Certain words and phrases used in this chapter
are defined for the purpose hereof as follows:
ACCESSORY USE OR STRUCTURE
A subordinate use or building, the purpose of which is customarily
incidental to that of the main use or building and on the same lot.
AGRICULTURAL USE
An area of land which is actively devoted to agricultural
or horticultural use which occupies no less than five acres, exclusive
of the land upon which the farmhouse is located and such additional
land as may actually be used in connection with the farmhouse, as
provided in N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.5 and 54:4-23.11.
Agricultural uses are defined herein to include peat harvesting operations.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structure parts or in the existing facilities, or an enlargement
whether by extension of a side or by increasing in height, or by moves
from one location or position to another.
AMUSEMENT MACHINE
Any coin-operated machine or device which, whether mechanical,
electrical or electronic, shall be ready for play by the insertion
of a coin and may be operated by the public for use as a game, entertainment
or amusement, the object of which is to achieve either a high or low
score, by comparison to the score of other players.
ANIMAL, DOMESTIC
Dogs, cats, rabbits, and birds (other than poultry) for noncommercial
family use only.
ANIMAL, FARM
Animals other than domestic animals that are kept and maintained
for commercial production and sale and/or family food production,
education or recreation and that are further associated with an agricultural
use as defined in this chapter.
ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical
treatment. Use as a kennel shall be limited to short-term boarding
and shall be incidental to such hospital use.
ANIMAL KENNEL
Any building, structure or premises in which animals are
kept, boarded, bred or trained for commercial gain.
APPLICANT
The landowner or the agent, optionee, contract purchaser
or other person authorized to act for and acting for the landowner
submitting an application under this chapter.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance, issuance of a permit,
or appeals.
APPROVING AUTHORITY
The Planning Board of the Township, unless a different agency
is designated by ordinance.
AUCTION MARKET
Any premises on which are held at periodic times auction
sales of merchandise or personal property.
AUTOMOTIVE SERVICE STATION or GASOLINE STATION
A place where gasoline, kerosene or any other motor fuel
or lubricating oil or grease for operating motor vehicles is offered
for sale to the public, including sale of accessories, greasing, oiling
and light motor service on the premises.
BASEMENT
That portion of a building which is partly below and partly
above grade and having at least 1/2 its height above grade and with
a floor-to-ceiling height of not less than 6 1/2 feet.
BOARDER
A person who is not related to the head of the household
and who may or may not pay for the privilege of boarding.
BOND
An insurance agreement underwritten by a reputable insurance
company approved by the Township Committee, or cash as determined
by the Township Planning Board, to provide financial surety for the
act or default of an applicant in failing to comply with the standards
of this chapter and the conditions of his approved plan.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
BUILDING AREA
That horizontal ground area which is directly under a building
or buildings.
BUILDING SETBACK
A line established by this chapter within a lot defining
the minimum distance between any structure or portion thereof to be
erected or altered and an adjacent right-of-way, easement, street
line, common open space or property line.
BUSINESS SERVICES
Establishments primarily engaged in rendering services to
business establishments on a fee or contract basis, such as advertising
and mailing; building maintenance; employment services; management
and consulting services; protective services; equipment rental and
leasing; commercial research, development, testing; photo finishing;
and personal supply services.
[Added 4-25-2011 by Ord. No. 2011-01]
CELLAR
A portion of the building partly underground, having 1/2
or more than 1/2 of its height below the average grade level of the
building or with a floor-to-ceiling height of less than 6 1/2
feet.
CHILD-CARE CENTER
An establishment providing for the care, supervision and
protection of children.
CLUSTER
Areas to be developed as a single entity according to a plan
containing residential housing, commercial and/or industrial units
which have a common or public open space as an appurtenance.
COMMERCIAL MOTOR VEHICLE OPERATION
Any facility or property used primarily for the dispatching,
garaging, servicing or maintaining of any truck registered at a gross
weight in excess of 6,000 pounds, omnibus, tractor, trailer, semitrailer,
pole trailer, or any vehicle registered in this state engaged in commerce
which is now or hereafter subject to regulation and licenses by the
Interstate Commerce Commission, the Bureau of Motor Carrier Safety
of the Federal Highway Administration or the New Jersey Division of
Motor Vehicles, provided that any such operation shall be limited
to a maximum of 50 truck or trailer-type units and a maximum of 100
trailer-type units. The temporary storage of freight or cargo consistent
with and ancillary to an operation shall be permitted. The storage
of any other freight or cargo is prohibited.
