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Township of Andover, NJ
Sussex County
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Table of Contents
Table of Contents
Unless the context otherwise indicates, the following definitions shall be used in the interpretation and construction of this chapter. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "person" includes a corporation as well as an individual; the word "occupied" includes the words "designed or intended to be occupied"; the word "used" shall include the words "arranged, designed, constructed, altered, converted, rented, leased, or intended to be used"; the word "abut" shall include the words "directly across from," "adjacent" and "next to"; and the word "shall" is mandatory and not optional. The word "lot" includes the word "plot"; the word "building" includes the word "structure"; and the word "zone" includes the word "district."
Certain words and phrases used in this chapter are defined for the purpose hereof as follows:
ACCESSORY USE OR STRUCTURE
A subordinate use or building, the purpose of which is customarily incidental to that of the main use or building and on the same lot.
ADMINISTRATIVE OFFICER
The Zoning Officer.
AGRICULTURAL USE
An area of land which is actively devoted to agricultural or horticultural use which occupies no less than five acres, exclusive of the land upon which the farmhouse is located and such additional land as may actually be used in connection with the farmhouse, as provided in N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.5 and 54:4-23.11. Agricultural uses are defined herein to include peat harvesting operations.
ALTERATION
As applied to a building or structure, a change or rearrangement in the structure parts or in the existing facilities, or an enlargement whether by extension of a side or by increasing in height, or by moves from one location or position to another.
AMUSEMENT MACHINE
Any coin-operated machine or device which, whether mechanical, electrical or electronic, shall be ready for play by the insertion of a coin and may be operated by the public for use as a game, entertainment or amusement, the object of which is to achieve either a high or low score, by comparison to the score of other players.
AMUSEMENT MACHINE ENTERPRISE
Premises for the operation of amusement machines as a primary use.
ANIMAL, DOMESTIC
Dogs, cats, rabbits, and birds (other than poultry) for noncommercial family use only.
ANIMAL, FARM
Animals other than domestic animals that are kept and maintained for commercial production and sale and/or family food production, education or recreation and that are further associated with an agricultural use as defined in this chapter.
ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to short-term boarding and shall be incidental to such hospital use.
ANIMAL KENNEL
Any building, structure or premises in which animals are kept, boarded, bred or trained for commercial gain.
APPLICANT
The landowner or the agent, optionee, contract purchaser or other person authorized to act for and acting for the landowner submitting an application under this chapter.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance, issuance of a permit, or appeals.
APPROVING AUTHORITY
The Planning Board of the Township, unless a different agency is designated by ordinance.
AUCTION MARKET
Any premises on which are held at periodic times auction sales of merchandise or personal property.
AUTOMOTIVE SERVICE STATION or GASOLINE STATION
A place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public, including sale of accessories, greasing, oiling and light motor service on the premises.
BASEMENT
That portion of a building which is partly below and partly above grade and having at least 1/2 its height above grade and with a floor-to-ceiling height of not less than 6 1/2 feet.
BOARDER
A person who is not related to the head of the household and who may or may not pay for the privilege of boarding.
BOND
An insurance agreement underwritten by a reputable insurance company approved by the Township Committee, or cash as determined by the Township Planning Board, to provide financial surety for the act or default of an applicant in failing to comply with the standards of this chapter and the conditions of his approved plan.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING AREA
That horizontal ground area which is directly under a building or buildings.
BUILDING SETBACK
A line established by this chapter within a lot defining the minimum distance between any structure or portion thereof to be erected or altered and an adjacent right-of-way, easement, street line, common open space or property line.
BUSINESS SERVICES
Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; management and consulting services; protective services; equipment rental and leasing; commercial research, development, testing; photo finishing; and personal supply services.
[Added 4-25-2011 by Ord. No. 2011-01]
CELLAR
A portion of the building partly underground, having 1/2 or more than 1/2 of its height below the average grade level of the building or with a floor-to-ceiling height of less than 6 1/2 feet.
CHILD-CARE CENTER
An establishment providing for the care, supervision and protection of children.
CLUSTER
Areas to be developed as a single entity according to a plan containing residential housing, commercial and/or industrial units which have a common or public open space as an appurtenance.
