Article I Title, Purpose and Scope
Article II Definitions
This chapter may be cited and referred to as the "Land Use Ordinance of the City of East Orange."
It is the intent and purpose of this chapter to:
Encourage the appropriate use and development of all lands within the City in a manner which will promote the public health, safety, morals and general welfare.
Regulate the use, size, type and location of buildings and other structures as well as the size and location of yards and open spaces in relation to buildings.
Provide for the uses of land in each district considering its peculiar suitability for particular uses and to encourage the most appropriate use of land.
Provide a zoning plan which is substantially consistent with the land use plan element of the adopted Master Plan of the City of East Orange.
Provide regulations and standards to guide land subdivision and site plan review.
Confer the greatest power of local self-government consistent with the Constitution of this state to do any act authorized expressly or impliedly by the adoption of this chapter. Any specific enumeration of municipal powers contained in this chapter shall be construed as in addition and supplementary to the powers conferred in general terms by the Municipal Land Use Law and general statutory body of law. This chapter shall be liberally construed in favor of the City.
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The following additional documents are incorporated into and made part of this chapter and may be obtained from the Administrative Officer:
The Zoning Map of the City of East Orange.
Application submission checklist.
Zoning permit form.
Editor's Note: These additional documents are available from the City offices.
The rules, regulations and standards set out in this chapter shall be considered the basic requirements for the protection of the public health, safety and welfare of the citizens of the City of East Orange.
All words used in this chapter in the present tense include the future tense; all words in the plural number include the singular number and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise.
Unless otherwise specified, all distances shall be measured horizontally.
The word "building" includes the word "structure."
The word "lot" includes the word "plot."
The word "used" shall be deemed also to include "designed, intended or arranged to be used."
The term "erected" shall be deemed also to include "constructed," "reconstructed," "altered" or "moved."
The word "shall" is mandatory and not directory.
The word "zone" includes the word "district."
The word "City" means the City of East Orange in the County of Essex, State of New Jersey.
The terms "City Council," "Board of Adjustment," "Planning Board," "Construction Official" and "Administrative Officer" mean the respective boards and officers of the City of East Orange.
This chapter should be interpreted consistent with the Municipal Land Use Law, other applicable statutes, rules, regulations and ordinances of the City of East Orange, notwithstanding a specific reference to a particular statute, rule, regulation or ordinance.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY BUILDING
- A detached building separate from the principal building on the same lot, the use of which is customarily incidental and subordinate to that of the main buildings or to the use of the premises.
- ADMINISTRATIVE OFFICER
- The Zoning Officer or person in a similar position employed within the Department of Policy, Planning and Development of the City of East Orange.
- ALLEY or SERVICEWAY
- A public or private way open to public use, primarily for service and access to the rear or side of the properties abutting on a street.
- A system of electrical conductors that transmit or receive radio frequency signals for wireless communications, including amateur radio facilities, commercial wireless communication systems, commercial telecommunications facilities, and facilities that serve mobile telephone and data devices, which are licensed by the Federal Communications Commission.
- ANTENNA SUPPORT STRUCTURE
- A structure other than a telecommunications tower which is attached to a building and on which one or more antennas are located.
- One or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit.
- APARTMENT BUILDING
- Any building or portion thereof which contains three or more apartment dwelling units.
- APARTMENTS, GARDEN
- A group of residential buildings of a similar architectural style, each building fronting either on a public street or on a common yard or court and each building containing not fewer than four dwelling units and being of limited height as provided in this chapter.
- APARTMENTS, HIGH-RISE
- A multifamily structure with a minimum height of six stories.
- APARTMENTS, MID-RISE
- An apartment building containing from three stories to not more than five stories.
- A developer submitting an application for development.
- APRON SHOPFRONT
- A building type that is typically a commercial property that has been converted from a single-family dwelling and expanded with an apron, which is created when commercial design elements are added to the ground-floor space between the original structure and the sidewalk.
- A building or structure used for public gatherings or meetings.
- An architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning consists of a lightweight, rigid skeleton structure over which a covering is attached. (See "valance.")
- Any establishment wherein any one or combination of the following practices is performed by a state licensed barber:
- A. Shaving or trimming of the beard, mustache or other facial hair;
- B. Shampooing, cutting, arranging, relaxing or styling the hair;
- C. Singeing or dying of the hair;
- D. Applying cosmetic preparations, antiseptics, tonics, lotions or creams to the hair, scalp, face or neck;
- E. Massaging, cleansing or stimulating only the face, neck or scalp, with or without cosmetic preparations, either by hand, mechanical or electrical appliances; or
- F. Cutting, fitting, coloring or styling of hairpieces or wigs, to the extent that the services are performed while the wig is being worn by a person.
- The portion of the building that is partly underground, which has more than 1/2 of its height, measured from clear floor to ceiling, above the average adjoining ground level. Where the natural contour of the ground level immediately adjacent to the building is interrupted by ditching, pits or trenching, then the average adjoining ground level shall be the nearest natural contour line parallel to the walls of the building without regard to the levels created by the ditching, pits or trenching. A basement is counted as a story for the purposes of height regulation unless it is used exclusively for incidental or accessory storage or for the housing of mechanical equipment. (See "cellar.")
- BEAUTY PARLOR or BEAUTY SALON
- Any establishment where one or a combination of the following practices is performed by a state licensed beautician, cosmetologist-hairstylist or skin care specialist, as appropriate:
- A. Shaving or trimming of the beard, mustache or other facial hair;
- B. Shampooing, cutting, arranging, dressing, relaxing, curling, permanent waving or styling the hair;
- C. Singeing, dying, tinting, coloring or bleaching of the hair;
- D. Applying cosmetic preparations, antiseptics, tonics, lotions, creams or makeup to the hair, scalp, face or neck;
- E. Massaging, cleansing or stimulating the face, neck, scalp or upper part of the body, with or without cosmetic preparations, either by hand, mechanical or electrical appliances;
- F. Removing superfluous hair from the face, neck, arms, legs or abdomen by the use of depilatories, waxing or tweezers, but not by the use of electrolysis;
- G. Cutting, fitting, coloring or styling of hairpieces or wigs, to the extent that the services are performed while the wig is being worn by a person; or
- H. Hairweaving to the extent that the procedure does not involve the replacement of human hair by means of the insertion of any natural or synthetic fiber hair into the scalp.
