Township of East Hanover, NJ Article II Definitions

§ 95-3 Definitions.

A. For the purpose of this chapter, certain terms are defined as follows:

ACCESSORY BUILDING

A detached subordinate building on the same lot with a main building, occupied or devoted exclusively to an accessory use. Where a building is attached to a main building in a substantial manner by a wall or roof, such building shall be considered part of the main building.

ACCESSORY STRUCTURE

A structure or building detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use. Where a structure is attached to a principal building by a breezeway, roof, common wall, or the like, such a structure shall be considered part of the principal building.

[Added 5-9-2005 by Ord. No. 9-2005]

ACCESSORY USE

A use of land or of a structure or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

[Amended 5-9-2005 by Ord. No. 9-2005]

ADMINISTRATIVE OFFICER

The Director of Land Use, Township Clerk or the secretaries of the respective approving authorities, municipal boards and/or agencies, unless otherwise stated or intended by this chapter.

[Amended 4-21-1983 by Ord. No. 10-1983]

ALTERATION OF BUILDING

A change in the supporting members of a building; an addition to or diminution of a building; a conversion of a building or a part thereof; or removal of a building from one location to another.

ALTERNATIVE LIVING ARRANGEMENT

A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat, and common areas. Alternative living arrangements include, but are not limited to, group homes for the developmentally disabled and mentally ill as licensed and/ or regulated by the New Jersey Department of Human Services; and congregate living arrangements.

[Added 7-6-2020 by Ord. No. 4-2020]

APPLICANT

A developer submitting an application for development.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by ordinance for approval of a subdivision plot, site plan, conditional use or zoning variance.

APPROVING AUTHORITY

The Planning Board or the Board of Adjustment of the Township of East Hanover as provided for in this chapter. When appropriate, the terms "Planning Board" and "Board of Adjustment" and "approving authority" may be used interchangeably.

[Added 12-14-1982 by Ord. No. 31-1982]

ASSISTED LIVING FACILITY

A residential health-care facility which is licensed by the State of New Jersey Department of Health that provides housing, meals, and a coordinated array of supportive personal and health-care services, available 24 hours a day to elderly and/ or handicapped residents unrelated to the proprietor. These facilities shall be age-restricted as housing for the elderly. These facilities may provide other services, such as recreational activities, financial services, therapy, spa and salon facilities, and transportation. Each unit in an assisted living facility shall, as part of the living quarters, include a private or shared bathroom, kitchenette, and lockable entrance door, provided that memory-care units may not have resident-lockable doors for safety reasons. Common dining, recreational and laundry facilities, housekeeping and maintenance services, personal and health-care services and community and administrative facilities and services, all in support of and for the sole benefit of the residents of the facility, shall be considered customary accessory uses to an assisted living facility. These other services may be co-located with an independent living facility.

[Added 7-6-2020 by Ord. No. 4-2020]

AVERAGE ALIGNMENT

A distance which is the total setback distance of all buildings within 200 feet on each side of the lot and within the same block and on the same side of the street, divided by the total number of houses included within that distance.

BANQUET HALL

An establishment which is rented for events, including, but not limited to, weddings, receptions, dinners, corporate events, birthday parties, and other social gatherings. The facility may include an on-site kitchen and accessory rooms for purposes other than the main event space, such as a bridal suite. The accessory rooms shall not be rented out as a separate event space. Banquet halls may be located in a designated area within a restaurant or hotel.

[Added 12-7-2020 by Ord. No. 9-2020]

BASEMENT

A portion of the building partly underground but having less than 1/2 its clear height below the average grade of the adjoining ground. (See "cellar.")

BOARDER OR ROOMER

A person not a member of a family as defined in this chapter, who pays for the privilege of lodging.

BUILDING

Any structure having a roof supported by columns, piers or walls or similar structural parts, used or intended to be used, for the housing, enclosure or shelter of persons, animals or property of any kind, including also tents, lunch wagons, trailers (not used as a mobile vehicle), dining cars, camp cars or other structures on wheels or other supports and any unroofed platform, terrace or porch; swimming pools. "Building" includes the word "structure."

BUILDING AREA

The total of areas of outside dimensions on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of unroofed porches, porticos up to 50 square feet, paved terraces and steps attached or connected to the building.

[Amended 5-12-2014 by Ord. No. 4-2014]

BUILDING MATERIALS

Materials that can be arranged, united or joined to support, frame, enclose, sheath or be otherwise fashioned into a building or structure. Such materials include, but are not limited to, rough or dressed lumber, millwork, roofing, shingles, wallboard, molding, plywood, Sheetrock, bricks, doors, windows, paneling or concrete block.