COMMERCIAL VEHICLE
Any commercial-type vehicle, whether or not registered as
a commercial vehicle, used in connection with a business or any vehicle
containing advertising matter intended to promote the interest of
any business, including tractor trailers, cabs or trailers normally
used for over-the-road use, shipping containers, straight trucks and
panel trucks.
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.
COMMON SEWER
A sewerage system wherein all uses on the property dispose
of sewage into a common facility.
COMMON WATER
A water system wherein all water users on the property obtain
their drinking water from a central well, or wells, or public water
supply system.
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
such supervision as required to not more than 15 developmentally disabled
or mentally ill persons who require assistance, temporarily or permanently,
in order to live in the community and shall include, but not be limited
to, group homes, halfway houses, intermediate care facilities, supervised
apartment living arrangements and hostels. Such a residence shall
not be considered a health care facility within the meaning of the
Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq. In the
case of a community residence housing mentally ill persons, such residents
shall have been approved for a purchase of service contract or an
affiliation agreement pursuant to such procedures as are established
by regulation of the Division of Mental Health and Hospitals of the
Department of Human Services. As used in this chapter, "developmentally
disabled person" means a person who is developmentally disabled as
defined in N.J.S.A. 30:11B-2, and "mentally ill person" means a person
who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23, but shall not include a person who has been committed
after having been found not guilty of a criminal offense by reason
of insanity or having been found unfit to be tried on a criminal charge.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to N.J.S.A. 30:14-1 et
seq. providing food, shelter, medical care, legal assistance, personal
guidance and other services to not more than 15 persons who have been
victims of domestic violence, including any children of such victims
who temporarily require shelter and assistance in order to protect
their physical or psychological welfare.
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.
COURT
Any open, unoccupied area which is bounded by three or more
attached building walls.
COVERAGE
That area of a lot which is occupied by a building or structure,
but not including covered walkways, steps, patios or a parking lot
or area or any similar improvements thereto.
CUL-DE-SAC
The end or terminal area of a dead-end street.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure, or land or extension of use of
land, for which permission may be required pursuant to this chapter.
DRIVE-IN RESTAURANT
A building where food or beverages are sold in a form ready
for consumption and where a portion of the consumption of the same
takes place or is designed to take place outside the confines of the
building but on the building lot.
DWELLING
Any permanent building or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons.
Hotels, motels, dormitories, fraternity or sorority houses, rooming
or boarding houses and other similar group quarters and institutional
living space shall not constitute a dwelling as defined in this chapter.
DWELLING, SINGLE-FAMILY
A building occupied or intended for occupancy exclusively
for one family or one household with direct access from the outside
and further provided with cooking, sleeping and sanitary facilities
for the exclusive use of the occupants of the unit.
DWELLING UNIT
One or more rooms providing living facilities for one family,
including equipment for cooking or provisions for the same and indoor
bathroom facilities.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground,
surface or overhead gas, electrical, steam or water storage or transmission
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, light
stations, telephone lines, hydrants, tanks and other similar equipment
and accessories herewith, reasonably necessary for the furnishing
of adequate service by such public utilities or municipal or other
governmental agencies or for the public health, safety or general
welfare. "Essential services" shall include firehouses or stations
and first aid and emergency first aid squads. Requirements for underground
utilities shall be subject to the requirements of the Public Utility
Commission as well as other Township ordinances where appropriate.
EXTENDED CARE FACILITY
A long-term care facility or a distinct part of a facility
licensed or approved as a nursing home, infirmary unit or a home for
the aged or a governmental medical institution.
FAMILY
Any number of persons related by blood, marriage, or adoption
or up to four unrelated persons living together as a single housekeeping
unit and using certain rooms and housekeeping facilities in common.
"Family" shall also include foster children placed with a family in
such dwelling by the Division of Youth and Family Service or a duly
incorporated child-care agency and as provided for in N.J.S.A. 40:55D-66.1.
FARM
See “agricultural use.”
FENCE
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen or separate areas.
FLEX-SPACE BUILDINGS
Businesses using structures wherein office space is combined
with a warehouse and/or the distribution of a product or products
wherein such warehouse and/or distribution is necessary and incidental
to the main office use. In such case, the warehouse shall not exceed
90% of the floor area of the building.
FLOOR AREA
The total enclosed floor area of all floors or stories of
a structure used for residential, industrial, office, business or
commercial activities, which, in the case of the latter, includes
customer facilities, showcase facilities and storage and sales facilities.
