The words "used for" include "designed for"
and vice versa. The word "used" shall include "arranged, designed,
constructed, altered, converted, rented, leased or intended to be
used." The word "dwelling" includes the word "residence." The word
"shall" is mandatory and not directory.
For the purpose of this chapter, certain terms
and words are herein defined as follows:
A use or structure customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or building. See § 236-22 for standards.
The Town Engineer and referred to hereinafter as the "Engineer,"
"Town Engineer" or "Municipal Engineer."
An establishment having, as a substantial or significant
portion of its stock in trade, books, magazines and other periodicals
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to nudity or sexual conduct. As
used within this chapter, "nudity" means the showing of the human
male or female genitals, pubic area or buttocks with less than a full
opaque covering or the depiction of covered male genitals in a discernibly
turgid state, and "sexual conduct" means acts of masturbation, homosexuality,
sodomy, sexual intercourse or physical contact with a person's clothed
or unclothed genitals, pubic area, buttocks or, if such person be
female, breast.
A cabaret which features go-go dancers, exotic dancers, strip
dancers or other similar entertainers, dancers or employees.
Any building or structure which is used for commercial entertainment,
whether for profit or nonprofit, whether a place where musical entertainment
is carried out consisting of a series of unrelated episodes and dances,
all with the purpose of depicting or suggesting sex-centered subjects
or objects or a place where the patron is charged a fee to dance or
view a series of dance routines, strip performance or other gyrational
choreography provided by the establishment that depict or suggest
sex-centered subjects or objects. Nothing herein defined shall in
any way or form legitimize any activity prohibited by state law or
Town ordinance.
[Amended 11-22-1994 by Ord. No. 38-1994]
An enclosed building with a capacity for fewer
than 50 persons, used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to nudity
or sexual conduct. As used within this chapter, "nudity" means the
showing of the human male or female genitals, pubic area or buttocks
with less than a full opaque covering or the depiction of covered
male genitals in a discernibly turgid state, and "sexual conduct"
means acts of masturbation, homosexuality, sodomy, sexual intercourse
or physical contact with a person's clothed or unclothed genitals,
pubic areas, buttocks, or if such person be female, breast.
An enclosure wherein coin- or slug-operated
or electrically or mechanically controlled adult amusement machines
are maintained or where mechanically controlled still or motion-picture
machines, projectors or other image-producing devices are maintained
to depict nudity or sexual conduct, as heretofore defined.
An enclosed building with a capacity for 50 or more persons
used for presenting materials distinguished or characterized by an
emphasis on matter depicting, describing or relating to nudity and
sexual conduct, as heretofore defined under this chapter, for observation
by patrons therein.
Any alteration not defined as structural.
Any change in a supporting member of a building such as load-bearing
walls, columns, beams and girders.
A developer submitting an 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 or direction of the
issuance of a permit pursuant to Section 25 (N.J.S.A. 40:55D-34) or
Section 27 (N.J.S.A. 40:55D-36) of the Municipal Land Use Law.
The Planning Board of the municipality unless a different
agency is designated by ordinance when acting pursuant to the authority
of the Municipal Land Use Law.[1]
An open area, other than a street, which is used for the
display, sale or rental of new or used motor vehicles or trailers
in operable condition and where no repair work is done and the site
is licensed pursuant to N.J.S.A. 39:10-19 for use for the display,
sale or rental of new or used motor vehicles or trailers.
An establishment serving alcoholic beverages for on-site
consumption as the primary use, and may serve prepared food, including
bars, cocktail lounges, pubs, saloons, and taverns, where no live
entertainment or dancing takes place.
[Added 2-10-2015 by Ord.
No. 01-2015]
A bar or tavern that provides incidental musical performances
and/or dancing, where the performance area does not exceed 100 square
feet and the dance floor does not exceed 100 square feet. The use
shall instead be classified as a nightclub if the performance area
exceeds 100 square feet or the dance floor exceeds 100 square feet.
Live entertainment does not include an adult entertainment establishment.
[Added 2-10-2015 by Ord.
No. 01-2015]
That portion of a building which is partly or completely
below grade and not a story above grade.