COMMERCIAL MOTOR VEHICLE OPERATION
Any facility or property used primarily for the dispatching, garaging, servicing or maintaining of any truck registered at a gross weight in excess of 6,000 pounds, omnibus, tractor, trailer, semitrailer, pole trailer, or any vehicle registered in this state engaged in commerce which is now or hereafter subject to regulation and licenses by the Interstate Commerce Commission, the Bureau of Motor Carrier Safety of the Federal Highway Administration or the New Jersey Division of Motor Vehicles, provided that any such operation shall be limited to a maximum of 50 truck or trailer-type units and a maximum of 100 trailer-type units. The temporary storage of freight or cargo consistent with and ancillary to an operation shall be permitted. The storage of any other freight or cargo is prohibited.
COMMERCIAL RECREATION
See “recreation, commercial.”
COMMERCIAL VEHICLE
Any commercial-type vehicle, whether or not registered as a commercial vehicle, used in connection with a business or any vehicle containing advertising matter intended to promote the interest of any business, including tractor trailers, cabs or trailers normally used for over-the-road use, shipping containers, straight trucks and panel trucks.
COMMON OPEN SPACE
An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMON SEWER
A sewerage system wherein all uses on the property dispose of sewage into a common facility.
COMMON WATER
A water system wherein all water users on the property obtain their drinking water from a central well, or wells, or public water supply system.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility licensed pursuant to N.J.S.A. 30:11B-1 et seq. providing food, shelter and personal guidance under such supervision as required to not more than 15 developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community and shall include, but not be limited to, group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq. In the case of a community residence housing mentally ill persons, such residents shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as are established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. As used in this chapter, "developmentally disabled person" means a person who is developmentally disabled as defined in N.J.S.A. 30:11B-2, and "mentally ill person" means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23,[1] but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to N.J.S.A. 30:14-1 et seq. providing food, shelter, medical care, legal assistance, personal guidance and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.
CONVENTIONAL DEVELOPMENT
Any development other than planned development.
COURT
Any open, unoccupied area which is bounded by three or more attached building walls.
COVERAGE
That area of a lot which is occupied by a building or structure, but not including covered walkways, steps, patios or a parking lot or area or any similar improvements thereto.
CUL-DE-SAC
The end or terminal area of a dead-end street.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill; and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter.
DRIVE-IN RESTAURANT
A building where food or beverages are sold in a form ready for consumption and where a portion of the consumption of the same takes place or is designed to take place outside the confines of the building but on the building lot.
DWELLING
Any permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. Hotels, motels, dormitories, fraternity or sorority houses, rooming or boarding houses and other similar group quarters and institutional living space shall not constitute a dwelling as defined in this chapter.
DWELLING, SINGLE-FAMILY
A building occupied or intended for occupancy exclusively for one family or one household with direct access from the outside and further provided with cooking, sleeping and sanitary facilities for the exclusive use of the occupants of the unit.
DWELLING UNIT
One or more rooms providing living facilities for one family, including equipment for cooking or provisions for the same and indoor bathroom facilities.
EFFICIENCY APARTMENT or EFFICIENCY GARDEN APARTMENT
A dwelling unit consisting of not more than one habitable room plus a kitchen or kitchenette and sanitary facilities.
EQUINE ANIMAL
A horse, donkey, mule or pony.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground, surface or overhead gas, electrical, steam or water storage or transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stations, telephone lines, hydrants, tanks and other similar equipment and accessories herewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety or general welfare. "Essential services" shall include firehouses or stations and first aid and emergency first aid squads. Requirements for underground utilities shall be subject to the requirements of the Public Utility Commission as well as other Township ordinances where appropriate.
EXTENDED CARE FACILITY
A long-term care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit or a home for the aged or a governmental medical institution.
FAMILY
Any number of persons related by blood, marriage, or adoption or up to four unrelated persons living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common. "Family" shall also include foster children placed with a family in such dwelling by the Division of Youth and Family Service or a duly incorporated child-care agency and as provided for in N.J.S.A. 40:55D-66.1.
FARM
See “agricultural use.”
FENCE
An artificially constructed barrier of any material or combination of materials erected to enclose, screen or separate areas.