[Added 3-20-1997 by Ord. No. 6-1997]

BUILDING WALL, FRONT

The front building wall of a structure which faces the street, or in the case of buildings on corner lots, that building wall which faces the street upon which the lot has the least amount of frontage.

CAPITAL IMPROVEMENT

A governmental acquisition of real property or major construction project.

[Added 8-27-1981 by Ord. No. 27-1981]

CELLAR

A portion of the building partly underground, having 1/2 or more than 1/2 of the clear height below the average grade of the adjoining ground. (See "basement.")

CESSATION

The discontinuance, stop or pause of a use or activity, either voluntary or involuntary, by the operator or owner of such use or activity.[1]

CO-WORKING OFFICES

A room or group of rooms or suites used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communication equipment that is shared by workers for different companies.

[Added 3-4-2024 by Ord. No. 01-2024]

COMMON FACILITIES

Includes but is not limited to facilities for the common use of two or more lots, such as roads, sidewalks, swimming pool, playgrounds, trees, greens, fairways, parking areas and utilities.

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.

[Amended 12-14-1982 by Ord. No. 31-1982]

COMMON OWNERSHIP

Ownership of two or more contiguous lots of real property by one person or entity or by two or more persons or entities owning such lots jointly as tenants by the entirety or as tenants in common.

COMPLETE APPLICATION

An application for development shall be deemed to be complete when the Planning Board or Zoning Board of Adjustment takes affirmative action to declare that all necessary requirements for submission have been met and that the necessary documentation has been provided by the applicant which is necessary for the appropriate municipal agency to review and act on the application.

[Added 5-15-1980 by Ord. No. 3-1980; amended 8-27-1981 by Ord. No. 21-1981]

COMPOSTING

The use of any land for the open storage of vegetation or related matter for decomposing purposes. This does not include the open composting of leaves and grass or the composting of leaves, grass and/or any other items in a bin, box or barrel with a capacity of less than 100 gallons.

[Added 11-8-1984 by Ord. No. 32-1984; amended 12-11-2017 by Ord. No. 22-2017]

CONDITIONAL USE

A use permitted in a particular zone 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 or authorization by the Zoning Board of Adjustment when there is an application pursuant to N.J.S.A. 40:55D-70d.

CONSTRUCTION SUBCODE ENFORCEMENT OFFICIAL

The individual who shall be, from time to time, charged by the Township Committee with the enforcement of construction regulations within the Township of East Hanover.[2]

CORNER LOT

A lot of land at the junction of and having frontage on two or more intersecting streets when the interior angle of intersection does not exceed 135°. A corner lot is also a lot bound on two or more sides by the same street.

[Amended 12-10-2018 by Ord. No. 19-2018]

CUBIC CONTENT

A determination made by multiplying the floor area of each story by the average ceiling height of that story. Basement area shall be included. Garages and open porches shall be excluded.

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, or the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, and any use or change in the use of any building or other structure or land or extension of use of land, for which permission may be required pursuant to this chapter.[3]

DEVELOPMENT REGULATION

A zoning, subdivision, site plan, official map ordinance or other regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).

DISCOUNT WAREHOUSE CLUB

A type of retail use for the selling of goods in either small or large quantities to ultimate consumers for personal or household consumption and/or the bulk sale of goods to customers engaged in the business of reselling goods. Additionally, this retail use may stock an inventory of goods in large quantities for the purpose of selling retail from a building in which the goods are held and which utilizes warehouse stack storage techniques on the sales floor area. The patronage for a discount warehouse club is restricted by a membership requirement.

[Added 3-20-1997 by Ord. No. 6-1997]

DRAINAGE RIGHT-OF-WAY

The lands required for the installation of stormwater sewers, drainage ditches or drainage swales 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, and including lands intended as flood control basins.

DRIVEWAY

A private vehicular access constructed with a hard surface that provides access to a street or road.

[Added 8-5-2019 by Ord. No. 11-2019]

DWELLING or DWELLING UNIT

A building or portion thereof which is designed or used exclusively as the living quarters for one family as defined in this chapter.

DWELLING, MULTIFAMILY

A building containing three or more dwelling units, including units that are located one over the other.

[Added 8-5-2019 by Ord. No. 11-2019]

DWELLING, ONE-FAMILY

A building designed for or occupied exclusively as one dwelling unit.