[Added 4-28-1998 by Ord. No. 15-1998]
Any structure or portion thereof situated on private premises
on which lettered or pictorial matter is displayed for advertising
purposes other than those signs on a building or its grounds giving
the name and occupation of the user of the premises, the nature of
the business conducted thereon or the products primarily sold or manufactured
thereon.
As per N.J.S.A. 55:13B-3, any building, together with any
related structure, accessory building, any land appurtenant thereto
and any part thereof, which contains two or more units of dwelling
space arranged or intended for single-room occupancy, exclusive of
any such unit occupied by an owner or operator, and wherein personal
or financial services are provided to the residents, including any
residential hotel or congregate living arrangement, but excluding
any hotel, motel or established guesthouse wherein a minimum of 85%
of the units of dwelling space are offered for limited tenure only,
any foster home as defined in Section 1 of P.L. 1962, c. 137 (N.J.S.A.
30:4C-26.1), any community residence for the developmentally disabled
as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2),
any dormitory owned or operated on behalf of any nonprofit institution
of primary, secondary or higher education for the use of its students,
any building arranged for single-room occupancy wherein the units
of dwelling space are occupied exclusively by students enrolled in
a full-time course of study at an institution of higher education
approved by the Department of Higher Education and any facility or
living arrangement operated by, or under contract with, any state
department or agency, upon the written authorization of the Commissioner.
The board established pursuant to Section 56 (N.J.S.A. 40:55D-69)
of the Municipal Land Use Law.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The area included within the surrounding exterior walls (or
exterior walls and firewalls) exclusive of vent shafts and courts.
Areas of the building not provided with surrounding walls shall be
included in the building area if such areas are included within the
horizontal projection of the roof or floor above.
[Added 4-28-1998 by Ord. No. 15-1998]
The percentage of the lot area that is occupied by all buildings.
[Added 4-28-1998 by Ord. No. 15-1998]
The vertical distance from the grade plane to the average
height of the highest roof surface.
[Added 4-28-1998 by Ord. No. 15-1998]
A governmental acquisition of real property or major construction
project.
See the definition of "basement."
[Added 4-28-1998 by Ord. No. 15-1998]
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
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.
A building for civic, social, educational, cultural and recreational
activities of a neighborhood or community not operated primarily for
monetary gain.
A community residential facility licensed pursuant to P.L.
1977, c. 448 (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 persons with head injuries, 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, 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, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).
[Added 6-13-1995 by Ord. No. 17-1995]
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (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 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, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). In the
case of such a community residence housing mentally ill persons, such
residence shall have been approved for a purchase of service contract
or an affiliation agreement pursuant to such procedures as shall be
established by regulation of the Division of Mental Health and Hospitals
of the Department of Human Services. As used in this act, "developmentally
disabled person" means a person who is developmentally disabled as
defined in Section 2 of P.L. 1977, c. 448 (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,[2] 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.
[Added 6-13-1995 by Ord. No. 17-1995]
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 P.L. 1979, c. 337
(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.
[Added 6-13-1995 by Ord. No. 17-1995]
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the Zoning Ordinance,[3] and upon the issuance of an authorization therefor by
the Planning Board.
Development other than planned development.
A composite of the Master Plan for the physical development
of the county in which the municipality is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A.
40:27-4.
The County Planning Board, as defined in Section 1 of P.L.
1968, c. 285 (N.J.S.A. 40:27-6.1), of the county in which the land
or development is located.
An open, unoccupied space, other than a yard, on the same
lot with a building or a group of buildings and which is bounded on
two or more sides by such building or buildings.
Calendar days.
A platform installed above grade level attached to a building
or structure and having no roof and no enclosed sides.
[Added 4-28-1998 by Ord. No. 15-1998]
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 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 the Municipal
Land Use Law.[4]
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land, or amendment thereto, adopted and filed pursuant
to the Municipal Land Use Law.[5]
Any part of the territory of the Town of Dover to which certain
uniform regulations and requirements of this chapter shall apply.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
heir biological functions as well as for drainage and the means necessary
for water supply preservation or prevention or alleviation of flooding.
The lands required 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 therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes.[6]
A structure containing two dwelling units separated by a
common vertical wall.
A building containing three or more dwelling units and occupied
or designed for occupancy by three or more families living independently
of each other with their own cooking and sanitary facilities, excluding
boarding- and rooming houses.