GARAGE, PRIVATE
A building or space used as an accessory to the main building
and in which no occupation, business or service for profit is carried
on but which is used primarily for vehicle storage.
GARAGE, PUBLIC
A building or space other than a private garage which is
used for storage, repair, rental, adjusting or equipping of automobiles
or other motor vehicles, other than an automotive service station
as herein defined.
GARDEN APARTMENT
A building occupied or intended for occupancy as separate
living quarters for two or more families, or two or more households,
with direct access either from the outside for each family or household
or through a common hall, and further provided that separate cooking,
sleeping and sanitary facilities are provided for the exclusive use
of the occupants of each dwelling unit. Generally, each apartment
unit is located on a single floor, but this feature is merely descriptive
and not a mandatory requirement. Additional features of a garden apartment
may be provided in common, such as off-street parking, yards and open
space. The standards for garden apartment shall be substituted for
the term "dwelling, multifamily" or the term "multiple-family dwelling"
throughout this chapter.
GOLF COURSE
A tract of land laid out to play golf in accordance with
United States Golf Association standards and improved with tees, greens,
fairways and hazards and that may include a clubhouse and shelter
and operated as a commercial enterprise or as a country club. The
golf course may include as accessory uses a pro shop, maintenance
facilities, sand, chipping and green practice areas and a practice
range for the golfers using the eighteen-hole golf course but not
a commercial driving range. The golf course owner shall also own the
accessory uses such as a pro shop, maintenance facilities and chipping
and driving practice area and golf course clubhouse.
GREENHOUSE
A building constructed mainly of glass or other translucent
material in which the temperature and humidity can be regulated for
the cultivation of delicate or out-of-season plants.
HEALTH CLUB
An establishment that provides facilities for aerobic exercises,
indoor lap pools, running and jogging, exercise equipment, and ancillary
facilities such as lockers, showers, and saunas.
[Added 4-25-2011 by Ord. No. 2011-01]
HEIGHT OF BUILDING
The vertical distance from the average ground elevation around
the foundation of the building to the highest point of the roof beams
of a flat roof and to the mean height between eaves and ridge for
gabled, hipped or pitched roofs.
HISTORIC SITE OR BUILDING
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this state,
its communities or the nation and has been so designated by one of
the above.
HOME OCCUPATION OR PROFESSION
An occupation for gain or support conducted solely by members
of the family residing in the dwelling unit, such as dressmaking,
baking, millinery, craft workshops or an office of a member of a recognized
profession, such as doctor, lawyer, architect, engineer, land surveyor,
planner or similar profession in character by virtue of training and
experience.
HOTEL
A facility offering transient lodging accommodations to the
general public and not for permanent residency and providing additional
services such as restaurants, meeting rooms and recreation facilities.
Each hotel unit shall consist of at least one bedroom, bathroom and
closet area. Cooking facilities within the separate rental units are
specifically prohibited. No hotel or any rental space thereon, other
than permanent concessionaires within a hotel or motel, shall be occupied
by the same guest or guests for a consecutive period exceeding 14
days.
HOUSEHOLD
A family, or not more than four persons, living together
as a single housekeeping unit.
IMPERVIOUS LOT COVERAGE
The square footage or other area measurement by which all
buildings and impervious surfaces cover a lot as measured in a horizontal
plane to the limits of the impervious area(s). All surfaced parking
areas and all required parking areas which are permitted to remain
unsurfaced shall be included in the computation of impervious lot
coverage.
INDUSTRIAL
Those type, class or particular establishments which manufacture,
assemble or fabricate products.
INSTITUTIONAL
A use by a public or nonprofit quasi-public body for educational,
religious, charitable or civic purposes.
INTERESTED PARTY
Any person whose right to use, acquire or enjoy property
is or may be affected by any action taken under this chapter.
INTERMEDIATE CARE FACILITY
A facility which provides, on a regular basis, health-related
care and services to individuals who do not require the degree of
care and treatment which a hospital or skilled nursing facility is
designated to provide but who, because of their mental or physical
condition, require care and services (above the level of room and
board) which can be made available to them only through institutional
facilities such as these.
JUNKYARD
Any area or structure used primarily for the collection,
storage and sale of wastepaper, rags, scrap metal or discarded material
and for the collection, dismantling, storage and salvaging of machinery
or vehicles not in running condition and for the sale of parts thereof.
KIOSK BUSINESS
Business conducted within a freestanding structure, or within
an attached structure having exposure on at least two sides and containing
less than 100 square feet in gross floor area.