- BEAUTY SCHOOL
- Any establishment or place licensed by the New Jersey State Board of Cosmetology and Hairstyling to be maintained for the purposes of teaching cosmetology and hairstyling to registered students.
- A sign larger than eight square feet directing attention to or advertising a business, product, commodity, service, entertainment or facility not located, conducted, sold or offered upon the premises where such sign is located or which calls public attention to a candidate, cause or public issue. (See "sign, advertising"; "sign, pylon"; "sign, roof" and "sign, wall-mounted.")
- BILLBOARD, DIGITAL
- A billboard that incorporates digital video display technology within all or part of its display area and is a type of sign that is not permitted in any part of the City of East Orange, New Jersey.
- A set of properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting street and a railroad right-of-way, parking, boundary or waterway.
- BOARD OF ADJUSTMENT
- The Board established pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
- BOARDINGHOUSE, CLASS A
- Any dwelling regulated pursuant to N.J.S.A. 55:13B-1 et seq., whether furnished or unfurnished, with one or more independent rooming units in which there are sleeping accommodations occupied by or available for occupancy by four or more persons and where meals are regularly served by the owner or operator of said dwelling; and where there is no agreement between operator and occupant to assist in bathing or dressing or providing other type of supervision; and by reason of the same, the accommodations are not suited for occupancy by disabled persons or persons requiring special care in accordance with Chapter 159; except that hotels, as defined by N.J.S.A. 55:13A-3, containing 15 or more rooms or accommodating 30 or more persons, shall be excluded therefrom.
- BOARDINGHOUSE, CLASS B
- Any dwelling regulated pursuant to N.J.S.A. 55:13B-1 et seq., whether furnished or unfurnished, with one or more independent rooming units in which there are sleeping accommodations occupied by or available for occupancy by one or more adult persons and where meals are regularly served by the owner or operator to the occupants; and where, by reason of the needs of the occupants, there is provided assistance in bathing or dressing or providing other types of supervision to assure safety at all times to all of the occupants, and thereby occupancy is suited to persons requiring special care but not for disabled persons. Where not more than two disabled persons or persons requiring special care, as defined in Chapter 159, live with persons to whom they are related by blood or marriage as part of a common household, the dwelling unit in which they reside shall not be a Class B boardinghouse pursuant to this definition.
- A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
- BUILDING AREA
- The total of areas taken on a horizontal plane at the largest level of the principal building and all accessory buildings, exclusive of uncovered decks, terraces and steps but inclusive of porches.
- BUILDING LINE
- A line parallel to the front lot line at any story level of a building and representing the inner edge of the front yard setback and the corresponding outer edge of the buildable area.
- BUILDING, MAIN OR PRINCIPAL
- A building in which is conducted the principal use of the lot on which it is situated.
- BUILDING TYPE
- A structure that is determined by a building's height, scale, use and location of the building on its lot.
- An architectural projection or structure without walls that provides weather protection, identity or decoration and is supported by the building to which it is attached and/or support posts. A canopy also includes a rigid structure over which a covering is attached, such as those used at formal building entrances, and it includes the canopies used to provide a roof-like structure above gasoline filling station pumps.
- The lowermost portion of the building partly or totally underground, having 1/2 or more of its height, measured from clear floor to ceiling, below the average adjoining ground level or with a floor-to-ceiling height of less than 6 1/2 feet. Where the natural contour of the ground level immediately adjacent to the building is interrupted by ditching, pits or trenching, then the average adjoining ground level shall be the nearest natural contour line parallel to the walls of the building without regard to the levels created by the ditching, pits or trenching. A cellar is not included in computing the number of stories for the purposes of height measurement. (See also "basement.")
- CHILD-CARE CENTER
- An establishment which provides care and supervision of preschool or school-age children during all or part of the day and which is licensed, staffed and equipped in accordance with the requirements of the State of New Jersey.
- Systems, structures and physical improvements for the movement of people, goods, vehicles, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
- A building or premises reserved for the exclusive use of members of an organization and their guests for civic, charitable, social or recreational purpose not conducted for gain or profit.
- Use of common personal wireless communications facilities (PWTF) 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 PWTF on a structure owned or operated by a utility or other public entity.
- COMMERCIAL DISPLAY WINDOW
- An area immediately inside an exterior window of a commercial establishment, dedicated to the display of merchandise and/or information regarding products and services furnished by the establishment.
- COMMERCIAL VEHICLE
- Every type of vehicle registered and used for commercial purposes, such as transportation of goods, wares, merchandise and passengers, except vehicles of the passenger-car type and the type commonly known as "station wagons," but including trailers and construction equipment of every kind.
- COMMON OPEN SPACE
- An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
- COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
- Any community residential facility, licensed pursuant to N.J.S.A. 30:11B-1 et seq., providing food, shelter and personal guidance, under supervision as required, to not more than 15 developmentally disabled or mentally ill persons as defined under N.J.S.A. 40:55D-66.2a.
- COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
- Any shelter as approved and certified by New Jersey Department of Human Services, providing food, shelter, medical care and other services to not more than 15 persons who have been victims of domestic violence.
- COMPLETE APPLICATION
- A completed application form and accompanying maps and documents submitted by a developer as required in Article XI (§§ 51-60 through 51-66) of this chapter and certified by the Administrative Officer.
- COMPUTER SERVER HOUSING FACILITY
- A structure or portion of a structure where the principal use is the housing of computer servers for off-site computer operations such as for backup data storage, Internet service hosting, or remote server hosting. Facilities known as "Internet hotels" or "telecom hotels" are included in this definition.
- 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 and/or operation of such use as contained in Chapter 51, Land Use, and upon the issuance of an authorization therefor by the Planning Board.
- CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
- A development of residential dwelling units exclusively for persons who are at least 62 years of age or older, which provides a continuum of accommodations and care, including at least the following three components: independent living, assisted living and nursing care units; and which provides continuing care as an integral part of the residential development. Continuing care for a CCRC permitted use is the provision of lodging and nursing, medical or other health-related services at the CCRC or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year and in consideration of the payment of an entrance fee, with or without other periodic charges, provided that the person receiving the care is not related to the person who provides the care.