A two-family dwelling with one dwelling unit beside the other,
separated therefrom by a party or common wall with no openings therein.
A building containing one dwelling unit only and occupied
or intended to be occupied exclusively for residence purposes by one
family or one housekeeping unit, excluding boarding- and rooming houses.
A building containing two dwelling units only and occupied
or intended to be occupied exclusively for residence purposes by two
families or two housekeeping units, living independently of each other
and each with their own cooking and sanitary facilities, excluding
boarding- and rooming houses.
A building or part thereof providing complete, independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation.
Apartment dwelling units consisting of a bath, one large
room without permanent separations to be used for living, dining and
bedroom facilities and with cooking facilities separated from the
main room by a permanent wall or a sliding or some other temporary
partitions.
A municipal advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.).
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
One or more persons customarily living together as a single
housekeeping unit, whether or not related to each other by birth or
marriage, as distinguished from a group occupying a boardinghouse,
lodging house, hotel or motel.
The official action of the Planning Board taken on a preliminary
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.
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the proper county recording officer.
The floor area measured by using the outside dimensions of
the residential portion of a building, excluding the area of an attached
garage. For a split level or trilevel dwelling, the area shall be
considered to be the sum of the areas of two adjoining levels.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
A building, or part thereof, other than an accessory of repair
garage, used for the off-street storage of passenger vehicles free
of charge or at hourly, daily or monthly rates which may also include
keeping any such vehicles for hire.
A detached accessory building or portion of a principal building
for the parking or temporary storage of motor vehicles of the occupants
of the principal building to which the garage is accessory and wherein
not more than one space is either rented to persons not residents
of the lot rented to or not more than one commercial vehicle not to
exceed two tons in net weight.
A multifamily dwelling of three or fewer stories in height.
A comprehensive plan for the development of a planned development,
as provided by the Municipal Land Use Law.[7]
The Mayor and Board of Aldermen of the Town of Dover.
A reference plane representing the average of finished ground
level adjoining the building or structure at all exterior walls. Where
the finished ground level slopes away from the exterior walls, the
reference plane shall be established by the lowest points within the
area between the building and the lot line or, where the lot line
is more than eight feet from the building, between the building and
a point eight feet from the building.
[Added 4-28-1998 by Ord. No. 15-1998]
See the definition of "hotel."
A room or enclosed floor space used or designed to be used
for living, sleeping, cooking, or eating purposes, excluding bathrooms,
water closet compartments, laundries, pantries, foyers or communicating
corridors, closets, and storage spaces.
[Added 3-26-2002 by Ord. No. 8-2002]
Multifamily dwellings of more than three stories in height.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which have
been formally designated in the Master Plan as being of historical,
archaeological, cultural, scenic or of architectural significance.
An occupation for gain or support conducted only by members
of a family residing in the dwelling, provided that the character
of the building is not changed, the occupation is conducted entirely
within either the dwelling or accessory building, but not both, and
the area of the "home occupation" will not exceed 50% of the first
floor area. "Home occupations" may exist on any floor of the dwelling.
No sounds are audible outside the building, no display is visible
from outside of the building, no article is sold or offered for sale
on the premises and provided further that no machinery or equipment
is used which will cause electrical or other interference with radio
and television reception in adjacent residences. No more than one
commercial vehicle associated with the "home occupation" shall be
permitted on site, and said vehicle shall be garaged. No import or
export of material by a vehicle of more than four tons or two axles
shall be permitted. In addition to the off-street parking required
for the residential use, additional parking shall be provided in an
amount equal to one space/200 square feet or part thereof of "home
occupation" use. A "home occupation" shall not include automobile
repair, welding or any occupation causing a nuisance as defined herein
or includes any hazardous or toxic or dangerous substances as defined
by the New Jersey Department of Environmental Protection. No "home
occupation" shall be conducted without a zoning permit. Any "home
occupation" use shall require site plan approval.
Unless otherwise specified, includes sanatorium, preventorium,
clinic, rest home, nursing home, convalescent home and hospice, any
other premises containing beds for four or more patients and used
for the diagnosis, treatment or other care of ailments and shall be
deemed to be limited to place for diagnosis, treatment or care of
human ailments.
