, transport, distribute, supply, sell and dispense medical cannabis, medical cannabis products, paraphernalia and related supplies to registered qualifying patients, designated caregivers, or institutional caregivers pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 through 24:6I-30).

[Added 12-19-2018 by Ord. No. B-91; amended 6-17-2020 by Ord. No. B-267; 8-18-2021 by Ord. No. B-384]

MICROCELL

A small patch antenna which is generally surface-mounted to a building facade.

[Added 5-7-2003 by Ord. No. DR-91]

MIXED-USE BUILDING

A building that contains both residential and commercial uses, in which the residential use is located on a floor or floors above the commercial use or uses. Residential and commercial uses shall have separate entrances, and no residential dwelling unit shall be located below or on the same floor as a commercial use.

[Added 5-15-2019 by Ord. No. B-133]

MOTEL

A hotel designed primarily for transient automobile travelers and providing for accessory off-street parking facilities.

NIGHTCLUB

An establishment where music, dancing or other forms of entertainment are conducted and/or a place of business so licensed by the Alcoholic Beverage Control Board where the standing room occupancy exceeds 200 persons.

[Added 5-15-2019 by Ord. No. B-133]

NONCONFORMING LOT, STRUCTURE OR USE

A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. "Nonconforming structure" means a structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment. "Nonconforming use" means a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NONCONTRIBUTING

A building, object, site or structure which neither adds to nor detracts from an historic district's or cluster's sense of time and place and historical development.

[Added 3-20-1991 by Ord. No. P-136]

NURSERY SCHOOL

Any place, however designated, operated for the purpose of providing daytime care or instruction for five or more children, from two to seven years of age inclusive, and operated on a regular basis, including kindergartens, day nurseries and day-care centers.

NURSING HOME

A nursing home or convalescent home licensed pursuant to P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).

[Amended 9-2-2020 by Ord. No. B-287]

OBJECT

An object is a material thing of functional, aesthetic, cultural, historical, archaeological or scientific value that may be, by nature or design, moveable yet related to a special setting or environment.

[Added 3-20-1991 by Ord. No. P-136]

OFFICES

A room or group of rooms used for conducting the affairs of a licensed professional, general business, service industry or government, such as lawyers, accountants, travel agencies, insurance or real estate sales, engineers, architects, doctors, dentists, marketing, consulting, not-for-profit organizations, and similar occupations. An office use shall not include fabrication or assembly of tangible products that are not directly related to the principal use or that are intended for sale to the general public.

[Amended 5-15-2019 by Ord. No. B-133]

OFFICE BUILDING

A building which has more than 80% of its net floor area occupied by business or professional offices.[9]

[Amended 6-21-1989 by Ord. No. P-58]

OPEN SPACE RATIO

The percentage of total floor area, expressed in square feet, which shall be required in square feet of open space.

PARKING AREA, PRIVATE

[Repealed 2-18-1998 by Ord. No. R-294]

PARKING AREA, PUBLIC

An open area, other than a street or public way, used for the parking of automobiles and available to the public, whether for a fee, free or as an accommodation for clients or customers.

PARKING FACILITY

A garage or parking area.

PARKING FACILITY, MAJOR

A public or accessory parking facility with a capacity of 50 or more vehicles.

[Added 6-21-1989 by Ord. No. P-58]

PARKING SPACE

An off-street parking space available for parking of one motor vehicle within a public or private area and subject to the dimensional standards in § 196-40A.

[Amended 9-6-1995 by Ord. No. R-141]

PARKS AND OPEN SPACE

Any parcel or area of land or water acquired by or transferred to the City or set aside, dedicated, designated, or reserved by a legal instrument for public use or enjoyment. This does not include private open areas associated with a building or structure, such as a roof terrace, courtyard, or plaza, unless such area is designated as a shared public asset by the City of Hoboken for use by the general public.

[Added 5-15-2019 by Ord. No. B-133]

PARTICULATE MATTER

Material which is suspended in or discharged into the atmosphere in finely divided from as a liquid or solid at atmospheric pressure and temperature.

PEDESTRIAN BRIDGE

A pedestrian bridge is a continuous enclosed bridge which spans a street and is permitted only for the purpose of connecting two publicly owned buildings or two buildings where one is publicly owned and one is owned by a semi-public entity such as a nonprofit, philanthropic, religious or health services organization. In any event, at least one of the public entities must be the City of Hoboken or a municipal agency or authority such as the Hoboken Parking Authority. Such street encroachment, if permitted in a district, is subject to approval by the City Council and must comply with the design requirements of § 168-5.