DWELLING, STACKED TOWNHOUSE

A one-family dwelling attached in a row of at least three such units in which each unit has its own access to the outside, and each unit is separated from any other unit by one or more vertical and horizontal common fire-resistant walls or other such common wall system as may be approved by the Township Code Enforcement Officer.

[Added 12-12-2019 by Ord. No. 19-2019]

DWELLING, TOWNHOUSE

A one-family dwelling attached in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls or other such common wall system as may be approved by the Township Code Enforcement Officer.

[Added 8-5-2019 by Ord. No. 11-2019]

EASEMENT

A use or burden placed on real estate by deed or other legal means to permit the use of land by the public, a corporation or particular persons for specific use.

[Added 12-14-1982 by Ord. No. 31-1982][4]

ELECTRONIC DATA CENTER

A facility used to house computer systems and associated components, such as telecommunications and storage systems. It generally includes redundant or backup power supplies, redundant data communications connections, environmental controls (e.g., air conditioning, fire suppression) and various security devices.

[Added 12-15-2014 by Ord. No. 15-2014]

FAMILY

A person or any number of persons united by blood, marriage or legal adoption living together in a dwelling, with or without cooking facilities, living as a single, nonprofit housekeeping unit, or a group of not more than three persons not necessarily related by blood, marriage or legal adoption living together as a single housekeeping unit.

FARM

Land on which produce, crops or flowers are grown primarily for off-premises consumption or use, or the care or breeding of horses or fowl, but not including animal temporary boarding or medical facilities.

FINAL APPROVAL

The official action of the Planning Board taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.

FINAL PLAT

The map or maps of a subdivision application for which final approval is sought or granted pursuant to this chapter.

FIREARM

A weapon from which a shot is discharged, such as a gun, rifle or pistol.

[Added 12-11-2017 by Ord. No. 19-2017]

FIREARM SHOP

A business that sells, rents and/or transfers firearms; that services or repairs firearms; that sells ammunition; and/or that sells firearms accessories (i.e., scopes, lights, mounts, etc.).

[Added 12-11-2017 by Ord. No. 19-2017]

FLOOR AREA, GROSS

The total area of all the stories of all the structures on a lot, measured from the outside faces of the exterior walls or from the exterior roof edges where a structure has no walls and including the following, although not by way of limitation: interior balconies and mezzanines, roofed areas such as porches and carports, basement space, except that which has no windows or exterior walls; but excluding roofed or enclosed floor area that is used for parking spaces required by this chapter.

[Amended 12-14-1982 by Ord. No. 31-1982]

FLOOR AREA, NET

Usable area.

[Added 12-14-1982 by Ord. No. 31-1982]

FLOOR AREA RATIO

The ratio of the gross floor area to the gross lot area.

[Added 12-14-1982 by Ord. No. 31-1982]

FLOOR AREA, USABLE

Gross floor area excluding stairwells, elevator shafts, equipment and utility rooms, dead storage, common building lobbies, and loading dock areas

[Amended 3-4-2024 by Ord. No. 01-2024]

GARAGE, PRIVATE

A fully enclosed detached accessory building, or a portion of a principal building, used primarily for the storage of vehicles owned or used by the occupant of the principal building.

[Amended 5-9-2005 by Ord. No. 9-2005]

GARAGE, PUBLIC

Any building or part thereof or land, other than a private garage, in which or upon which a business, service or industry involving the maintenance, washing or servicing and storage in connection therewith of motor vehicles is conducted or rendered for profit, including any sale of motor vehicle accessories or where any such vehicles are kept for hire, but not including motor vehicle service stations as defined herein.

GASOLINE STATION

Any area of land, including structures thereon, that is used primarily for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances, and which may include the sale of motor vehicle accessories, and which is designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles.

GOVERNING BODY

The Township Committee of the Township of East Hanover.

GUNSMITH

A person who makes, sells, services and/or repairs firearms.

[Added 12-11-2017 by Ord. No. 19-2017]

HABITABLE ROOM

A room or enclosed floor space used for living, sleeping or eating purposes.

HEIGHT OF BUILDING

The vertical distance measured from the average predisturbed grade to the highest point of the roof surface if the roof is flat, to the deckline of mansard roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs. "Average predisturbed grade" shall be the average of at least eight equally spaced elevations along the predisturbed grade of the building.