- An unoccupied space, other than yard space, unobstructed to the sky, bounded on three or more sides by exterior building walls or other enclosing devices, on the same lot with a building. A court extending to a yard is an outer court. The length of an outer court is the mean horizontal distance between the open and closed ends of the court. The least dimension of a court at any level is the least of the horizontal dimensions between the ends of the court and shall be deemed to be the mean distance between these ends. The height of a court at any given level shall be measured from the lowest level of such court as actually constructed or from the curb level, whichever is higher.
- That percentage of the lot area covered by building area.
- A dead-end street or alley with a turnaround at the end.
- A roofless, floored structure, typically with a railing, that adjoins a structure. (See "porch.")
- The permitted number of dwelling units per gross area of land to be developed.
- The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
- The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill, and any use or change in the use of any building or other structure or of land or extension of use of land, for which permission may be required pursuant to this chapter. This definition includes the subdivision of land.
- DIGITAL BILLBOARD
- See "billboard, digital."
- DISABLED VEHICLE
- A vehicle in, upon or by which a person or property may be transported, which is in such state or condition that it is incapable of being operated under its own power or is in such state or condition that, if operated, it would constitute a hazard.
- The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and the means necessary for water supply preservation or for prevention or alleviation of flooding.
- DRINKING ESTABLISHMENT
- A facility utilized for the on-site consumption of alcoholic beverages subject to the regulations of the Alcoholic Beverage Commission.
- DRUG ADDICTION
- The compulsive or habitual use of any narcotic drugs, as defined in N.J.S.A. 24:21-2.
- DRUG CENTER
- Any building wherein the acts of prevention of drug addiction, attempted cure of drug addiction or treatment of the same is carried on.
- Any structure designed for use by human occupants for sleeping and living purposes, whether occupied or vacant, except that the foregoing shall not apply to hotels as defined in N.J.S.A. 55:13A-3.
- DWELLING, MULTIFAMILY
- A structure containing three or more dwelling units.
- DWELLING, SINGLE-FAMILY
- Any dwelling containing only one dwelling unit, within which unit there shall be no more than two roomers without incidental cooking facilities.
- DWELLING, TWO-FAMILY (ETC.)
- Where the term "dwelling" is modified by designation of the number of families, the same shall by modifying term be construed to mean that the building is designed to contain the number of dwelling units equivalent to the number of families specified.
- DWELLING UNIT
- Any room or group of rooms located within a dwelling forming independent living facilities for one or more persons living as a single housekeeping unit, which includes permanent facilities for living, sleeping, cooking, eating and sanitation.
- EATING AND DRINKING ESTABLISHMENT (see also "RESTAURANT")
- Retail establishment selling food and drink for consumption on the premises.
- The principal exterior face(s) of a building to the street, including, but not limited to, the wall, windows, window sills, doorways and such traditional design elements as horizontal lines, cornice and parapet.
- One or more persons not necessarily related by blood, marriage, adoption or guardianship living together as a single housekeeping unit under a common housekeeping management plan based upon an intentionally structured relationship.
- FAMILY DAY-CARE HOME
- A home occupation in a private residence approved by the Division of Youth and Family Services (DYFS) or provided by an organization with which DYFS contracts for family day care, in which child-care services are provided to no fewer than three and no more than five children for no less than 15 hours per week.
- FINAL APPROVAL
- The official action of the Planning Board or Zoning Board of Adjustment taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.
- Any fabric or flexible material attached to or designed to be flown from a flagpole or other similar structure and which represents or symbolizes an organization, group, cause, event, activity, or unit of government.
- A dwelling unit, regardless of ownership or rental tenancy, comprising all of its habitable space in a single floor of a multistory residential or mixed-use building.
- FLOOR AREA, GROSS
- The entire floor area of a building measured for each floor.
- FLOOR AREA, NET
- The entire floor area of a building measured for each floor to the interior perimeter of the exterior wall of the building, other than the cellar, halls, vestibules, elevator shafts, stairwells and toilet areas, which shall not be included; provided, however, that where the cellar is utilized for any purposes other than utilities and storage, then the cellar area shall be included in the calculation of total floor area.
- FLOOR AREA RATIO
- The ratio of the aggregate area of all floors of buildings or structures as measured at the exterior walls of each floor relative to the total area of the lot.
- A building or structure, including billboards, built directly on and anchored to the land and not attached to any other structure.
- GARAGE, ACCESSORY
- An accessory building or part of a main building used for the storage of motor vehicles as an accessory use.
- GARAGE, AUTO BODY
- A building or part thereof used for auto body work, auto body spray painting or auto body welding.
- GARAGE, COMMERCIAL
- Any building or premises used only for the storage of one or more automobiles, commercial trucks or other self-propelled vehicles owned and used by not more than one person, firm or corporation and where such vehicles are incidentally serviced.
- GARAGE, PARKING
- Any building or premises used only for the housing of motor vehicles pursuant to previous arrangements and at which automobile fuels and oils are not sold to the general public and motor vehicles are not equipped, repaired, hired or sold.
- GARAGE, PRIVATE
- A building designed for the storage of not more than three motor vehicles, of which not more than one truck may exceed 1/2 ton and in which no other business, services or industry connected with motor vehicles is conducted or rendered.
- GARAGE, PUBLIC
- Any building or premises in which a business, service or industry connected with motor vehicles is conducted or rendered and shall include all premises used for motor vehicles, either housed or unhoused, except automobile salerooms conducted exclusively for the exhibition of such vehicles.
- GARAGE, REPAIR
- A building or part thereof, other than an accessory garage or parking garage, used for the storage, care or repair of motor vehicles, including the sale of fuel and lubricants but not including auto body work, welding or spray painting.
- GARDEN APARTMENTS
- See "apartments, garden."
- GASOLINE FILLING STATION
- Any premises designed for the sale of gasoline and for other sales and services incidental to operation of motor vehicles and in conjunction therewith, but not including any auto repair shop, licensed parking lot for fee, or other industrial services.