[Added 3-3-1999 by Ord. No. R-371]

PENTHOUSE

A roofed enclosure on top of a building and occupying not more than 20% of the main roof area. It shall not exceed 10 feet in height and shall be set back at least 10 feet from the building line. A nonmechanical penthouse exceeding 6 1/2 feet in height above the mean roof level shall be classified as a story.

[Added 6-21-1989 by Ord. No. P-58]

PERFORMANCE STANDARD

Criteria establishing controls on noise, odor, smoke, toxic or noxious matter, vibration, fire and explosion hazards and glare or heat generated by or inherent in uses of land or buildings.

PERMITTED USE

Any use of land or buildings as permitted by this chapter.

[Added 3-20-1991 by Ord. No. P-136]

PLANNED COMMERCIAL DEVELOPMENT

An area of a minimum contiguous size of three acres to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incident to the predominant use as may be permitted by ordinance.

[Amended 6-21-1989 by Ord. No. P-58]

PLANNED DEVELOPMENT

"Planned development" means planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

[Amended 6-21-1989 by Ord. No. P-58; 9-4-1996 by Ord. No. R-200]

PLANNED INDUSTRIAL DEVELOPMENT

An area of a minimum contiguous size of five acres to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use, as may be permitted by ordinance.

PLANNED UNIT DEVELOPMENT

An area comprised of a minimum contiguous acreage of 10 acres, which may include piers, platform and water area, to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as are specified in this chapter.

[Amended 6-21-1989 by Ord. No. P-58; 11-17-1989 by Ord. No. P-87; 10-20-1993 by Ord. No. R-8; 4-20-1994 by Ord. No. R-40; 9-6-1995 by Ord. No. R-141]

PLANNED UNIT RESIDENTIAL DEVELOPMENT

An area with a minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, public or quasi-public uses, all primarily for the benefit of the residential development.

[Amended 6-21-1989 by Ord. No. P-38; 9-4-1996 by Ord. No. R-200]

PLANNING BOARD

The Planning Board of the City of Hoboken as established by the local governing body in accordance with the requirements of the New Jersey Municipal Land Use Law.[10]

PREEXISTING TOWERS AND PREEXISTING ANTENNAS

Any tower or antenna for which a building permit has been properly issued, or for which a contract, lease or other agreement has been awarded or entered into by the City Council, prior to the effective date of this section, including previously approved towers or antennas that have not yet been constructed so long as such approval is current and not expired.

[Added 5-7-2003 by Ord. No. DR-91]

PREVAILING HEIGHT

See individual district regulations.

[Amended 6-21-1989 by Ord. No. P-58; 9-20-1989 by Ord. No. P-69; 2-6-2002 by Ord. No. DR-17]

PREVAILING SETBACK

See individual district regulations.

[Amended 2-6-2002 by Ord. No. DR-17]

PRINCIPAL STRUCTURE

A structure in which the principal use of a lot, on which the structure is located, is conducted.

[Added 3-20-1991 by Ord. No. P-136]

PRINCIPAL USE

The main use of land or structures as distinguished from a subordinate or accessory use.

[Added 3-20-1991 by Ord. No. P-136]

PRIVATE SCHOOL

An institution of academic education whose general course work is comparable to the public school system and whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education.

[Added 3-20-1991 by Ord. No. P-136]

PROFESSIONAL OFFICE

The office of a member of a recognized profession.

PUBLIC OPEN SPACE

An open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, state or county agency or other public body for recreational or conservational uses.

PUBLIC PURPOSE

The use of land or buildings by the governing body or some officially created City agency or authority.

[Added 3-20-1991 by Ord. No. P-136]

QUASI-PUBLIC

In planned unit or planned unit residential developments, "quasi-public" uses are those which are devoted to recreational, cultural or educational use whether owned and operated by a public, private or institutional entity so long as the area devoted to such use is made reasonably accessible to the public.

[Added 9-4-1996 by Ord. No. R-200]

RECONSTRUCTION

The act or process of reassembling, reproducing or replacing by new construction the form, detail and appearance of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work or by reuse of original materials.

[Added 3-20-1991 by Ord. No. P-136]

RECREATION

[Amended 6-29-1994 by Ord. No. R-58; 5-15-2019 by Ord. No. B-133]

RECREATION, PRIVATEClubs or recreation facilities, operated by a for-profit or nonprofit organization and open only to bona fide members of such club or organization.