[Amended 12-7-2020 by Ord. No. 11-2020]

HOME OCCUPATION

An accessory use of a service character conducted entirely within a dwelling, provided that no article is sold or offered for sale except as may be produced only by members of the immediate family residing on the premises, and which use is clearly incidental to the use of the dwelling for dwelling purposes and does not change the character thereof and which shall in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.

HOUSE OF WORSHIP

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

[Added 12-10-2018 by Ord. No. 18-2018]

IMPERVIOUS SURFACE

Any material which prevents the absorption of stormwater into the ground.

[Added 12-14-1982 by Ord. No. 31-1982]

INCINERATOR

Any device, apparatus, equipment or structure used for destroying, reducing or salvaging by fire any material or substance, including but not limited to refuse, rubbish, garbage, trade waste, debris or scrap; or a facility for cremating human or animal remains.

[Added 11-8-1984 by Ord. No. 32-1984]

INDEPENDENT LIVING FACILITY

A residential facility that provides individual units to elderly and/ or handicapped residents unrelated to the proprietor. The facility may provide meals, recreational activities, and other services. These facilities shall be age-restricted as "housing for the elderly." These facilities may provide other services, such as recreational activities, financial services, therapy, spa and salon facilities, and transportation. Each unit in an independent living facility shall, as part of the living quarters, include a private or shared bathroom, kitchenette, and lockable entrance door. Common dining, recreational and laundry facilities, housekeeping and maintenance services, and community and administrative facilities and services, all in support of and for the sole benefit of the residents of the facility, shall be considered customary accessory uses to an independent living facility. These other services may be co-located with an assisted living facility.

[Added 7-6-2020 by Ord. No. 4-2020]

INSTITUTIONAL USES

Uses such as schools, hospitals, lodges, fraternal organizations and the like.

[Amended 12-10-2018 by Ord. No. 18-2018]

INSTRUCTIONAL USES

Uses for the teaching and practice of dance, drama, art, language, martial arts, music, aerobics, sports, fitness, photography and the like. Such activities may be conducted either partially or entirely within the confines of a building or partially to entirely outdoors. These uses may, from time to time, hold group events, such as birthday parties.

[Added 11-4-2015 by Ord. No. 13-2015]

INTERESTED PARTY

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and in the case of a civil proceeding before a municipal agency, any person, whether residing within or without the Township, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter, or whose rights to use, acquire or enjoy property under this chapter or under any other law of the State of New Jersey or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.[5]

JUNKYARD

The use of any lot or part thereof for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, trucks and trailers not currently registered by the State of New Jersey and construction equipment not in operative order or condition or other vehicles or machinery or parts thereof.

LOT

A piece, parcel or plot of land occupied or used by a building and its accessory buildings, including such open spaces as are to be used in connection with such buildings, separated from other parcels or portions by description, as on a subdivision of record or survey map, or by metes and bounds, for purpose of sale, lease or separate use. "Lot" includes the word "plot."

LOT AREA

The total square unit contents included within lot lines.

LOT DEPTH

A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines. The greatest dimension on a corner lot is its depth.

[Amended 12-10-2018 by Ord. No. 19-2018]

LOT, INTERIOR

A lot other than a corner lot.

LOT LINE

A line of record dividing one lot from another. Any "lot line" not a rear line nor a front line shall be deemed a side line. If a plot is irregular in shape, the line which is most nearly parallel to and at the greatest average distance from the street line shall be deemed to be the rear line and all other "lot lines" excepting the street line shall be deemed to be side lot lines.

LOT WIDTH

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

LUMBERYARD

An open area where finished lumber is stored.

MAINTENANCE GUARANTY

Any security, other than cash, which may be accepted by the Township for the maintenance of any improvements required by this chapter.

MAJOR SUBDIVISION

All subdivisions not classified as minor subdivisions.

MASSAGE PARLOR

A place where persons pay either a membership fee or an admission fee or any other fee and where the activity on the premises includes touching, massaging or rubbing of certain anatomical areas or by which specified sexual activities are permitted or encouraged. In addition, any place which offers to massage or touch the anatomy of another in any fashion, in return for compensation, except under the direct supervision of a medical, osteopathic or chiropractic physician or a physical therapist who is licensed to practice in the State of New Jersey and whose license is in good standing.

[Added 11-9-1995 by Ord. No. 31-1995; amended 7-15-2002 by Ord. No. 7-2002; 3-8-2004 by Ord. No. 10-2004]

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).

MAY

Permissive action.