LAND
A lot or geographic parcel, including improvements and fixtures
on, above or below the surface.
LIGHT INDUSTRIAL MANUFACTURING
Manufacturing or assembly plants, those that do not present
a fire or explosive potential or emit toxic matter, noise, odor, vibration,
glare, smoke, particulate matter or other elements which may be discernible
and may have a nuisance potential.
LOT
A designated parcel, tract or area established by a plat
or otherwise permitted by law and which may be used, developed or
built upon as a unit.
LOT AREA
An area of land which is determined by the limits of the
lot lines bounding that area.
LOT AVERAGING
A form of development wherein individual lot areas and bulk
requirements may be reduced, provided that the number of lot-averaged
lots does not exceed the number of lots obtainable using conventional
zoning in conformance with subdivision requirements, land use ordinances
and NJDEP restrictions.
[Amended 9-14-2005 by Ord. No. 2005-19]
LOT COVERAGE
That percentage of the lot covered by building area.
LOT DEPTH
A mean horizontal distance between the front and rear lot
lines measured at right angles to the street in the general direction
of its side lot lines.
LOT WIDTH
The horizontal distance between the lot side lines measured
at the street right-of-way line or at the building setback line when
the lot is located upon a cul-de-sac. A corner lot fronting upon two
streets shall be measured at right angles between one side line and
one street right-of-way line at the other street right-of-way line.
It shall meet the lot width requirements on one street.
MASTER PLAN
A composite of mapped and written proposals recommending
development of the Township of Andover as duly adopted by the Planning
Board.
MEDICAL OFFICES
An office or offices for the practice of general or specialized
medicine and/or therapeutic services by licensed or state-certified
practitioners.
[Added 10-27-2008 by Ord. No. 2008-17]
MOTEL
An establishment providing transient accommodations containing
six or more rooms with at least 25% of all rooms having direct access
to the outside without the necessity of passing through the main lobby
of the building and providing additional services such as restaurants,
meeting rooms and recreational facilities. Each motel unit shall consist
of a bedroom, bathroom and closet space. No unit shall have individual
cooking facilities. No motel or any rental space thereon, other than
permanent concessionaires within a hotel or motel, shall be occupied
by the same guest or guests for a consecutive period exceeding 14
days.
NONCONFORMING LOT
A lot of record existing at the time of passage of this chapter
which does not have the minimum width or depth or contain the minimum
area for the zone in which it is located.
NONCONFORMING STRUCTURE
A building which in its design or location upon a lot does
not conform to the regulations of this chapter for the zone in which
it is located.
NONCONFORMING USE
Use of a building or of land that does not conform to the
regulations of the zone in which it is located.
NURSING HOME
An extended or intermediate care facility licensed or approved
to provide full-time convalescent or chronic care to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable
to care for themselves.
OFFICIAL COUNTY MAP
The map, with changes and additions therein, adopted and
established from time to time by resolution of the Board of Chosen
Freeholders of the county pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted in accordance with the Municipal Land Use Act, or any prior act authorizing such adoption, which map
shall be deemed to be conclusive with respect to the location and
width of the streets, public parks and playgrounds and drainage rights-of-way
shown thereon.
OPEN SPACE
Any parcel or area of land 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.
OPEN SPACE CLUSTER
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
OWNER
An individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to develop
the same under this chapter.
PATIO HOME
A single-family attached one-story dwelling unit, located
on a separate lot with open space setbacks on three sides and with
a court. Patio homes that are attached to a similar house on an adjacent
lot are included in this definition.
PARKING AREA, PRIVATE
Any open area used for the temporary storage of automobiles
and other vehicles for the private use of the owners or occupants
of the lot on which the area is located.
PARKING AREA, PUBLIC
Any open area, other than a road or other public way, used
for the temporary storage of automobiles and other vehicles and available
to the public, whether for a fee or without compensation or as an
accommodation for clients, customers or employees.
PARKING SPACE
An off-street space for the parking of one motor vehicle.
PEAT
Organic matter of geological origin, excluding coal, formed
from dead plant remains in water and in the absence of air. It occurs
in bogs, swampland or marsh and contains not less than 70% by dry
weight of decomposed organic matter or, conversely, it has an ash
(mineral) content not exceeding 25% by dry weight.
PEAT HARVESTING OPERATION
An operation that drains a swamp, bog or marsh, removes the
peat that had formed under the water and then permits the area harvested
to reach its natural water table.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
PLACE OF WORSHIP
A.