FLEX-SPACE BUILDINGS
Businesses using structures wherein office space is combined with a warehouse and/or the distribution of a product or products wherein such warehouse and/or distribution is necessary and incidental to the main office use. In such case, the warehouse shall not exceed 90% of the floor area of the building.
FLOOR AREA
The total enclosed floor area of all floors or stories of a structure used for residential, industrial, office, business or commercial activities, which, in the case of the latter, includes customer facilities, showcase facilities and storage and sales facilities.
GARAGE, PRIVATE
A building or space used as an accessory to the main building and in which no occupation, business or service for profit is carried on but which is used primarily for vehicle storage.
GARAGE, PUBLIC
A building or space other than a private garage which is used for storage, repair, rental, adjusting or equipping of automobiles or other motor vehicles, other than an automotive service station as herein defined.
GARDEN APARTMENT
A building occupied or intended for occupancy as separate living quarters for two or more families, or two or more households, with direct access either from the outside for each family or household or through a common hall, and further provided that separate cooking, sleeping and sanitary facilities are provided for the exclusive use of the occupants of each dwelling unit. Generally, each apartment unit is located on a single floor, but this feature is merely descriptive and not a mandatory requirement. Additional features of a garden apartment may be provided in common, such as off-street parking, yards and open space. The standards for garden apartment shall be substituted for the term "dwelling, multifamily" or the term "multiple-family dwelling" throughout this chapter.
GOLF COURSE
A tract of land laid out to play golf in accordance with United States Golf Association standards and improved with tees, greens, fairways and hazards and that may include a clubhouse and shelter and operated as a commercial enterprise or as a country club. The golf course may include as accessory uses a pro shop, maintenance facilities, sand, chipping and green practice areas and a practice range for the golfers using the eighteen-hole golf course but not a commercial driving range. The golf course owner shall also own the accessory uses such as a pro shop, maintenance facilities and chipping and driving practice area and golf course clubhouse.
GREENHOUSE
A building constructed mainly of glass or other translucent material in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants.
HEALTH CLUB
An establishment that provides facilities for aerobic exercises, indoor lap pools, running and jogging, exercise equipment, and ancillary facilities such as lockers, showers, and saunas.
[Added 4-25-2011 by Ord. No. 2011-01]
HEIGHT OF BUILDING
The vertical distance from the average ground elevation around the foundation of the building to the highest point of the roof beams of a flat roof and to the mean height between eaves and ridge for gabled, hipped or pitched roofs.
HISTORIC SITE OR BUILDING
Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of this state, its communities or the nation and has been so designated by one of the above.
HOME OCCUPATION OR PROFESSION
An occupation for gain or support conducted solely by members of the family residing in the dwelling unit, such as dressmaking, baking, millinery, craft workshops or an office of a member of a recognized profession, such as doctor, lawyer, architect, engineer, land surveyor, planner or similar profession in character by virtue of training and experience.
HOTEL
A facility offering transient lodging accommodations to the general public and not for permanent residency and providing additional services such as restaurants, meeting rooms and recreation facilities. Each hotel unit shall consist of at least one bedroom, bathroom and closet area. Cooking facilities within the separate rental units are specifically prohibited. No hotel or any rental space thereon, other than permanent concessionaires within a hotel or motel, shall be occupied by the same guest or guests for a consecutive period exceeding 14 days.
HOUSEHOLD
A family, or not more than four persons, living together as a single housekeeping unit.
IMPERVIOUS LOT COVERAGE
The square footage or other area measurement by which all buildings and impervious surfaces cover a lot as measured in a horizontal plane to the limits of the impervious area(s). All surfaced parking areas and all required parking areas which are permitted to remain unsurfaced shall be included in the computation of impervious lot coverage.
INDUSTRIAL
Those type, class or particular establishments which manufacture, assemble or fabricate products.
INSTITUTIONAL
A use by a public or nonprofit quasi-public body for educational, religious, charitable or civic purposes.
INTERESTED PARTY
Any person whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter.
INTERMEDIATE CARE FACILITY
A facility which provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designated to provide but who, because of their mental or physical condition, require care and services (above the level of room and board) which can be made available to them only through institutional facilities such as these.