- The curb level on a level lot. Where the lot level is higher or lower than the curb level, the average level along the wall in question shall be taken as the base for measuring the height of a building, yard or court.
- HEIGHT OF BUILDING
- The vertical distance measured in the case of flat roofs from the curb level to the level of the highest point of the roof beams adjacent to the street wall, and in the case of pitched roofs, from the curb level to the average height of the gable. In the case of both flat roofs and pitched roofs, the measurement shall be made through the center of the street facade. Where no roof beams exist or there are structures wholly or partly above the roof, the height shall be measured from the curb level to the level of the highest point of the building. Where the front wall of a building is more than 20 feet from the street line, the average level of the ground adjoining the walls of the building may be taken in measuring its height instead of the curb level.
- HIGH-RISE APARTMENTS
- See, "apartments, high-rise."
- HIGH-RISE OFFICE STRUCTURE
- A multistory structure at least four stories in height, containing elevators and used as business, professional or governmental offices.
- HOME OCCUPATION
- Any legal occupation performed by a state-licensed professional within a residential dwelling, other than that of operating a beauty parlor, barbershop, boardinghouse, lodging house or nursing home (including tourist home and convalescent home), massage or similar establishment, offering services to the general public and subject to standards under Article XXIII (§ 51-122). Such use shall not have any signage, no employees other than members of the household, no deliveries above one delivery by parcel-post type service per day, and no display from the exterior that would indicate that the premises is being used for any purpose other than that of a dwelling.
- A facility for the primary health services and medical or surgical treatment of patients, for in-hospital and outpatient care, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, training facilities, medical offices and staff residences.
- Any building having sleeping rooms that are provided for hire, with or without meals or meeting facilities. Any hotel permitted by Chapter 51, Land Use, shall meet the following criteria:
- A. It shall not be a permanent/primary residence for its users.
- B. It shall not contain a self-service guest laundry.
- C. No guest shall use the hotel as his residential address.
- D. Minimum rental period for each sleeping or other non-meeting-type room shall be 24 hours; maximum period is six months.
- E. 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.
- F. Minimum guest room size shall be 150 square feet, and minimum bathroom size for each room shall be 60 square feet. (See "lodging house.")
- The use of the area of any lot for the storage, keeping, placing, collecting, storing or abandoning of any waste or discarded materials obtained from dismantled buildings, old iron or other metal or substance, glass, paper, machine parts, accessories, discarded machines in whole or in part, motor vehicles not in operating condition, used parts of motor vehicles and any material acquired or collected commercially and commonly known as "junk" in the ordinary meaning of the word or any of the above items. Exempt from this definition is a structure's garbage room or site's enclosure for temporary storage only of waste generated on site.
- Ground, soil or earth, including structures on, above or below the surface.
- LINER BUILDING
- A building type that is a building or portion of a building constructed between the facade of a parking garage, cinema, supermarket or other large building and that building's lot line to conceal large expanses of blank wall area. Liner buildings face the street with a facade that has ample doors and windows opening onto the sidewalk.
- LIVE-WORK BUILDING
- A building that combines living space with work space that is related to the livelihood of the building's occupants. All of these uses may occupy any story of the building. A live-work building may include one unit or multiple units and may be an attached or detached unit.
- LIVING FLOOR SPACE
- The area of all portions of the dwelling actually used for or designed to be used by the residents thereof for cooking, eating, sleeping, recreation and storage of personal belongings and effects.
- LOADING SPACE
- Any off-street space not less than 12 feet wide and 45 feet long and having a clearance height of 15 feet, surfaced to be available in all weather, suitable for the loading or unloading of goods and having direct access to a street or an alley.
- LODGING HOUSE
- Any dwelling, whether furnished or unfurnished, in which there are one or more independent rooming units where there are sleeping accommodations for occupancy or available for occupancy by four or more persons and where there is no agreement between the operator and any occupant for feeding, personal care or special supervision or attention, except that hotels, as defined in N.J.S.A. 55:13A-3, containing 15 or more rooms or accommodating 30 or more persons shall be excluded therefrom. (See "hotel.")
- A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
- LOT, CORNER
- A lot abutting on two or more streets at their intersection.
- LOT COVERAGE
- That portion of a lot covered by the sum of the largest floor areas of all structures, both principal and accessory.
- LOT DEPTH
- The length of a straight line drawn from the center of the front lot line to the center of the rear lot line.
- LOT FRONTAGE
- The narrower side of the lot abutting a street, regardless of the location of the principal entrance of a building thereon. Where two lot lines abutting streets are of equal width, the owner shall have a choice in designating which shall be the lot frontage.
- LOT, INTERIOR
- A lot other than a corner lot.
- LOT LINE
- Any boundary line of a lot.
- LOT LINE, FRONT
- The street line of a lot.
- LOT LINE, REAR
- The lot line which is most distant from and most nearly parallel to the front lot line.
- LOT LINE, SIDE
- Any lot line which is not a front lot line or rear lot line.
- LOT, THROUGH
- A lot abutting on two parallel or approximately parallel streets.
- LOT WIDTH
- The mean width of a lot measured at right angles to its depth at the building line.
- MAINTENANCE GUARANTY
- Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this chapter.
- MAJOR SITE PLAN
- Any site plan not classified as a minor site plan.
- MAJOR SUBDIVISION
- Any subdivision not classified as a minor subdivision.
- A permanent roofed structure attached to and supported by the building and that projects into the public right-of-way.
- 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 § 19 of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
- MEDICAL ARTS CENTER
- A type of office structure containing a group of professional offices for medical and osteopathic physicians, dentists and other practitioners having state licenses in the healing arts. The building may contain a pharmacy which is not visible, identified or accessible directly from the street.
- MID-RISE APARTMENTS
- See "apartments, mid-rise."
- A. A development plan of one or more lots, which does not involve:
- (1) Planned development of any new street or extension of any off-tract improvement which is to be prorated;
- (2) An enlargement of an existing building by not more than the lesser of 2,000 square feet or 10% of the floor area or construction of a building of less than 2,000 square feet;
- (3) An enlargement of existing driveways and parking areas and related site improvements by more than the lesser of 10% of the lot area or 1,000 square feet.