A church, synagogue, temple, mosque or other
facility that is used for prayer by persons of similar beliefs.
B.
A special purpose building that is architecturally
designed and particularly adapted for the primary use of conducting
on a regular basis formal religious services by a religious congregation.
PLANNED COMMERCIAL DEVELOPMENT
A tract of land at least 25 acres in area within the Planned
Commercial Development District, developed according to a plan as
a single entity, whether owned by one or more parties, and containing
one or more buildings with appurtenant common areas, and accommodating
more than one of the uses within the Planned Commercial Development
District.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential cluster,
planned commercial development or planned industrial development.
PLANNED INDUSTRIAL DEVELOPMENT
An area of a minimum contiguous size as specified by this
chapter 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 this chapter.
PLANNED RESIDENTIAL DEVELOPMENT
An area of 200 or more contiguous acres to be developed as
a single entity according to a plan containing one or more residential
structures and uses incident to residential use as is permitted pursuant
to this chapter.
PROFESSIONAL, BUSINESS, AND ADMINISTRATIVE OFFICES
An office or offices for those professional, scientific and
technical services, including, but not limited to, the practice of
law, real estate and appraisal services, accounting, architecture,
landscape architecture, engineering, land use planning, interior design,
land surveying, graphic design, computer systems design and consulting,
marketing and sales management services, administrative management,
human resources consulting, environmental consulting services and
advertising and public relations services.
[Added 10-27-2008 by Ord. No. 2008-17]
PUBLIC AREA
A.
Public parks, playgrounds, trails, paths and
other recreational areas.
B.
Other public open spaces.
C.
Scenic and historic sites.
D.
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 DRAINAGEWAY
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water to
safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the
Township or a Township agency, board of education, state or county
agency, or other public body for recreational or conservation uses.
QUALIFYING MAP
A map required to be submitted by the applicant to the reviewing
municipal board for all cluster subdivisions. The qualifying map shall
depict a conventional subdivision with lots meeting the standard yard
requirements of the zone. The total number of lots in a cluster subdivision
shall not exceed the number of standard lots which would otherwise
have been permitted under this chapter, taking into account the physical
features of the property.
QUORUM
The majority of the full authorized membership.
RECREATION, COMMERCIAL
Facilities of a recreational nature, such as a riding academy,
bowling alley, golf course or tennis club operated for profit, open
to the public.
RESEARCH LABORATORY
An establishment or other facility for carrying on investigation
in the natural, physical, or social sciences, which may include engineering
and product development.
RIGHT-OF-WAY
A.
The strip of land on which a road, path or public
utility is located, owned by or dedicated to the public, or subject
to an easement in a public agency.
B.
Generally, the right of one to pass over the
property of another.
ROADSIDE STAND
An open or covered structure which fronts on a public street
and which is operated for the purpose of direct-to-consumer commodity
sales of products produced by operators, owned or leased, on the premises.
SEXUALLY-ORIENTED BUSINESS
A.
A commercial establishment which, as one of
its principal business purposes, offers for sale, rental or display
any of the following: books, magazines, periodicals or other printed
material, or photographs, films, motion pictures, videocassettes,
slides or other visual representations, which depict or describe a
specified sexual activity or specified anatomical area; or still-
or motion-picture machines, projectors or other image-producing devices
which show images to one person per machine at any one time and where
the images so displayed are characterized by the depiction of a specified
sexual activity or specified anatomical area; or instruments, devices
or paraphernalia which are designed for use in connection with a specified
sexual activity; or
B.
A commercial establishment that regularly features
live performances characterized by the exposure of specified anatomical
areas or by a specified sexual activity or which regularly shows films,
motion pictures, videocassettes, slides or other photographic representations
that depict or describe a specified sexual activity or specified anatomical
area.
SHOPPING CENTER
A group of commercial establishments planned, constructed
and managed as a total entity, with customer and employee parking
provided on site, provision for goods delivery separated from customer
access, and landscaping and signage provided in accordance with an
approved plan.
SIGN
Any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others. The flag, badge or insignia of any public, quasi-public,
civic, charitable or religious group shall not be considered a sign.
The term "sign" shall also include advertising structures commonly
known as billboards which direct attention to a business, commodity,
service or activity conducted, sold, offered or existing elsewhere
than upon the same lot where such sign is displayed and which are
prohibited by this chapter.
SIGN AREA
The area defined by the outside edge of the frame. Where
there is no frame or edge to the sign, the area shall be defined by
a projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines the sign.