JUNKYARD
Any area or structure used primarily for the collection, storage and sale of wastepaper, rags, scrap metal or discarded material and for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
KIOSK BUSINESS
Business conducted within a freestanding structure, or within an attached structure having exposure on at least two sides and containing less than 100 square feet in gross floor area.
LAND
A lot or geographic parcel, including improvements and fixtures on, above or below the surface.
LIGHT INDUSTRIAL MANUFACTURING
Manufacturing or assembly plants, those that do not present a fire or explosive potential or emit toxic matter, noise, odor, vibration, glare, smoke, particulate matter or other elements which may be discernible and may have a nuisance potential.
LOT
A designated parcel, tract or area established by a plat or otherwise permitted by law and which may be used, developed or built upon as a unit.
LOT AREA
An area of land which is determined by the limits of the lot lines bounding that area.
LOT AVERAGING
A form of development wherein individual lot areas and bulk requirements may be reduced, provided that the number of lot-averaged lots does not exceed the number of lots obtainable using conventional zoning in conformance with subdivision requirements, land use ordinances and NJDEP restrictions.
[Amended 9-14-2005 by Ord. No. 2005-19]
LOT COVERAGE
That percentage of the lot covered by building area.
LOT DEPTH
A mean horizontal distance between the front and rear lot lines measured at right angles to the street in the general direction of its side lot lines.
LOT WIDTH
The horizontal distance between the lot side lines measured at the street right-of-way line or at the building setback line when the lot is located upon a cul-de-sac. A corner lot fronting upon two streets shall be measured at right angles between one side line and one street right-of-way line at the other street right-of-way line. It shall meet the lot width requirements on one street.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MASTER PLAN
A composite of mapped and written proposals recommending development of the Township of Andover as duly adopted by the Planning Board.
MEDICAL OFFICES
An office or offices for the practice of general or specialized medicine and/or therapeutic services by licensed or state-certified practitioners.
[Added 10-27-2008 by Ord. No. 2008-17]
MINOR SUBDIVISION
As defined in Chapter 159, Subdivision of Land, § 159-4 of this Code.
MOTEL
An establishment providing transient accommodations containing six or more rooms with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building and providing additional services such as restaurants, meeting rooms and recreational facilities. Each motel unit shall consist of a bedroom, bathroom and closet space. No unit shall have individual cooking facilities. No motel or any rental space thereon, other than permanent concessionaires within a hotel or motel, shall be occupied by the same guest or guests for a consecutive period exceeding 14 days.
NONCONFORMING LOT
A lot of record existing at the time of passage of this chapter which does not have the minimum width or depth or contain the minimum area for the zone in which it is located.
NONCONFORMING STRUCTURE
A building which in its design or location upon a lot does not conform to the regulations of this chapter for the zone in which it is located.
NONCONFORMING USE
Use of a building or of land that does not conform to the regulations of the zone in which it is located.
NURSING HOME
An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
OFFICIAL COUNTY MAP
The map, with changes and additions therein, adopted and established from time to time by resolution of the Board of Chosen Freeholders of the county pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted in accordance with the Municipal Land Use Act,[2] or any prior act authorizing such adoption, which map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OPEN SPACE CLUSTER
An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
OWNER
An individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to develop the same under this chapter.
PATIO HOME
A single-family attached one-story dwelling unit, located on a separate lot with open space setbacks on three sides and with a court. Patio homes that are attached to a similar house on an adjacent lot are included in this definition.
PARKING AREA, PRIVATE
Any open area used for the temporary storage of automobiles and other vehicles for the private use of the owners or occupants of the lot on which the area is located.
PARKING AREA, PUBLIC
Any open area, other than a road or other public way, used for the temporary storage of automobiles and other vehicles and available to the public, whether for a fee or without compensation or as an accommodation for clients, customers or employees.
PARKING SPACE
An off-street space for the parking of one motor vehicle.
PEAT
Organic matter of geological origin, excluding coal, formed from dead plant remains in water and in the absence of air. It occurs in bogs, swampland or marsh and contains not less than 70% by dry weight of decomposed organic matter or, conversely, it has an ash (mineral) content not exceeding 25% by dry weight.
PEAT HARVESTING OPERATION
An operation that drains a swamp, bog or marsh, removes the peat that had formed under the water and then permits the area harvested to reach its natural water table.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
PLACE OF WORSHIP
A. 