[Added 8-27-1981 by Ord. No. 21-1981]

MEDICAID BED REQUIREMENT

The requirement to set aside 10% of the beds in an assisted living facility as Medicaid beds as established and provided by applicable Medicaid regulations.

[Added 7-6-2020 by Ord. No. 4-2020]

MIKVEH

A bath in which certain Jewish ritual purifications are performed.

[Added 12-10-2018 by Ord. No. 18-2018]

MINOR SITE PLAN

A conventional site plan of a single lot limited to the following types of development:

[Added 5-15-1980 by Ord. No. 3-1980]

(1) A change in use involving no building construction other than interior modification or interior structure alteration and no additional off-street parking.

(2) Minor structural changes such as entry enclosures, porticos and other structural appurtenances, including roof appurtenances.

(3) Building additions and accessory structures not exceeding 100 square feet in ground coverage and not involving any additional off-street parking or any land disturbance beyond the immediate area around the structure.

(4) The subject change in use shall not involve any variance, conditional use, planned development, any new street or any extension of any off-tract improvement which is to be prorated pursuant to Section 30 of the Municipal Land Use Act (N.J.S.A. 40:55D-42).

MINOR SUBDIVISION

Any subdivision containing not more than three lots fronting on an existing accepted street, not involving any new street or the extension of any municipal facilities or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to Section 30 of the Municipal Land Use Act (N.J.S.A. 40:55D-42).

[Amended 5-15-1980 by Ord. No. 3-1980; 8-27-1981 by Ord. No. 21-1981; 10-2-2017 by Ord. No. 10-2017]

MOTOR VEHICLE SERVICE STATION

A building or premises in which or upon which is conducted a business involving the retail sale and direct delivery to motor vehicles of gasoline and lubricating oil regardless of any other business on the premises, which business may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including facilities for body repair work or painting.

MUNICIPAL AGENCY

The Planning Board, the Board of Adjustment or the Mayor and Township Committee of the Township of East Hanover.

NONCONFORMING BUILDING

A building which in its design or location upon a lot does not conform to the specifications of this chapter for the zone in which it is located.

NONCONFORMING LOT

A lot of record existing at the date of the passage of this chapter which does not have the minimum width or contain the minimum area 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.

OCCUPIED

Includes the word "designed" and the phrase "intended to be occupied."

OFFICIAL MAP

A map adopted by ordinance of the governing body pursuant to N.J.S.A. 40:55D-62 et seq. showing the location and width of streets and drainage rights-of-way and the location and extent of public parks and playgrounds, whether existing or proposed.

OFF-TRACT IMPROVEMENT

An improvement which is not located on the property which is the subject of an application for development nor on a contiguous portion of a street or right-of-way and includes any of the following:

(1) All improvements of the types required for on-tract installation where the need for the providing of such improvements off-tract is, in whole or in part, made necessary by the proposed application of the applicant and where the making of such improvements will confer a benefit upon the applicant's lands which are the subject of the application.

(2) Any improvement or facility the installation of which is required in the public interest and the public need for which would not arise but for the improvement of the lands which are the subject of the applicant's application and the installation of which would confer a benefit upon the applicant's lands which are the subject to the application. In addition to improvements of the type referred to above, improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary in the public interest.

(3) Installation of new improvements and extensions and modifications of existing improvements.

ON-TRACT IMPROVEMENT

Any improvement the installation of which may be required as part of an application for development and which is to be located on the property which is the subject of an application for development or on a contiguous street or right-of-way.

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.

PARKING AREA

An open area, other than a street or other public way, used for the parking of motor vehicles and available for public use whether for a fee or as a service or privilege for clients, customers, suppliers or residents.

PARKING SPACE

An accommodation for the off-street parking of a motor vehicle, which space shall have an area of not less than 200 square feet per vehicle exclusive of access drives or aisles appurtenant thereto and shall be a minimum of 10 feet in width and 20 feet long measured perpendicular to the axis of the length, with adequate provision for ingress and egress.

PERFORMANCE GUARANTY

A security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other municipal agency approves a subdivision plat or site plan.

PLANNING BOARD

The Planning Board of the Township of East Hanover.

PLAT

The map or maps of a subdivision or site plan.

PORTABLE ON-DEMAND STORAGE STRUCTURE (PODS)

Any container storage unit, shed-like container or other portable structure that can be or is used for the storage of personal property of any kind. A portable on-demand storage structure does not include an accessory building complying with all building codes and land use requirements and cannot exceed eight feet by eight feet by 16 feet.