SIGN, DIRECTIONAL
An off-premises sign which indicates direction to a permitted
use under the provisions of this chapter for special permit signs.
Temporary signs giving direction to activities and events as enumerated
in this chapter and on-premises signs, as regulated herein, directing
and controlling traffic shall also be considered directional signs.
SIGN, DIRECTLY ILLUMINATED
Any sign designed to give forth any artificial light directly,
or through any transparent or translucent material, from a source
of light connected with such sign.
SIGN, FLASHING
Any directly or indirectly illuminated sign on which the
artificial light is not maintained stationary and constant in intensity
and color at all times when in use.
SITE PLAN
A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, drainage roads, rights-of-way, boundaries, all essential dimensions and bearings, and any other information required by Chapter
131, Site Plan Review, or deemed necessary by the appropriate board in unusual or special cases.
SPECIAL EVENT
A display of persons or materials, which display is not an
adjunct to any business utilizing any rental space within the structure.
A special event does not include sidewalk sales.
SPECIFIED ANATOMICAL AREA
Less than completely and opaquely covered human genitals,
pubic region, buttock or female breast below a point immediately above
the top of the areola or human male genitals in a discernibly turgid
state, even if covered.
SPECIFIED SEXUAL ACTIVITY
The fondling or other erotic touching of covered or uncovered
human genitals, pubic region, buttock or female breast or any actual
or simulated act of human masturbation, sexual intercourse or deviate
sexual intercourse.
SPORTS FACILITIES
Facilities within an enclosed building with suitable acoustical
construction so as to abate noise beyond the interior of the building
accommodating training and playing of sports such as tennis, basketball,
baseball, softball, volleyball, handball courts, skateboarding, martial
arts instruction and indoor target ranges.
[Added 4-25-2011 by Ord. No. 2011-01]
STANDARDS OF PERFORMANCE
Standards adopted by this chapter regulating noise levels,
glare, earthborne or sonic vibrations, heat, electronic or atomic
radiation, noxious odors, toxic matters, explosive and inflammable
matters, smoke and airborne particles, waste discharge, screening
of unsightly objects or conditions and such other similar matters
as may be reasonably required by the Township ordinances or required
by applicable federal or state laws.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it.
STORY, HALF
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than four feet above the floor of such story.
STREET
A public thoroughfare which has been dedicated or deeded
to the public for public use, or a private street approved by official
action or filed on a plat in the Sussex County Clerk's office before
the appointment of a Planning Board in Andover Township.
STREET LINE
That line determining the limit of the highway rights of
the public, either existing or contemplated.
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.
TOPSOIL
The outer layer of the earth's crust, usually unconsolidated,
which differs from the material beneath it, also usually unconsolidated,
in color, structure, texture, physical constitution, chemical composition,
biological character, probable chemical processes, in reaction and
morphology.
TOWNHOUSE
A building designed for or occupied by no more than one family
or household and attached by a fireproof party wall to other similar
buildings or structures by party walls extending from the foundation
to the roof and providing at least two direct means of access from
the outside and provided with separate cooking, sleeping and sanitary
facilities and separate facilities for electric service, heating facilities
and gas service. For the purpose of this chapter, "townhouse" may
include a building in fee simple, condominium or cooperative ownership
or any combination thereof.
TRAILER
A wheel-based vehicle that is designed to be transported
by traction and which is used or may be used as a dwelling or for
the transportation or storage of goods, materials, livestock or any
object. The regulations in this chapter that apply to trailers shall
also apply to the following vehicles as herein defined below:
A.
BOAT TRAILERA trailer designed for the purpose of transporting a boat overland.
B.
HORSE TRAILERA trailer designed for the purpose of transporting horses or animals overland.
C.
HOUSE TRAILERA large trailer outfitted as a home meant to be parked more or less permanently on a location.
D.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
E.
PICKUP COACHA structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
F.
TENT TRAILERA trailer with a built-in or attached tent designed and equipped to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
G.
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, or as an office for business use.
USE
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
VARIANCE
Permission to depart from the literal requirements of this
chapter.
WAREHOUSE
A structure or room for the storage of merchandise or commodities.
In retail sales establishments, the portion of the building used for
storage or warehousing of merchandise or commodities shall not exceed
40% of the area of the building.
YARD
A.
FRONT YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the abutting street right-of-way line and the nearest part of the principal structure on the lot.
B.
REAR YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest part of the existing or proposed principal structure on the lot.
C.
SIDE YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest part of the principal structure on the lot.