A church, synagogue, temple, mosque or other facility that is used for prayer by persons of similar beliefs.
B. 
A special purpose building that is architecturally designed and particularly adapted for the primary use of conducting on a regular basis formal religious services by a religious congregation.
PLANNED COMMERCIAL DEVELOPMENT
A tract of land at least 25 acres in area within the Planned Commercial Development District, developed according to a plan as a single entity, whether owned by one or more parties, and containing one or more buildings with appurtenant common areas, and accommodating more than one of the uses within the Planned Commercial Development District.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential cluster, planned commercial development or planned industrial development.
PLANNED INDUSTRIAL DEVELOPMENT
An area of a minimum contiguous size as specified by this chapter to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by this chapter.
PLANNED RESIDENTIAL DEVELOPMENT
An area of 200 or more contiguous acres to be developed as a single entity according to a plan containing one or more residential structures and uses incident to residential use as is permitted pursuant to this chapter.
PLANNING BOARD
The Planning Board of Andover Township.
PRINCIPAL STRUCTURE
The primary or predominant use of a lot or plot.
PROFESSIONAL, BUSINESS, AND ADMINISTRATIVE OFFICES
An office or offices for those professional, scientific and technical services, including, but not limited to, the practice of law, real estate and appraisal services, accounting, architecture, landscape architecture, engineering, land use planning, interior design, land surveying, graphic design, computer systems design and consulting, marketing and sales management services, administrative management, human resources consulting, environmental consulting services and advertising and public relations services.
[Added 10-27-2008 by Ord. No. 2008-17]
PUBLIC AREA
A. 
Public parks, playgrounds, trails, paths and other recreational areas.
B. 
Other public open spaces.
C. 
Scenic and historic sites.
D. 
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGEWAY
The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the Township or a Township agency, board of education, state or county agency, or other public body for recreational or conservation uses.
QUALIFYING MAP
A map required to be submitted by the applicant to the reviewing municipal board for all cluster subdivisions. The qualifying map shall depict a conventional subdivision with lots meeting the standard yard requirements of the zone. The total number of lots in a cluster subdivision shall not exceed the number of standard lots which would otherwise have been permitted under this chapter, taking into account the physical features of the property.
QUORUM
The majority of the full authorized membership.
RECREATION, COMMERCIAL
Facilities of a recreational nature, such as a riding academy, bowling alley, golf course or tennis club operated for profit, open to the public.
RESEARCH LABORATORY
An establishment or other facility for carrying on investigation in the natural, physical, or social sciences, which may include engineering and product development.
RIGHT-OF-WAY
A. 
The strip of land on which a road, path or public utility is located, owned by or dedicated to the public, or subject to an easement in a public agency.
B. 
Generally, the right of one to pass over the property of another.
ROADSIDE STAND
An open or covered structure which fronts on a public street and which is operated for the purpose of direct-to-consumer commodity sales of products produced by operators, owned or leased, on the premises.
SEXUALLY-ORIENTED BUSINESS
A. 
A commercial establishment which, as one of its principal business purposes, offers for sale, rental or display any of the following: books, magazines, periodicals or other printed material, or photographs, films, motion pictures, videocassettes, slides or other visual representations, which depict or describe a specified sexual activity or specified anatomical area; or still- or motion-picture machines, projectors or other image-producing devices which show images to one person per machine at any one time and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area; or instruments, devices or paraphernalia which are designed for use in connection with a specified sexual activity; or
B. 
A commercial establishment that regularly features live performances characterized by the exposure of specified anatomical areas or by a specified sexual activity or which regularly shows films, motion pictures, videocassettes, slides or other photographic representations that depict or describe a specified sexual activity or specified anatomical area.
SHOPPING CENTER
A group of commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on site, provision for goods delivery separated from customer access, and landscaping and signage provided in accordance with an approved plan.
SIGN
Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others. The flag, badge or insignia of any public, quasi-public, civic, charitable or religious group shall not be considered a sign. The term "sign" shall also include advertising structures commonly known as billboards which direct attention to a business, commodity, service or activity conducted, sold, offered or existing elsewhere than upon the same lot where such sign is displayed and which are prohibited by this chapter.