[Added 8-6-2018 by Ord. No. 9-2018]

PORTICO

A structure consisting of a roof supported by columns or piers or pillars, attached to a building on the exterior as a porch or to cover a walkway or an entrance to a building. If the construction or installation of a portico(s) on a residential property violates the front yard setback requirement, a variance will not be required, provided that the total square footage of the proposed portico is 50 square feet or less, covered by a roof with a minimum of two posts, is open on three sides and the encroachment of the minimum front yard setback is no greater than five feet. The area beneath a portico, up to 50 square feet, is excluded from building area for the purpose of calculating building coverage.

[Added 5-12-2014 by Ord. No. 4-2014]

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to § 95-35C(3) of this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board.

PRELIMINARY FLOOR PLANS AND ELEVATIONS

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.

PRELIMINARY PLAT OR SITE PLAN

The preliminary map indicating the proposed layout of a subdivision or site plan which is submitted to the proper Township official for Planning Board or Zoning Board of Adjustment consideration and preliminary approval.

PRINCIPAL USE

The primary or predominant use of the premises.

PRODUCTION STUDIO

A premise used for producing live broadcasts, audio or video recordings or transmissions, podcasts, films, and the like.

[Added 3-4-2024 by Ord. No. 01-2024]

PROFESSIONAL OFFICE

The office of a member of a recognized profession. A "professional office," when conducted in a residential zone, shall be incidental to the use of the dwelling for dwelling purposes and shall be conducted by a member of the immediate family residing on the premises and entirely within the residential building. Such "professional office" shall include the office of a doctor or physician, dentist, lawyer, minister, architect, artist, author, optometrist, professional engineer, licensed land surveyor, city planner, teacher (with musical instruction being limited to a single pupil at a time), certified public accountant and such other similar professional occupations as may be so designated by the Zoning Board upon finding by such Board that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to a greater extent than for the professional activities listed herein. The issuance or nonissuance of a state or local license for regulation of any gainful occupation need not be deemed indicative of a recognized profession. A "professional office" in a residential zone shall be subject to a site plan review by the Planning Board.

[Amended 8-27-1981 by Ord. No. 21-1981]

PUBLIC OPEN SPACE

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

PUBLIC USE

Any municipal, county, state, federal or other governmental use.

PUBLIC UTILITY INSTALLATION

An installation, including service and storage yards, of facilities such as water mains, pumps, valves and hydrants, electric conductors, wires and supporting structures, transformers, switches and substations, manholes, ducts, cables, vaults and vents for any public utility use which provide accessory services in all zones and are not limited by this term.

QUORUM

The majority of the full authorized membership of a municipal agency.

REFUSE SEPARATION OR RECYCLING STATION

A structure or the use of any land where refuse or waste products are processed by separating the various component parts of the refuse, i.e., glass, paper, rags, wood and metal, and then either transformed into new or different products or shipped out in their separated state.

[Added 11-8-1984 by Ord. No. 32-1984]

REFUSE TRANSFER STATION

A structure or the use of any land serving as a collection site serving one or more locations intended for the temporary storage of refuse, garbage or waste products before they are transferred from the site to its disposition.

[Added 11-8-1984 by Ord. No. 32-1984]

RESOURCE RECOVERY PLANT

A structure or the use of any land where refuse, garbage or waste products are processed to obtain materials or energy by any means, including incineration.

[Added 11-8-1984 by Ord. No. 32-1984]

RESTAURANT

An establishment where food and beverages are prepared, served, and consumed on site and patrons are served by waiters/waitresses. Restaurants may also include take-out and delivery services.

[Added 12-7-2020 by Ord. No. 9-2020]

RESTAURANT, EATERY

An establishment where food and beverages are prepared, served, and consumed on site, with or without a drive-through window. Eatery restaurants may also include take-out and delivery services.

[Added 12-7-2020 by Ord. No. 9-2020]

RESTAURANT, FAST-FOOD

An establishment that sells pre-prepared or rapidly prepared wrapped food directly to the customer at a counter in bags or on trays for consumption on or off the premises, with or without a drive-through window.

[Added 12-7-2020 by Ord. No. 9-2020]

RESTAURANT, TAKE-OUT

An establishment where food and/or beverages are sold in a form ready for consumption, where all consumption takes place off the premises, with or without a drive-through window.

[Added 12-7-2020 by Ord. No. 9-2020]

RESUBDIVISION

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.