As defined in N.J.S.A. 55:13A-3(j), any building, including
but not limited to any related structure, accessory building and land
appurtenant thereto, and any part thereof, which contains 10 or more
units of dwelling space or sleeping facilities for 25 or more persons
and is kept, used, maintained, advertised as or held out to be a place
where sleeping or dwelling accommodations are available to transient
or permanent guests. This definition shall also mean and include any
motor hotel, motel or established guesthouse which is commonly regarded
as a motor hotel, motel or established guesthouse, as the case may
be, in the community in which it is located; provided that this definition
shall not be construed to include any building or structure defined
as a multiple dwelling in this chapter, registered as a multiple dwelling
with the Commissioner of Community Affairs as hereinafter provided
and occupied or intended to be occupied as such.
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey.
In the case of civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under the Municipal Land Use Law,[8] or whose rights to use, acquire or enjoy property under
the Municipal Land Use Law or under any other law of this state or
of the United States have been denied, violated or infringed by an
action or a failure to act under the Municipal Land Use Law.
Includes improvements and fixtures on, above or below the
surface.
Manufacturing which deals with the fabrication or assembly
of standardized parts of limited size that might be handled by hand,
excluding processing activities which would involve a physical or
chemical process which would change the nature or character of the
raw material or product.
Includes any automobile or motor car used in the business
of carrying passengers for hire to provide prearranged passenger transportation
at a premium fare on a dedicated, nonscheduled, charter basis that
is not conducted on a regular route and with a seating capacity in
no event of more than 14 passengers, not including the driver, provided
that such a vehicle shall not have a seating capacity in excess of
four passengers, not including the driver, beyond the, maximum passenger
seating capacity of the vehicle, not including the driver, at the
time of manufacture. Nothing in this definition shall be construed
to include taxicabs, hotel buses or buses employed solely in transporting
school children or teachers or autobuses which are subject to the
jurisdiction of the Department of Transportation, or interstate autobuses
required by federal or state law or regulations of the Department
of Transportation to carry insurance against loss from liability imposed
by law on account of bodily injury or death.
[Added 5-8-2001 by Ord. No. 9-2001]
Includes the business of carrying passengers for hire by
limousines along with the associated offices, garages and/or parking
areas.
[Added 5-8-2001 by Ord. No. 9-2001]
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials.
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.
A lot at the junction of and abutting on two or more intersecting
streets when the interior angle of intersection does not exceed 135°.
On a "corner lot," the owner shall have the privilege of selecting
any abutting street line as the front lot line, provided that such
designation is clearly shown on the building plans and subdivision
map, if applicable, filed with and approved by the Town construction
official. On a "corner lot," the rear yard shall be opposite the designated
front yard. For developed lots that are the subject of resubdivision,
the front yard shall be that yard designated by the Planning Board
as the front yard upon consideration of building setbacks and orientation
of the subject and neighboring lots in the same block. However, each
portion of a "corner lot" abutting a street line shall have sufficient
length to meet the minimum lot area requirement and shall have met
the minimum lot width and depth requirements.
[Amended 12-13-1994 by Ord. No. 39-1994]
The horizontal distance between the front and rear lot lines,
measured along the median between the two side lot lines.
A lot other than a corner lot.
The legal boundaries of a lot as shown on a filed map in
the County Clerk's office or as shown on a survey prepared, signed
and sealed by a licensed land surveyor.
The horizontal distance between the side lot lines, measured
at the required front yard setback.
Any security, other than cash, which may be accepted by the
municipality for the maintenance of any improvements required by this
chapter.
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to the Municipal Land Use Law.[9]
The chief executive of the municipality.
A development plan of one or more lots which proposes new
development within the scope of development specifically permitted
by this chapter as a "minor site plan;" does not involve planned development,
any new street or extension of any off-tract improvement which is
to be prorated pursuant to the Municipal Land Use Law;[10] and contains the information reasonably required in order
to make an informed determination as to whether the requirements established
by ordinance for approval of a minor site plan have been met.