SIGN AREA
The area defined by the outside edge of the frame. Where there is no frame or edge to the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the sign.
SIGN, DIRECTIONAL
An off-premises sign which indicates direction to a permitted use under the provisions of this chapter for special permit signs. Temporary signs giving direction to activities and events as enumerated in this chapter and on-premises signs, as regulated herein, directing and controlling traffic shall also be considered directional signs.
SIGN, DIRECTLY ILLUMINATED
Any sign designed to give forth any artificial light directly, or through any transparent or translucent material, from a source of light connected with such sign.
SIGN, FACADE AREA FOR
The area of a building wall fronting on a street, including windows and doors.
SIGN, FLASHING
Any directly or indirectly illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
SINGLE-FAMILY DETACHED
See the definitions of "dwelling, single-family," "townhouse" and "patio home."
SITE PLAN
A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, drainage roads, rights-of-way, boundaries, all essential dimensions and bearings, and any other information required by Chapter 131, Site Plan Review, or deemed necessary by the appropriate board in unusual or special cases.
SPECIAL EVENT
A display of persons or materials, which display is not an adjunct to any business utilizing any rental space within the structure. A special event does not include sidewalk sales.
SPECIFIED ANATOMICAL AREA
Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola or human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast or any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
SPORTS FACILITIES
Facilities within an enclosed building with suitable acoustical construction so as to abate noise beyond the interior of the building accommodating training and playing of sports such as tennis, basketball, baseball, softball, volleyball, handball courts, skateboarding, martial arts instruction and indoor target ranges.
[Added 4-25-2011 by Ord. No. 2011-01]
STANDARDS OF PERFORMANCE
Standards adopted by this chapter regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Township ordinances or required by applicable federal or state laws.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF
A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
STREET
A public thoroughfare which has been dedicated or deeded to the public for public use, or a private street approved by official action or filed on a plat in the Sussex County Clerk's office before the appointment of a Planning Board in Andover Township.
STREET LINE
That line determining the limit of the highway rights of the public, either existing or contemplated.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above, or below the surface of a parcel of land.
TOPSOIL
The outer layer of the earth's crust, usually unconsolidated, which differs from the material beneath it, also usually unconsolidated, in color, structure, texture, physical constitution, chemical composition, biological character, probable chemical processes, in reaction and morphology.
TOWNHOUSE
A building designed for or occupied by no more than one family or household and attached by a fireproof party wall to other similar buildings or structures by party walls extending from the foundation to the roof and providing at least two direct means of access from the outside and provided with separate cooking, sleeping and sanitary facilities and separate facilities for electric service, heating facilities and gas service. For the purpose of this chapter, "townhouse" may include a building in fee simple, condominium or cooperative ownership or any combination thereof.
TRAILER
A wheel-based vehicle that is designed to be transported by traction and which is used or may be used as a dwelling or for the transportation or storage of goods, materials, livestock or any object. The regulations in this chapter that apply to trailers shall also apply to the following vehicles as herein defined below:
A. 
BOAT TRAILERA trailer designed for the purpose of transporting a boat overland.
B. 
HORSE TRAILERA trailer designed for the purpose of transporting horses or animals overland.
C. 
HOUSE TRAILERA large trailer outfitted as a home meant to be parked more or less permanently on a location.
D. 
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
E. 
PICKUP COACHA structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
F. 
TENT TRAILERA trailer with a built-in or attached tent designed and equipped to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
G. 
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, or as an office for business use.
USE
The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
VARIANCE
Permission to depart from the literal requirements of this chapter.
WAREHOUSE
A structure or room for the storage of merchandise or commodities. In retail sales establishments, the portion of the building used for storage or warehousing of merchandise or commodities shall not exceed 40% of the area of the building.
YARD
A. 
FRONT YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the abutting street right-of-way line and the nearest part of the principal structure on the lot.
B. 
REAR YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest part of the existing or proposed principal structure on the lot.
C. 
SIDE YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest part of the principal structure on the lot.
[1]
Editor's Note: N.J.S.A. 30:4-23 was repealed by L. 1987, c. 116. See now N.J.S.A.  30:4-27.2.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.