RETAIL

Relating to the sale of goods to ultimate consumers for personal or household consumption and not bulk sale of goods to customers engaged in the business of reselling goods.

[Added 3-20-1997 by Ord. No. 6-1997]

RETAIL STACK STORAGE

A retail use that stocks an inventory of goods in large quantities for the purpose of selling retail from a building in which the goods are held and which utilizes warehouse stack storage techniques on the sales floor area. A retail stack storage use is open to the general public, and its patronage is not restricted by a membership requirement.

[Added 3-20-1997 by Ord. No. 6-1997]

SEX CLUB

A public or private place where persons pay either a membership fee or an admission fee and where the activity on the premises consists, in whole or in part, of direct sexual contact between and among the patrons. Notwithstanding the fact that the owners or operators of a "sex club" contend that the club is private, nevertheless such places shall be deemed to be public if there is nothing about the operation to distinguish a member from anyone else who seeks admittance to the premises.

[Added 11-9-1995 by Ord. No. 31-1995]

SHALL

Means a mandatory requirement.

[Added 8-27-1981 by Ord. No. 21-1981]

SHOPPING CENTER

A cluster of two or more retail, business, personal service or related uses on one or more lots which share common parking and access facilities.

[Added 3-20-1997 by Ord. No. 6-1997]

SHOP, RETAIL

A building or part thereof in which or from which a service is rendered directly to the public.

SIGN

Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge, banner or insignia of any public, quasi-public, civic, charitable or religious group.

SIGN, AREA OF

The area of a sign as measured from the extreme ends of the message in a geometric manner.

SINGLE OWNERSHIP

Ownership by one person or entity or by two or more persons, whether jointly, as tenants by the entirety or as tenants in common, of a separate lot of real property not adjacent to land in the same ownership.

SITE PLAN

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

SKETCH PLAT

The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification.

SPECIAL PERMIT

A permit directed to be issued pursuant to N.J.S.A. 40:55D-76 for a building or structure in the bed of a mapped street or public drainageway or flood control basin or public area.

[Added 12-14-1982 by Ord. No. 31-1982]

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 flammable 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, or standards required by applicable federal or state laws or municipal ordinances.

[Added 12-14-1982 by Ord. No. 31-1982]

STORE, RETAIL

A building or part thereof in which or from which merchandise is sold at retail directly to the public.

STORY

That part of a building between the surface of any floor and the next floor above it, or in its absence, then the finished ceiling or roof above it. A "split-level story" shall be considered a second story if its floor level is five feet or more above the level of the line of the finished floor next below it except a basement. A basement or cellar shall be counted a "story" if its ceiling is more than four feet above the level of the ground from which the height of the building is measured or if it is used for business or sleeping purposes. Any floor under a sloping roof at the top of a building which is more than two feet below the top plate shall be counted as a "story," and if less than two feet below the top plate, it shall be counted as a half story, provided not more than 60% of the floor area is used for rooms, baths or toilets; otherwise, it shall be counted as that fraction of a "story" which its floor area in rooms, baths or toilets bears to the entire floor area.

STREET

(1) Any vehicular way that:

(a) Is an existing state, county, or municipality roadway;

(b) Is shown upon a plat approved pursuant to law;

(c) Is approved by other official action;

(d) Is illustrated on an approved site plan; or

(e) 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.

(2) A street includes the land between the street lines, whether improved or unimproved.

[Amended 8-5-2019 by Ord. No. 11-2019]

STREET LINE

The dividing line between the street and the lot, across which there is a permanent access to the lot.

STREET, PRIVATE

A street that has not been dedicated or accepted by the municipality or other governmental entity. Said street is exempted from the Township's requirement of a fifty-foot right-of-way.

[Added 8-5-2019 by Ord. No. 11-2019]

STREET, PUBLIC

Any street, road, or way dedicated or approved for public use.

[Added 8-5-2019 by Ord. No. 11-2019]

STRUCTURE

Any combination of materials forming any construction the use of which requires location on the ground or attachment to something having location on the ground, including, among other things, display stands, platforms, pools, flagpoles, standpipes, tanks and towers of any kind. The term "structure" shall include the term "building."

SUBDIVIDER

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.

SUBDIVISION (also includes the term "resubdivision")

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" within the meaning of this chapter if no new streets are created: divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate 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; and 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 Zoning Enforcement Official to conform to the requirements of the zoning regulations of the Township of East Hanover and are shown and designated as separate lots, tracts or parcels on a map or atlas of the Township of East Hanover.