- MINOR SUBDIVISION
- Subdivision of land for the creation of three or fewer lots, provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement.
- A building or building type that includes more than one use.
- MOBILE HOME
- Any portable or mobile structure or vehicle used as a dwelling unit or for sleeping purposes, whether or not such vehicle or structure is attached to a foundation.
- NAIL SALON
- Any business operated by a state-licensed manicurist, cosmetologist-hairstylist or beautician whose primary purpose is providing manicures, pedicures or other fingernail and/or toenail cosmetic treatment.
- All buildings and places of public assembly, including all rooms, lobbies and other spaces connected thereto with a common means of egress and entrance, designed for use as dance halls, eating and/or drinking establishments, and similar occupancies, in which the established maximum permitted occupant load exceeds the number of seats provided by more than 30% or which affords less than 12 square feet net area per occupant in the room or rooms used for public assembly.
- NONCONFORMING STRUCTURE
- A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of Chapter 51, Land Use, 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 USE
- A use or activity which was lawful prior to the adoption, revision or amendment of Chapter 51, Land Use, 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.
- NURSING HOME
- Any building in which two or more disabled persons, as defined in Chapter 159 of the Code of the City of East Orange, are housed for purposes of care, special attention, treatment or supervision and are housed for such purposes overnight or longer, but dwellings where not more than two disabled persons live with members of their families to whom they are related by blood or marriage shall be excluded therefrom.
- OFFICE OF A PHYSICIAN, SURGEON, DENTIST, LAWYER OR OTHER LICENSED STATE PROFESSIONAL
- An office for or containing only one professional practitioner.
- OFFICIAL MAP
- A map adopted by ordinance pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
- Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
- Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
- Located on the lot in question.
- Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
- OPEN-AIR PARKING STATIONS FOR MOTOR VEHICLES
- See "parking lot."
- OPEN SPACE
- Any parcel or land area or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
- OUTDOOR USABLE OPEN SPACE
- Any outside area on a lot which is accessible or available to all occupants of the building on such lot and is allocated, appropriately designed, developed and maintained for outdoor recreation purposes. Area required may be provided by private balconies having a minimum width of 4 1/2 feet and a minimum length of six feet. Those areas designated or used for driveways, parking, services and the required front yard shall not be considered "outdoor usable open space," provided that a ground level surface area provided on top of underground parking or service facilities, if otherwise suitable and appropriate, may be included in the computation as required herein.
- The owner or owners in fee of the property of a lesser estate therein, a mortgagee or vendee in possession, and assignee of rents, receiver, executor, trustee, lessee or any other person, firm or corporation, directly or indirectly in control of a building, structure or real property, and shall include any subdivision thereof of the state.
- PARKING AREA
- Any open, unoccupied space used or required for use for parking of private automobiles or other private vehicles exclusively, and in which no gasoline or automobile accessories are sold and no other business is conducted.
- PARKING LOT
- An open-air plot of ground, lot or land on which motor vehicles are parked, kept or located for a parking fee or parking charge and in which no gasoline or automobile accessories are sold and no other business is conducted. (See "parking structure.")
- PARKING SPACE, OFF-STREET
- An off-street space available for the parking of one motor vehicle, being at least nine feet wide and 18 feet in length, exclusive of passageways and driveways appurtenant thereto, and having direct usable access to a street or alley. All parking spaces, whether open or enclosed, shall be paved.
- PARKING SPACE, ON-STREET
- A space within the right-of-way of a street available for the parking of one vehicle approved in accordance with the provisions of this chapter.
- PARKING STRUCTURE
- A multistory structure within which motor vehicles are parked, kept or located for a parking fee or parking charge, and in which no gasoline or automobile accessories are sold and no other business is conducted. (See "parking lot.")
- PAROCHIAL SCHOOL
- A primary or secondary school supported by a religious organization.
- PARTY IMMEDIATELY CONCERNED
- For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
- PERFORMANCE GUARANTY
- Any security which may be accepted by a municipality, including cash, provided that a municipality shall not require more than 10% of the total performance guaranty in cash.
- PERSONAL SERVICE
- Use related to the office or place of business maintained for conduct of one of the following legal occupations: cleaner, barber, tailor, beautician, manicurist or similar occupations.
- PERSONAL WIRELESS SERVICE FACILITIES
- Facilities for the provision of personal wireless services.
- PERSONAL WIRELESS SERVICES
- Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.
- PERSONAL WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (PWTEFs)
- Accessory facilities serving and subordinate in area, extent and purpose to, and on the same lot as, a telecommunications tower or antenna location. Such facilities include, but are not limited to, transmission equipment, storage sheds, storage buildings and security fencing.
- PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES (PWTFs)
- Facilities for the provision of wireless communications services, including, but not limited to, antennas, antenna support structure, telecommunications towers and related facilities other than PWTFs.
- PLACE OF PUBLIC ASSEMBLY
- A building or portion thereof designated and built for the gathering of a group of persons for civic, political, travel, religious, social, public or recreational purposes. No house of worship, school, club, charitable institution or college or any place of public assembly shall be of frame or combustible construction, except the roof, as shall be approved by the Construction Official.
- PLANNED COMMERCIAL DEVELOPMENT
- An area of minimum contiguous size as specified by ordinance, 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 incidental to the predominant use as may be permitted by ordinance.
- PLANNED DEVELOPMENT
- Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
- PLANNED INDUSTRIAL DEVELOPMENT
- An area of a minimum contiguous size as specified by ordinance, 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 with a specified minimum contiguous acreage of 10 acres or more 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 shall be specified in this chapter.
- PLANNED UNIT RESIDENTIAL DEVELOPMENT
- An area with a specified 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 or public or quasi-public uses, all primarily for the benefit of the residential development.
- PLANNING BOARD
- The Municipal Planning Board established pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
- A map or maps of a subdivision or site plan.
- PODIUM BUILDING
- A building type that is a variant of the liner building type, but which has a small footprint on the ground level at the front of the lot with the rest of the lot devoted to parking spaces and auto circulation; with larger floors on the second floor (and higher floors, if applicable) above all or some of the parking spaces.
- A covered platform structure, usually having a separate roof, at an entrance to a building. (See "deck.")