RESIDENTIAL CLUSTER DEVELOPMENT

RECREATION, PUBLICRecreation facilities operated as a nonprofit enterprise by the City of Hoboken, any other governmental entity, or any nonprofit entity and open to the general public.

See also "commercial recreation."

REHABILITATION

The act or process of returning a building, object, site, structure or landscape feature to a state of utility through repair, remodeling or alteration that makes possible an efficient contemporary use while preserving those portions or features of the building, object, site or structure that are significant to its historical, architectural and cultural values.

[Added 3-20-1991 by Ord. No. P-136]

REHABILITATION CENTER

A rehabilitation center licensed pursuant to P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).

[Added 9-2-2020 by Ord. No. B-287]

RELOCATION

Any change of the location of a building, object, site, structure or landscape feature in its present setting or to another setting.

[Added 3-20-1991 by Ord. No. P-136]

RESEARCH FACILITY

A building in which the principal activity is the systematic investigation of problems in order to discover answers or new facts and their interpretation. Reports and prototype objects shall be considered the principal products of a "research facility."

RESIDENTIAL BUILDING

A generic term describing a structure containing one or more dwelling units; no commercial activity, except for a permitted home-based business, shall be conducted in a residential building without prior approval for change of use.

[Amended 5-15-2019 by Ord. No. B-133]

A contiguous usage area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

[Added 9-4-1996 by Ord. No. R-200]

RESIDENTIAL DENSITY

[Repealed 9-4-1996 by Ord. No. R-200]

RESOURCES

A source or collection of buildings, objects, sites, structures, landscape features or areas that exemplify the cultural, social, economic, political, archaeological or architectural history of the nation, state or City.

[Added 3-20-1991 by Ord. No. P-136]

RESTAURANT

Any physical establishment, however designated, whose principal purpose is the preparation, sale, and/or service of food and beverages to the public.

[Amended 10-19-1994 by Ord. No. R-84; 5-15-2019 by Ord. No. B-133]

CLASS IA full-service restaurant with an occupancy of more than 75 patrons with a primary function and operation of the preparation and service by employees of meals to customers seated at a counter, bar, or table where the meal is consumed, and where take-out may be accessory to the principal use. A Class I restaurant may, on occasion, feature live music or other entertainment, provided there is no interruption of food service to patrons.

CLASS IIA full-service restaurant with an occupancy of 75 or fewer patrons with a primary function and operation of the preparation and service by employees of meals to customers seated at a counter, bar or table where the meal is consumed, and where take-out may be accessory to the principal use. A Class II restaurant may, on occasion, feature live music or other entertainment, provided there is no interruption of food service to patrons. Examples of a Class II restaurant might include a neighborhood bistro, pizzeria, or pub.

RIVERBORNE PUBLIC TRANSPORTATION

CLASS IIIA restaurant with limited on-site seating with a primary function of the preparation and sale of nonalcoholic beverages and food that may or may not have been cooked on site, but is prepared for consumption as part of an operation that may be principally for take-out or delivery service. Examples of a Class III restaurant might include a deli, bakery cafe, coffee or tea shop, fast-food restaurant or ice cream parlor.

(4)

CLASS IVA restaurant with limited or no seating and no customer facilities, that serves only nonalcoholic beverages and snacks principally to-go, and where no cooking or food preparation is to be done on site. Beverages may be made, and snacks may be warmed, using a tabletop appliance but where no household or commercial cooking equipment is installed. Examples might include a juice bar or to-go coffee shop.

RESTORATION

The act or process of accurately recovering the form and details of a building, object, site or structure and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

[Added 3-20-1991 by Ord. No. P-136]

RETAIL BUSINESS

An establishment, not otherwise specifically defined in this section, engaged in the sale or rental of consumer goods to individual customers.

[Added 5-15-2019 by Ord. No. B-133[11]]

RETAIL SERVICE

An establishment, not otherwise specifically defined in this section, providing services, as opposed to products, to the general public for personal or household use.

[Added 5-15-2019 by Ord. No. B-133]

Boats licensed to carry passengers for a fee from one riverfront terminal to another, whether interstate or intrastate.

[Added 6-21-1989 by Ord. No. P-58]

ROOF

The exterior covering of a building which bridges the space between the topmost plates or spandrel beams of exterior walls and protects the interior spaces beneath it from external natural elements such as sun, wind, rain and snow.

[Added 6-21-1989 by Ord. No. P-58]

ROOMING HOUSE

Any building which contains two or more units of dwelling space arranged or intended for single room occupancy, exclusive of any such unit occupied by an owner or operator and otherwise meeting criteria set forth in N.J.S.A. 55:13B-1 et seq.