A subdivision of land for the creation of three or fewer
lots, including the remainder of tract, provided that such subdivision
does not involve a planned development, any new street or the extension
of any off-tract improvement, the cost of which is to be prorated
pursuant the Municipal Land Use Law.[11]
A parcel of land, or two more parcels of land,
containing no fewer than 10 sites equipped for the installation of
manufactured homes, where these sites are under common ownership and
control for the purpose of leasing each site to the owner of a manufactured
home for the installation thereof, and where the owner or owners provide
services, which are provided by the municipality in which the park
is located for property owners outside the park, which services may
include but shall not be limited to:
A parcel, or any contiguous parcels, of land
which contain, on the effective date of this chapter, no fewer than
three sites equipped for the installation of manufactured homes, and
which otherwise conform to the provisions of this chapter, shall qualify
as a "mobile home park" for the purpose of this chapter.
A building or premises in which or upon which is conducted
a business involving the repair of body and fender work and/or painting
of motor vehicles, excluding motor vehicle service stations and repair
garages as herein defined.
A building or premises in which or upon which is conducted
a business involving the mechanical or electrical repair or reconditioning
of motor vehicles, including motor vehicle service stations, but excluding
motor vehicle body repair shops, as herein defined.
An outdoor open area, other than a street, which is used
for the display, sale or rental of new or used motor vehicles or trailers
in operable condition and where no repair work is done and the site
is licensed pursuant to N.J.S.A. 39:10-19 for use for the display,
sale or rental of new or used motor vehicles or trailers.
[Added 3-9-1999 by Ord. No. 1-1999]
A building or premises in which or upon which is conducted
a business involving the retail sale and direct delivery of gasoline
or other motor vehicle fuel and oil, and other lubricating substances
to motor vehicles.
[Amended 6-13-1995 by Ord. No. 17-1995]
See the definition of "dwelling, multifamily."
The Municipal Planning Board or Board of Adjustment, or the
governing body of the Town of Dover when acting pursuant to the Municipal
Land Use Law.[12]
A bar, tavern, restaurant or similar establishment that provides
live entertainment (music, comedy, etc.) that may serve alcoholic
beverage for sale, where the performance area exceeds 100 square feet,
or the dance floor exceeds 100 square feet. Live entertainment does
not include an adult entertainment establishment.
[Added 2-10-2015 by Ord.
No. 01-2015]
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of the Zoning Ordinance,[13] 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.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of the Zoning
Ordinance,[14] 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.
A use or activity which was lawful prior to the adoption,
revision or amendment of the Zoning Ordinance,[15] 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.
An offensive, annoying, unpleasant or obnoxious
thing or practice, a cause or source of annoyance, especially a continuing
or repeating invasion or disturbance of another's rights, including
the actual or potential emanation of any physical characteristics
or activity or use across a property line which can be perceived by
or effects a human being, or the generation of an excessive or concentrated
movement of people or things, such as but not limited to:
Noise.
Dust.
Smoke.
Fumes.
Odor.
Glare.
Flashes.
Vibration.
Shock waves.
Heat.
Electronic or nuclear radiation.
Objectionable effluent.
Noise of congregation of people, especially
at night.
Passenger traffic.
Transportation of things by truck, rail or other
means.
Invasion of nonabutting street frontage by parking.
The standards used to determine if one or more
nuisance factors exist shall be those as established under or pursuant
to applicable local, county, state and federal laws.
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of the County of Morris.
A map adopted by ordinance pursuant to the Municipal Land
Use Law.[16]
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.
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.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
the same under this chapter.
An open area, other than a street, for the same use as a
private garage.
An open area, other than a street or other public way, used
for the parking of motor vehicles and available to the public whether
for a fee, free or as an accommodation for clients or customers.
An area either within a structure or garage or in the open,
exclusive of driveways or access drives for the parking of motor vehicles.
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 and the
ordinances of the Town of Dover.
An area within six inches of grade level, covered with masonry,
stone, wood or similar material without benefit of column supports,
open to the sky and which may not be attached to a building or structure.
[Added 11-14-2000 by Ord. No. 23-2000]
Any security which may be accepted by a municipality, including
cash, provided that not more than 10% of the total "performance guaranty"
shall be in cash.
Any use of the land as permitted in a zoning district according
to this chapter.
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
commercial or office uses, or both, and any residential and other
uses incidental to the predominant use as may be permitted by ordinance.