- PRELIMINARY APPROVAL
- The conferral of certain rights pursuant to this chapter of the Code of the City of East Orange prior to final approval after specified elements of a development plan have been agreed upon by the Planning Board and the applicant.
- PROFESSIONAL HOME OFFICE
- The office of a state-licensed professional located within a residential dwelling.
- PUBLIC AREAS
- Public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic historic sites; and sites for schools and other public buildings and structures.
- PUBLIC DEVELOPMENT PROPOSAL
- A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body or any amendment thereto.
- PUBLIC DRAINAGE RIGHT-OF-WAY
- The land reserved or dedicated for the installation and maintenance of stormwater sewers, drainage ditches and sanitary sewers or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
- PUBLIC OPEN SPACE
- An open space 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.
- Any person, firm, corporation or public body that shall enter into or propose to enter into a contract with a municipality or other redevelopment entity for the redevelopment or rehabilitation of an area in need of redevelopment or an area in need of rehabilitation, or any part thereof, or for any construction or other work forming part of a redevelopment or rehabilitation project, under the provisions of the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1.
- RESIDENTIAL CLUSTER
- A contiguous or noncontiguous 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 as defined by the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
- RESTAURANT (see also "EATING AND DRINKING ESTABLISHMENT")
- An establishment where food and drink are prepared, served and consumed within the principal building in which the food is prepared.
- RESTAURANT, DRIVE-IN
- An establishment whose principal business is the sale of prepared or rapidly prepared food directly to the customer, where food is in a ready-to-consume state for consumption either within the restaurant building or in cars off the premises and where by design of physical facilities customers may receive food and/or beverages while remaining in their vehicles.
- RESTAURANT, TAKEOUT
- An establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant portion of the consumption takes place outside the confines of the restaurant.
- The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but not including conveyances so as to combine existing lots by deed or other instrument.
- ROADWAY, PRIVATE
- Any roadway providing private access to property. Such roadway shall have a minimum width of 22 feet and may be continuous or shall provide a minimum turning radius of 75 feet which is not used for parking and shall be constructed under specifications and in a manner satisfactory to the Director of Public Works.
- An occupant of a rooming house who is not a member of the family of the operator of that rooming house; and also an occupant of a dwelling unit who is not the primary occupant of the dwelling unit.
- ROOMING HOUSE
- See "lodging house."
- ROOMING UNITS
- Any habitable room or group of rooms forming a single habitable unit, used or intended to be used for living and sleeping, but not for cooking or eating.
- SCHOOL, BUSINESS
- A school listed to special instruction, such as in business, art, music, trades, handicraft, dancing or riding, except that no such school may be provided in the cellar or basement of a frame building.
- SCHOOL, PRIVATE
- An elementary or intermediate school other than a parochial school giving regular instruction capable of meeting the requirements of state compulsory education laws and approved as such and operating at least five days a week for a normal school year and supported by other than public funds.
- The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
- SENIOR CARE COMMUNITY (SCC)
- A development of residential living units exclusively for persons who are at least 62 years of age or older, which provides a continuum of accommodations and care, including at least the following three components: independent living, assisted living and nursing care units; and which provides continuing care as an integral part of the residential development. Continuing care is the provision of lodging and nursing, medical or other health-related services at the SCC. Each component of an SCC development shall be subject to all of the requirements of the State of New Jersey relating to each particular permitted use. To qualify for approval as an SCC, the applicant must demonstrate that the SCC has received or will be able to receive all necessary state approvals for each component of the SCC.
- SERVICE ESTABLISHMENT
- A business establishment conducted to render a personal service, including shoe repair shops, dry-cleaning shops and laundries, or conducted to render a household service, including the repair of watches, clocks, locks, furniture, radios, television sets and other household appliances, but not including the repair of furnaces and boilers, refrigerators, air conditioners and other articles of similar bulk and weight.
- SHOPPING CENTER
- A grouping of two or more commercial establishments built primarily for retailing purposes on common property, planned, developed, owned or managed as a unit, with a gross leasable area of at least 10,000 square feet and common off-street parking provided on the same site.
- Any structure or part thereof or device attached thereto or painted on or displayed in any manner or represented thereon which displays or includes any letter, word, model, banner, flag, pennant, insignia, device or representation, visible to the public right-of-way or other properties, used as or which is in the nature of an announcement, direction or advertisement. For the purposes of this chapter, the word "sign" does not include billboards or the flag, pennant or insignia of any national, state or other political unit or of any political, educational, charitable, philanthropic, civic, professional or religious organization.
- SIGN, ADDRESS
- A sign that indicates the address of the property.
- SIGN, ADVERTISING
- A sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises or not exclusively related to the premises.
- SIGN, A-FRAME
- An A-shaped, portable, freestanding, business sign used for advertising commodities, services or entertainment conducted upon the premises where the sign is located.
- SIGN AREA
- The smallest rectangle comprising the dimensions of a sign and enclosing all letters, symbols and other devices, or comprising the area of its background if distinguishable from a larger background, such as the wall of a building. The sign area does not include poles, bases or other supports or embellishments to the sign structure.
- SIGN, AWNING
- A building-mounted, framed structure with reinforced fabric covering that projects from the face of the building.
- SIGN, BANNER
- A sign made of fabric or other similar nonrigid material with no enclosing framework or electrical components that is supported or anchored on two or more points or edges or at all four corners. Banner signs also include nonrigid signs anchored along one edge, or two corners, with weights installed that reduce the reaction of the sign to wind.
- SIGN, BUSINESS
- A sign that directs attention to a permitted profession, office, business, commercial enterprise or industry conducted upon the premises, which sign shall be deemed an integral part of that profession, office, business, commercial enterprise or industry.
- SIGN, CIVIC
- A sign that directs attention to an event of any political, educational, charitable, philanthropic, civic, professional, religious or similar noncommercial organization, but not including any political sign.
- SIGN, ENTRANCE CANOPY
- A sign mounted, painted or otherwise applied on or attached to a fixed canopy or awning constructed to provide protection at the entrance of a building, either supported entirely from a building or supported partly from a building and with posts.