[Amended 5-15-1980 by Ord. No. 3-1980][6]

SUPPORTIVE HOUSING

A residential structure that provides permanent lease-based housing units (bedrooms or apartments) for individuals or households with on-site supportive services.

[Added 7-6-2020 by Ord. No. 4-2020]

TATTOO PARLOR

Any establishment, shop or operation wherein a tattoo is removed from or affixed upon the surface of a human body.

[Added 11-9-1995 by Ord. No. 31-1995]

TOWNSHIP

The Township of East Hanover.

TRANSCRIPT

A typed or printed verbatim record of the proceedings or reproduction thereof.

[Added 5-15-1980 by Ord. No. 3-1980]

USE

The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. "Use" includes the words "arranged," "designed" and the phrase "intended to be used." The words "arranged" and "designed" shall include the word "use."

USED CAR LOT

Any place out-of-doors where two or more motor vehicles in operating condition are displayed or offered for sale.

VARIANCE

Permission to depart from the literal requirements of a zoning regulation.

YARD, FRONT

An open, unoccupied space, unless occupied by a use as hereinafter specifically permitted, extending across the full width of the lot and lying between the street right-of-way line and the nearest line of any building on the subject lot. The depth of the front yard shall be measured at right angles to the street line. In the case of a corner lot, the front yard shall be that which occupies the least amount of street frontage. In the case of through lots, there shall be two front yards and no rear yard.

[Amended 12-10-2018 by Ord. No. 19-2018]

YARD, REAR

A space unoccupied except by an accessory building or use as hereinafter permitted specifically, extending across the full width of the lot and lying between the rear lot line and the nearest line of any building on the subject lot other than an accessory building. The depth of a rear yard shall be measured at right angles to the rear line of the lot or, if the lot is not rectangular, then in the general direction of its side lot lines. In the case of through lots, there shall be no rear yard.

[Amended 12-10-2018 by Ord. No. 19-2018]

YARD, SIDE

An open, unoccupied space, unless occupied by a use as hereinafter specifically permitted, on the same lot with the principal building, between the side line of the lot and the nearest line of the principal building on the subject lot, extending from the front yard to the rear yard or, in the absence of either of such yards, to the street or rear lot lines, as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot. In the case of a corner lot, side yards shall include all street frontages not determined to be front yards. See also § 95-46G for regulations.

[Amended 12-10-2018 by Ord. No. 19-2018]

ZONING BOARD OF ADJUSTMENT

The Zoning Board of Adjustment of the Township of East Hanover.

[Added 8-27-1981 by Ord. No. 21-1981]

ZONING ENFORCEMENT OFFICIAL

The individual who shall be, from time to time, charged by the Township Committee with the enforcement of zoning regulations of the Township of East Hanover, and unless otherwise designated, shall be the Construction Subcode Enforcement Official of the Township of East Hanover.

[1] Editor’s Note: The former definition of "COAH," added 6-20-1995 by Ord. No. 17-1995, and which immediately followed this definition, was repealed 12-29-2009 by Ord. No. 16-2009.

[2] Editor's Note: See Ch. 75, Construction Codes, Uniform.

[3] Editor’s Note: The former definition of "development fees," added 6-20-1995 by Ord. No. 17-1995, and which immediately followed this definition, was repealed 12-29-2009 by Ord. No. 16-2009.

[4] Editor’s Note: The former definition of "equalized assessed value," added 6-20-1995 by Ord. No. 17-1995, and which immediately followed this definition, was repealed 12-29-2009 by Ord. No. 16-2009.

[5] Editor’s Note: The former definition of "judgment of repose" added 6-20-1995 by Ord. No. 17-1995, and which immediately followed this definition, was repealed 12-29-2009 by Ord. No. 16-2009.

[6] Editor’s Note: The former definition of "substantive certification," added 6-20-1995 by Ord. No. 17-1995, and which immediately followed this definition, was repealed 12-29-2009 by Ord. No. 16-2009.

B. Terms not defined. Whenever a term is not defined in this chapter, it is intended to have the meaning set forth in P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), if defined by that statute. In the event of conflict between the definition in this chapter and that contained in said statute, the definition in said statute shall apply.

C. Word usage. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular. The word "lot" includes the word "plot." The word "building" includes the word "structure." The word "shall" is always mandatory. The term "such as" where used herein shall be considered as introducing a typical or illustrative, rather than an entirely exclusive or inclusive, designation of permitted or prohibited uses, activities, establishments or structures.