Unit development, planned unit, residential development,
residential cluster, planned commercial development or 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.
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 the Zoning Ordinance.[17]
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.
The Municipal Planning Board established pursuant to the
Municipal Land Use Law.[18]
A map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to the Municipal
Land Use Law prior to final approval after specific elements of a
development plan have been agreed upon by the Planning Board and the
applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating, in a schematic form,
its scope, scale and relationship to its site and immediate environs.
Refers to businesses and offices in conformance with the
provisions of this chapter without generating a nuisance to the surrounding
neighborhood or inferring a changing character to residential areas
such as those uses depending on heavy vehicular or pedestrian traffic
in order to attract customers as opposed to businesses utilizing appointments.
A Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
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 biological as well as drainage function of the
channel and providing for the flow of water to safeguard the public
against flood damage, sedimentation and erosion and to assure the
adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground, where practical, and to lessen nonpoint
pollution.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency or other
public body for recreational or conservation uses.
The majority of the full authorized membership of a municipal
agency.
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.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portion of
a development.
Rules promulgated by the Commissioner of the Department of
Community Affairs pursuant to the authority of P.L. 1993, c. 32 (N.J.S.A.
40:55D-40.1 et seq.) as N.J.A.C. 5:21 et seq.
[Added 11-10-2003 by Ord. No. 39-2003]
An establishment that sells prepared food or beverages either
indoors or outdoors in nondisposable containers. A restaurant may
provide for the accessory sale of food and nonalcoholic beverages
for off-site consumption provided that all food and beverages sold
for on-site consumption are served in nondisposable containers. No
live entertainment or dancing can take place. A restaurant with a
bar area exceeding 30% of the dining area shall be classified as a
bar.[19]
[Added 2-10-2015 by Ord.
No. 01-2015]
A restaurant, including a fast-food or formula restaurant
that provides accessory live entertainment, where the performance
area does not exceed 100 square feet, and the dance floor does not
exceed 100 square feet. The use shall be classified as a nightclub
if the performance area exceeds 100 square feet or the dance floor
exceeds 100 square feet. A restaurant with limited live entertainment
with a bar area exceeding 30% of the dining area shall be classified
as a bar. Live entertainment does not include an adult entertainment
establishment.
[Added 2-10-2015 by Ord.
No. 01-2015]
A restaurant that sells prepared food either indoors or outdoors
in disposable containers (e.g., paper or plastic), without a drive-up
window for pick-up. These uses include retail bakeries that provide
on-site seating. No live entertainment or dancing can take place.
A fast-food restaurant with a bar area exceeding 30% of the dining
area shall be classified as a bar.
[Added 2-10-2015 by Ord.
No. 01-2015]
A restaurant that sells prepared food either indoors or outdoors
in disposable containers (e.g., paper or plastic), with a drive-up
window for pick-up. These uses include retail bakeries that provide
on-site seating. No live entertainment or dancing can take place.
A fast-food restaurant with drive-up with a bar area exceeding 30%
of the dining area shall be classified as a bar.
[Added 2-10-2015 by Ord.
No. 01-2015]
A fast-food restaurant which is required by contractual or
other arrangements to offer standardized employee uniforms, exterior
design, food preparation, ingredients, interior decor, menus, or signs;
or adopts an appearance, food presentation format, or name which causes
it to be substantially identical to another restaurant regardless
of ownership or location, and may or may not have a drive-up window
for pick-up. No live entertainment or dancing can take place. A formula
fast-food restaurant with drive-up with a bar area exceeding 30% of
the dining area shall be classified as a bar.
[Added 2-10-2015 by Ord.
No. 01-2015]
See the definition of "hospital."
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 does not include conveyances so
as to combine existing lots by deed or other instrument.
Any room or group of rooms forming a single habitable unit
occupied or intended to be occupied for sleeping or living but not
cooking purposes.
[Added 2-8-2005 by Ord. No. 2-2005]
Any apparatus which is designed for the purpose of transmitting
television, radio, microwave, satellite or similar signals with the
exception of conventional television antennas.
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.