[Amended 6-21-1989 by Ord. No. P-58]

ROW HOUSE

One dwelling unit in a line of three or more connected dwelling units.

[Added 3-20-1991 by Ord. No. P-136]

SETBACK LINE

A line drawn parallel to a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or the lot line beyond which a building or part of a building is not permitted to extend toward the street line or lot line.

SHIPPING TERMINAL

A building or group of buildings on a parcel of land with sufficient space for off-street loading and temporary storage of materials designated for the main purpose of receiving and dispatching materials being transferred from one mode of transportation to another.

SIDEWALK CAFE

See Chapter 168, Streets and Sidewalks, Article V, Sidewalk Cafes. For the purposes of this chapter, a sidewalk cafe shall be considered an accessory use customarily incidental to an approved restaurant use.

[Added 5-19-1982 by Ord. No. C212; amended 6-21-1989 by Ord. No. P-58; 11-13-2012 by Ord. No. Z-220[12]]

SIGN

A name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business. However, a "sign" shall not include any display of official court or public notices nor any official traffic control device, nor shall it include the flag, emblem or insignia of a nation, state, county, municipality, school or religious group. A "sign" shall not include a sign located completely within an enclosed building, except for illuminated or animated signs within show windows. Each display surface of a sign shall be considered to be a "sign."

SIGN AREAThe area within the shortest lines that can be drawn around the outside perimeter of a sign, including all decorations but excluding the supports, if they are not used for advertising purposes. All faces of the sign which carry advertising shall be included in computing "sign area."

SIGN, ADVERTISINGA sign, structure or symbol erected and maintained by an individual or corporation engaged in the sale or rental for profit of space thereon to a clientele of manufacturing, service or commercial enterprises, upon which space there is displayed, by means of painting, posting or other method, advertising copy describing a wide variety of products or services which are not necessarily made, produced, assembled, stored or sold from the lot or premises upon which the advertisement is displayed. This is also known as a "billboard."

[Added 6-21-1989 by Ord. No. P-58; repealed 11-17-1989 by Ord. No. P-87]

SIGN, BUSINESSA sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered, upon the premises where such sign is located, or to which it is affixed.

SITE

The location of a significant event, a prehistoric or historic occupation or activity or a building, structure, object, or landscaped feature, whether standing, ruined or vanished, where the location itself maintains historical, cultural, architectural or archaeological value, regardless of the value of any existing structure.

[Added 3-20-1991 by Ord. No. P-136]

SITE PLAN

A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation and drainage; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices and any other information that may be reasonably required in order to make an informed determination pursuant to review and approval of site plans by the Planning Board as set forth in this chapter.

SITE PLAN REVIEW

The examination of the specific development plans for a lot. Whenever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be approved by the Planning Board.

[Added 3-20-1991 by Ord. No. P-136]

SITE PLAN, MINOR

A development plan for projects as described in § 196-26A(2) but not including planned development or any new street.

[Added 5-15-2002 by Ord. No. DR-39]

SPECIAL REVIEW

STABILIZATION

The act or process of applying measures designed to reestablish a weather-resistant enclosure and the structural stability of an unsafe or deteriorated building, object, site, structure or landscape feature while maintaining the essential form as it exists at present.

[Added 3-20-1991 by Ord. No. P-136]

STATE

The State of New Jersey.

[Added 12-19-2018 by Ord. No. B-91]

STORY

That portion of a building included between the surface of any floor and the surface of the floor or roof next above it. An enclosed area below design flood elevation, not used for residential or commercial occupancy, shall not be considered a story for purposes of calculating the number of stories of a structure under this chapter. (See Chapter 104, Flood Damage Prevention, for permitted uses below design flood elevation.)

[Amended 6-21-1989 by Ord. No. P-58; 4-21-1999 by Ord. No. R-378; 6-17-2015 by Ord. No. Z-350]

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; or which is shown upon a plat heretofore approved pursuant to law; or which is approved by official action as provided by the New Jersey Municipal Land Use Law; or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board, and the grant to such Board of the power to review plats. It includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

STREET LINE

The edge of the street right-of-way forming the dividing line between the street and a lot.

STRUCTURE

A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land, and permanently affixed thereto.

STRUCTURE HEIGHT

Same as "building height."

[Added 3-20-1991 by Ord. No. P-136]

SUBSTANTIAL ALTERATION

Alterations and repairs made to a residential structure in order to increase its number of dwelling units to 10 or more.