- SIGN, FREESTANDING
- A sign supported by uprights or braces or placed upon the ground and not attached to any building.
- SIGN, GASOLINE PUMP ISLAND CANOPY
- A business sign flush-mounted on the vertical surface of a gasoline pump island canopy above the pumps of a gasoline filling station. (See "canopy, gasoline pump island.")
- SIGN HEIGHT
- The dimension measured vertically from the ground level to the highest point of a sign.
- SIGN, HOLIDAY DECORATION
- A temporary sign, in the nature of decorations, clearly incidental to and customarily associated with recognized federal, state, local or religious holidays, and which contains no advertising message.
- SIGN, IDENTIFICATION
- A sign used to identify the name or address of a building, attached or unattached to the building, or the name of the management thereof.
- SIGN ILLUMINATION
- The lighting of a sign to enhance its visibility.
- SIGN ILLUMINATION, AMBIENT
- The sign is visible at night only by light indirectly falling upon it from other fixtures, such as street lamps.
- SIGN ILLUMINATION, EXTERNAL
- External lights are separate from the sign assembly but are intended to be the primary source of illumination for the sign. External lights are usually mounted above or below a sign. Examples of external lighting are gooseneck lamps or down-lighting fixtures.
- SIGN ILLUMINATION, INTERNAL
- Internal lighting elements are included in the sign assembly, such that the sign is lit from within.
- SIGN ILLUMINATION, NEON
- The sign itself is made from illuminated neon tubes.
- SIGN, INCIDENTAL
- A sign used for the direction and convenience of the public, including but not limited to signs which identify restrooms, parking lot and parking structure entrances and delivery entrances.
- SIGN, MARQUEE
- A sign attached flush to or inscribed on a marquee, which is a structure attached to or supported by a building and projecting over the public right-of way.
- SIGN, MESSAGE BOARD
- A sign used to announce events conducted upon the premises on which the sign is located or to indicate the names of persons associated with the event or the services offered upon the premises.
- SIGN, MESSAGE BOARD, ELECTRICALLY ACTIVATED
- A message board sign whose alphabetic, pictographic or symbolic information content is changed or altered, entirely or in any part, on a display surface composed of electrically illuminated or mechanically driven changeable segments.
- SIGN, MESSAGE BOARD, ELECTRONIC FIXED-MESSAGE
- A message board sign whose information content has been preprogrammed to include only certain types of changeable information, such as time, temperature, traffic conditions, or other content subject to prior programming.
- SIGN, MESSAGE BOARD, ELECTRONIC VARIABLE-MESSAGE
- A message board sign whose information content can be changed or altered by means of computer-driven electronic impulses.
- SIGN, MESSAGE BOARD, MANUALLY ACTIVATED
- A message board sign whose alphabetic, pictographic or symbolic information content is changed or altered by manual means.
- SIGN, MONUMENT
- A freestanding business or civic sign supported primarily by solid structural features, where the entire bottom of the sign is affixed to a base on the ground.
- SIGN, NAMEPLATE
- An identification sign attached or unattached to a building or structure, showing the name and address of the person occupying the building and not exceeding one square foot in area.
- SIGN, NEON
- An illuminated sign affected by a colorless, odorless light source consisting of a neon or gas tube that is bent to form letters, symbols or other shapes.
- SIGN, OUTDOOR DISPLAY CASE
- A square or rectangular case used for the advertising of cinema or other on-site attractions, affixed to the wall of a theater or the front facade thereof.
- SIGN, POLITICAL
- A sign advancing the candidacy of any candidate or group of candidates for public office, expressly excluding, however, any such signs posted or displayed on existing commercial billboards by or with the consent of the owner thereof and any such signs posted or displayed on licensed motor vehicles in operating condition; provided, however, that no such vehicle is parked or placed in any location for the primary purpose of displaying any such sign. Such signs may not be displayed on any trees or lighting stanchions or other public property.
- SIGN, PORTABLE
- A sign that is movable and not permanently attached to a building or the ground, including A-frame signs, portable message boards on wheels or trailers, gas-filled or inflated balloons, and similar signs.
- SIGN, PROJECTING
- A business sign or civic sign that is attached to a building or structure, extending in whole or in part beyond the building line but perpendicular to the building line.
- SIGN, PYLON
- A freestanding, business sign supported above the ground by one or more supports.
- SIGN, ROOF
- Any sign erected, constructed and maintained upon or over the roof of any building with the principal support of the roof structure.
- SIGN, TEMPORARY
- A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature.
- SIGN, VIDEO DISPLAY
- A sign placed inside a window consisting of electronically generated text and images displayed on a computer monitor, television screen, LCD photo frame, or similar device.
- SIGN, WALL-MOUNTED
- Any sign of solid-face or open-face construction which is placed against a building and attached to the exterior front, rear or side wall of any building.
- SIGN, WINDOW
- A sign posted, painted, placed or affixed to the interior or exterior of a window, also including signs that face the interior of a window and are exposed to public view within three feet of the window and not including merchandise within a window display.
- A standardized strip on one or more facades of a building for wall-mounted signs.
- 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, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utilities services, landscaping, structures, signs and lighting and screening devices; and any other information that may be reasonably required by the Planning Board or Board of Adjustment in order to make an informed determination pursuant to this chapter regarding review and approval of site plans.
- STABILIZED BUSINESS OCCUPANCY
- In determining the stabilized business occupancy for the application of parking or other standards contained herein, the Administrative Officer shall base his/her determination upon the actual roster of employees and other persons working on the premises on a daily basis; the usual number of persons needed to operate an establishment of the type and size involved; and such adjustments as may be necessary to establish an average use of the premises in light of peak periods, summer vacations and other special circumstances.
- That part of a building, other than a cellar or basement, between any floor and the floor or top of roof rafters next above. Any story under the pitched roof, the floor of which is not more than two feet below the plate, shall be counted as a half story.
- STORY, HALF
- That portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than five feet zero inches.
- 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 this chapter or which is shown on a plat filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulder, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
- STREET LINE
- The dividing line between the street and the lot.
- STREET WALL
- The street wall of a building at any level is the wall or part of the building nearest to the street line. Porches, piazzas or other structures attached to the building, except roofless steps, shall be considered as a part of the building.