A line drawn parallel to the street or lot line from which
the "setback line" is measured and running through that point of a
building lying nearest to the street or lot line. The term "required
setback" shall mean the minimum distance between a setback line and
a street or lot line beyond which a building is not permitted to extend
under the provisions of this chapter in order to establish minimum
depths and widths of yards.
A way for carrying pedestrian traffic, and may be located
within the right-of-way provided for a street or may be located adjacent
to a property line, between lots, and laid out so that it may provide
pedestrian traffic along a street or road or within a subdivision
connecting two streets.
Any device used to attract the attention of the public for
advertising purposes. The word "sign" includes letters, figures, drawings,
lines, trademarks, photographs and other markings encompassed within
the sign area. "Signs" shall be further differentiated one from the
other as follows:
BANNER SIGN- Any sign, picture, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, which is made of lightweight fabric or similar material that is mounted to a pole, building or structure at one or more edges.
[Added 6-13-1995 by Ord. No. 17-1995 [20]]
DIRECTORY SIGN- A sign which directs attention to a business conducted on the premises or to a product sold or service supplied by such business.
GROUND SIGN- A sign which is supported by one or more uprights or braces in or upon the ground. The words "freestanding sign" shall be synonymous with "ground sign."
ILLUMINATED SIGNS- Any sign having a source of light for illumination either externally or internally or a combination of both. An "illuminated sign" includes reflectorized, glowing and radiating signs.
NEON SIGN- A sign illuminated by the means of neon or other gases which produce a glowing sign.
OFFICIAL SIGN- Any sign erected and maintained by a federal, state, county or local governmental agency for the purpose of informing, guiding or protecting the public.
PROJECTING SIGN- A sign affixed to any building beyond the building wall or parts thereof, structure, building line or property line more than eight inches.
PROPERTY LINE- The side line of any street, road or highway in which the public has acquired rights of use, which side line marks the division line between such street, road or highway and lands privately owned.
PYLON SIGN- A structure in the form of a tower or pier, the chief purpose of which is to attract attention and display a message for use, activity or product not offered at the site location. "Pylon sign" shall be synonymous with "billboard."
ROOF SIGN- A sign erected, constructed and maintained above the roof of any building.
SIGN AREA- The area of a sign shall be computed by multiplying the greatest vertical dimension by the greatest horizontal dimension of the sign space. The framing or edging shall be considered part of the "sign area." Posts or supporting devices shall not be considered part of the "sign area."
SIGN FACE- The surface area used or to be used for each advertisement. A double-faced sign shall be considered as having two faces.
STOREFRONT- Defined as 15 feet of building frontage.
SURFACE- The total area of the space used or to be used for advertising purposes.
TEMPORARY SIGN- A sign displayed for a short period of time. "Temporary signs" shall not be illuminated.
WALL SIGN- A sign which is affixed or painted on an exterior wall of any building that projects not more than eight inches from the building wall or parts thereof, structure, building line or property line.
WINDOW SIGN- Any sign, picture, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
[Added 6-13-1995 by Ord. No. 17-1995]
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, utility services, landscaping, structures and signs, lighting
and screening devices; and any other information that may be reasonably
required in order to make an informed determination pursuant to the
ordinance requiring review and approval of site plans by the Planning
Board[21] adopted pursuant to the Municipal Land Use Law.[22]
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing site plans
in accordance with the provisions of this chapter and any such other
duties relating to land subdivision which may be conferred on this
committee by the Planning Board.
A sketch map of a subdivision of sufficient accuracy to be
used for the purpose of discussion and classification and meeting
the requirements of this chapter.
Standards adopted by ordinance pursuant to the Municipal
Land Use Law[23] 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 municipality;
or standards required by applicable federal or state laws or municipal
ordinances.
That portion of a building included between the upper surface
of a floor and upper surface of the floor or roof next above.
Any story having its finished floor surface entirely above
grade except that a basement shall be considered as a story above
grade where the finished surface of the floor above the basement is:Â
[Added 4-28-1998 by Ord. No. 15-1998; amended 7-10-2007 by Ord. No. 22-2007]
A space under a sloping roof which has the line of intersection
of the interior faces of the roof structure and main building wall
not more than three feet above the top floor level and in which space
the floor area with a headroom of five feet or more occupies at least
60% of the total area of the story directly beneath.