[Added 6-21-1989 by Ord. No. P-58]

THEMATIC GROUP

A finite group of resources related to one another in a clearly distinguishable way by association with a single historic person, event or development force, as one building type or use, as designed by a single architect, as a single archaeological site form or as a particular set of archaeological research.

[Added 3-20-1991 by Ord. No. P-136]

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term shall include the structure and any support thereof.

[Added 5-7-2003 by Ord. No. DR-91]

TOWNHOUSE

One dwelling unit in a line of three or more connected dwelling units where each dwelling unit is compatibly designed in relation to all other units, but is distinct by such design features as width, setback, roof, design, color, exterior materials and other features, singularly or in combination. Each dwelling unit may have one, two or three stories, but nothing in the definition shall be construed to allow either one dwelling unit over the other or one dwelling unit behind the other.

[Added 3-20-1991 by Ord. No. P-136]

TRACT

An area consisting of one or more parcels, sites, pieces of land or property that are the subject of a development application.

[Added 3-20-1991 by Ord. No. P-136; amended 9-6-1995 by Ord. No. R-141]

UNUSUAL AND COMPELLING CIRCUMSTANCES

Those uncommon and extremely rare instances, factually detailed, which would warrant Historic Preservation Commission action due to the evidence presented.

[Added 3-20-1991 by Ord. No. P-136]

URBAN DESIGN REVIEW

A related aspect of site plan review applicable to planned developments in accordance with the provisions of N.J.S.A. 40:55D-45.

[Added 6-21-1989 by Ord. No. P-58]

USE

The principal purpose for which a lot or the principal building thereon is designed, occupied, maintained or intended to be used.

[Added 6-21-1989 by Ord. No. P-58]

USE, TEMPORARY

A use involving an activity or structure for a period of not more than 30 days.

[Added 6-21-1989 by Ord. No. P-58]

USE-BY-REVIEW

A use that is permitted to occupy real property within a designated zone district but is subject to review by the Planning Board, which shall include a public hearing and site plan approval.

[Added 12-19-2018 by Ord. No. B-91]

USE-BY-RIGHT

A principal use that is permitted to occupy real property within a designated zone district upon obtaining a certificate of zoning compliance. Formal land use board approval is not required.

[Added 12-19-2018 by Ord. No. B-91]

UTILITY

Water, sewerage, telephone, gas or electric service from a private or public utility company under the regulations of the New Jersey Public Utility Commission. On-site storage of gasoline, compressed gas, steam or use of conveyor belts, elevators, water mains or other means of storing, servicing or transporting goods and services on-site shall be considered a "utility."

VARIANCE

Permission to depart from the literal requirements of a zoning ordinance pursuant to Section 47 and Subsections 29-2.b.57c. and 57d. of the New Jersey Municipal Land Use Law.[13]

VISTA

A view through or along an avenue, street or opening which as a view corridor frames, highlights or accentuates a prominent building, object, site, structure, scene or panorama or patterns or rhythms of buildings, structures, objects, sites or landscape features, to include views of areas at a distance.

[Added 3-20-1991 by Ord. No. P-136]

WIRELESS TELECOMMUNICATION ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that transmit or receive radio frequency signals for wireless telecommunication towers.

[Added 5-7-2003 by Ord. No. DR-91]

WIRELESS TELECOMMUNICATION EQUIPMENT

Accessory facilities serving and subordinate in area, extent and purpose to, and on the same lot as a wireless telecommunication tower or antenna. Such facilities include transmission equipment, storage sheds, storage buildings and security fencing.

[Added 5-7-2003 by Ord. No. DR-91]

WIRELESS TELECOMMUNICATION TOWER

A freestanding vertical structure designed to support one or more wireless telecommunication antennas, including monopoles, guyed towers, lattice towers and similar structures.

[Added 5-7-2003 by Ord. No. DR-91]

YARD

An open portion of a lot, as may be required by this chapter, of uniform width or depth on the same lot with a building or a group of buildings, which open portion lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as herein permitted. Parking is not permitted in any required yard except as permitted herein.

[Amended 2-18-1998 by Ord. No. R-294]

YARD, FRONTAn open unoccupied space on a lot between the street line and a line parallel thereto at such distance therefrom as may be specified herein for the district in which said lot is located.

YARD, REARAn open unoccupied space on a lot between the rear lot line and a line parallel thereto at such distance therefrom as may be specified herein for the district in which said lot is located.