- STREET WIDTH
- The mean distance between the right-of-way lines thereof within a block. The right-of-way lines form the boundaries of a strip of land acquired by reservation, dedication or condemnation to be occupied or occupied by a street or road.
- STRUCTURAL ALTERATION
- Any change or rearrangement in structural parts, including but not limited to partition walls, bearing walls, beams and girders or in the existing facilities; or an enlargement, either by extending on a front, side, cubical content or square footage or by increasing in height; or the moving of any building or part thereof from one location to another.
- A combination of materials to form a construction or part of a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
- The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development.
- A. The following shall not be considered "subdivisions" within the meaning of this chapter if no streets are created:
- (1) Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes, where all resulting parcels are five acres or larger in size;
- (2) Division of property by testamentary or intestate provisions;
- (3) Divisions of property upon court order;
- (4) Conveyances so as to combine existing lots by deed or other instrument; and
- (5) The assemblage of land and resale of any tract or parcel by the Chairman of the Housing Authority of the City or other public agency to any resale by a redeveloper purchasing land from the Housing Authority or other public agency or body and thereafter subdividing any such tract or parcel as established by the Chairman of the Housing Authority or other public agency or body.
- B. The term "subdivision" shall also include the term "resubdivision."
- A building, used as a departmentalized, usually self-service, retail market of a chain-store system or an independent, selling foods and other household merchandise and which contains a total floor area of 8,000 square feet or more.
- TAXI STAND
- Such portion or portions of the public street or highway designated by the City Council as a place in which licensed commercial taxis may stand or temporarily park.
- TELECOMMUNICATIONS TOWER
- A freestanding structure on which one or more antennas are located, including lattice towers, guyed towers, monopoles and similar structures.
- A platform structure extending outdoors from a floor of a house or apartment building, or a patio or other open, often paved, area adjacent to a house serving as an outdoor living space.
- A building or part of a building devoted to public entertainment, with permanently installed lighting, projection and sound equipment and associated facilities for motion pictures, concerts and/or stage productions.
- A dwelling with one or two dwelling units that has no fewer than two stories or more than three-and-a-half stories, a common or party fire wall with an adjacent unit on the other side of the common or party fire wall, and with a street and/or yard on at least two sides of the unit.
- TOWNHOUSE DWELLING STRUCTURE
- A structure containing at least two townhouse units.
- TRANSITIONAL RESIDENTIAL FACILITIES
- Temporary residential living units for groups of persons, no more than four in number, who are still receiving some type of medical or psychiatric care or supervision.
- TRANSIT VILLAGE DISTRICTS (TVD)
- Zoning districts and/or redevelopment plan areas in the section of the City located within 1/2 mile of the Brick Church Station. Transit village zoning districts and redevelopment plan areas are as follows:
Village Core Transit District and Muir's Berkeley Redevelopment Area
Evergreen/Halsted and Evergreen Square Redevelopment Areas
Lower Main Street Redevelopment Area - Phase I and Phase II
Central Avenue Entertainment District
Transit Area Medium Density Residential
Transit Area Multifamily Structures, Townhouses, Garden Apartments
Transit Area Multifamily Structures, High-Rise Apartments, Hotels
Transit Area High-Rise Multifamily Structures; Offices
North Walnut Street Redevelopment Area
Lower Main Street Area Phase 2 Area
- A structure with only two side-by-side townhouse dwelling units sharing a single common or party fire wall with the adjacent unit along a shared property line and with open space on at least three sides of each unit.
- UNDERGROUND STRUCTURE
- Any structure or part hereof, whether separate or part of a main building, which does not protrude above the finished ground level in the front yard or side yard with street frontage and does not protrude more than 2 1/2 feet above the finished ground level at any other point. In no case shall the finished ground level be graded to an unnatural configuration above or below the existing ground level of adjoining properties.
- UNDUE HARDSHIP
- The circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with the restrictions governing dimensional standards, including lot area, lot width, setbacks, yard requirements, or building height, unnecessarily burdensome or unreasonable in light of the purpose of this chapter. Undue hardship is present only where, in the absence of a variance, no feasible use can be made of the property.
- The specific purpose or purposes for which land or a building is designed, intended, occupied or maintained.
- USE, ACCESSORY
- A use which is customarily incidental and subordinate to the principal use of a lot or a building and located on the same lot therewith.
- USE, PRINCIPAL
- The primary purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
- USE VARIANCE
- An appeal to allow a structure or use within a district that is restricted against such structure or use in particular cases and for special reasons.
- USED CAR LOT
- Any area where two or more vehicles in operating condition are offered for sale or are displayed other than within a completely enclosed structure.
- The narrow vertical hanging flap at the front edge of an awning. (See "awning.")
- WIRELESS COMMUNICATIONS
- Any personal wireless services as defined in the Federal Telecommunications Act of 1996 (FTA), which includes FCC-licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.
- An open space of uniform width or depth on the same lot with a building or group of buildings, which lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as provided in this chapter.
- YARD, FRONT
- A yard extending across any street side of a lot between the side lot lines, the depth of which yard is the minimum horizontal distance between the street line and the main building or any accessory building or any projection of either, other than roofless steps, except as otherwise provided in this chapter.
- YARD, REAR
- A yard extending across the rear of a lot, the depth of which yard is the minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof, other than roofless steps, except as otherwise provided in this chapter. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard for which the property is addressed.
- YARD, SIDE
- A yard between the building and the side lot line extending from the front yard to the rear yard, the width of which yard is the minimum horizontal distance between the side lot line and the adjacent side of the main building or any projection thereof, other than roofless steps, except as otherwise provided in this chapter.
- ZONING BOARD OF ADJUSTMENT
- The Municipal Zoning Board of Adjustment established pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
- ZONING OFFICER
- This shall be the functional position of a member of the staff of the Department of Policy, Planning and Development appointed to administer Chapter 51, Land Use, of the City of East Orange, including its interpretation and enforcement.
- ZONING ORDINANCE
- Chapter 52, Land Use, of the City of East Orange.
- ZONING PERMIT
- A document signed by the Administrative Officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of Chapter 51, Land Use, or duly authorized variance.