[Added 4-28-1998 by Ord. No. 15-1998]
The vertical distance from top to top of two successive tiers
of beams or finished floor surfaces and, for the topmost story, from
the top of the floor finish to the top of the ceiling joists or, where
there is not a ceiling, to the top of the roof rafters.
[Added 4-28-1998 by Ord. No. 15-1998]
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 theretofor approved pursuant to law;
or which is approved by official action as provided by the Municipal
Land Use Law;[24] or which is shown on a plat duly filed and recorded in
the office of the County Recording Officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats; and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
The dividing line between the street right-of-way and a lot.
Where title to land extends to the center of a road easement or right-of-way,
the side line of such road, easement or right-of-way shall be deemed
to be the "street line" of a street.
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.
The vertical distance from the grade plane to the highest
point of the structure.
[Added 4-28-1998 by Ord. No. 15-1998]
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
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. The following shall not be considered "subdivisions"
if no new streets are created:
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.
Divisions of property by testamentary or interstate
provisions.
Divisions of property upon court order, including
but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons and
all of which are found and certified by the administrative officer
to conform to the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the tax map or atlas of the municipality.
The term "subdivision" shall include the term
"resubdivision."
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of this chapter and any such other
duties relating to land subdivision which may be conferred on this
Committee by the Planning Board.
Includes any automobile or motor car, commonly called "taxi,"
engaged in the business of carrying passengers for hire which is held
out, announced or advertised to operate or run or which is operated
or run over any of the streets or public highways of this state, and
particularly accepts and discharges such persons as may offer themselves
for transportation from points or places to points or places within
or without the state.
[Added 5-8-2001 by Ord. No. 9-2001]
Includes the business of carrying passengers for hire by
taxicabs along with the associated offices, garages and/or parking
areas.
[Added 5-8-2001 by Ord. No. 9-2001]
A recreational vehicle, travel trailer, camper or other transportable,
temporary dwelling unit, with or without its own motor power, designed
and constructed for travel and recreational purposes to be installed
on a nonpermanent foundation if installation is required.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
An open space developed and designed to be utilized for the
purpose of recreation whether it be parkland, ball field or playgrounds.
The specific purpose for which a parcel of land or a building
or portion of a building is designed, arranged, intended, occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use. A change of "use" shall
mean a change from a category of use to an entirely different category
of use. Categories are listed as follows: residential, office, retail,
commercial, industrial, recreational, government buildings, libraries
and museums.
A use which is customarily associated with and subordinate
to the principal use of a lot or a building and which is located on
the same lot therewith.
Permission to depart from the literal requirements of the
Zoning Ordinance[25] pursuant to the Municipal Land Use Law.
A sidewalk.
An open space, extending across the full width of the lot,
the depth of which is the minimum horizontal distance between the
nearest point on the street line and the nearest part of the prime
or accessory building.
An open space extending the full width of the lot between
the prime building and the rear lot line. The depth of the required
"rear yard" shall be measured horizontally from the nearest part of
the prime building toward the nearest point of the rear line.
An open space, extending from the front yard to the rear
yard between the main building and the side lot line. The width of
the required "side yard" shall be measured horizontally from the nearest
point on the side lot line toward the nearest part of the main building.
A document signed by the Zoning Officer which is required
by ordinance as a condition precedent to the commencement of a use
or the erection, construction, reconstruction, alteration, conversion
or alteration of a structure or building; and which acknowledges that
such use, structure or building complies with the provisions of the
Municipal Zoning Ordinance[26] or variance therefrom duly authorized by a municipal agency
pursuant to the Municipal Land Use Law.[27]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: See now N.J.S.A. 30:4-27.2.
[4]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[5]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[6]
Editor's Note: Chapter 1 of Title 58 of the Revised Statutes was repealed. See now N.J.S.A. 58:1A-1 et seq.
[7]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[8]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[9]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[10]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[11]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[12]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[16]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[18]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[19]
Editor's Note: The former definition of "restaurant, drive-in,"
which immediately followed this definition, was repealed 2-10-2015
by Ord. No. 01-2015.
[20]
Editor's Note: With the addition of the definitions
added by this ordinance, the definitions under SIGN were relettered
from A through O to A through Q.
[22]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[23]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[24]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[27]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
