[Amended 1-26-1988 by Ord. No. 2539-881

Whenever a term which is defined in P.L. 1975, c. 291,1 and/or the New Jersey State Uniform Construction Code or which is defined in P.L. 1985, c. 222,3 and/or the Procedural Rules of the New Jersey Council on Affordable Housing is used in this article, such term is intended to include and have the meaning set forth in the definition of such term found in said statute and rules, in addition to the definition for such term which may be included in § 348-2.2 of this article, unless the context clearly indicates a different meaning.

For the purpose of this chapter,, certain terms or words used herein shall be interpreted or defined as follows:

A. 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"; tile word "zone" includes the word "district"; the word "occupied" includes the word "designed" and the phrase "intended to be occupied"; the word "use" includes the words "arranged" and "designed" and the phrase "intended to be used"; and the word "shall" is mandatory and not directory; and the word "abut" shall include the words "directly across from," "adjacent" and "next to."

B. The term "such as," where used herein, shall be considered as introducing typical or illustrative, rather than an entirely exclusive or inclusive designation of, permitted or prohibited uses, activities, establishments or structures.

Certain words, phrases and terms in this chapter are defined for the purpose herein as follows:

ACCESSORY USE OR BUILDING - A subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot except that any initial structure constructed upon a parcel of land or a building containing living space shall never be considered an "accessory building." [Amended 2-22-1995 by Ord. No. 3084-95]

ADMINISTRATIVE OFFICER - The Planning Board Administrator for matters under the jurisdiction of the planning Board; the Zoning Officer for matters under the jurisdiction of the Zoning Board of Adjustment and the Township Clerk for matters under the jurisdiction of the governing body.

ADULT-CARE CENTER - A nonresidential facility maintained for the care, development and/or supervision of persons age 18 or older. [Added 9-24-1996 by Ord. No. 3196-96]

AGE-RESTRICTED MULTIFAMILY RESIDENTIAL DEVELOPMENT - A multifamily residential development created to provide housing opportunities for low- and moderate-income senior citizens. At least one member of the household which qualifies for the low- or moderate-income status must be at least 55 years of age or older. [Added 2-13-2002 by Ord. No. 3665-02]

ALTERATIONS - As applied to a building or structure, a change or rearrangement in the structural supports; or a change in the exterior appearance; or a change in height, width or depth; or moving a building or structure from one location or position to another; or changing, adding to or removing from or otherwise affecting the exterior appearance of a building or structure.

ALTERNATIVE LIVING ARRANGEMENT - A structure in which households live in distinct rooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangement for the purpose of this chapter shall be limited to residential health-care facilities as regulated by the New Jersey Department of Health, group homes for the developmentally disabled and mentally ill as licensed and regulated by the New Jersey Department of Human Services, and congregate living arrangements. [Added 2-13-2002 by Ord. No. 3665-02]

ANIMAL CARE FACILITY - Veterinary clinics, hospitals, boarding and training kennels, pounds and similar facilities operated either as commercial facilities or on a nonprofit or philanthropic basis. Commercial animal grooming businesses shall not be considered "animal care facilities." [Amended 2-22-1995 by Ord. No. 3084-95]

ANIMATED SIGN - A sign which utilizes motion of any part by mechanical means or displays flashing, oscillatory or intermittent lights or appears to move due to movement of the viewer.

APARTMENT - The same as "dwelling unit."

APARTMENT HOUSE - The same as "dwelling, multiple."

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 plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to Section 25 or Section 27 of P.L. 1975, c. 291.

AUCTION MARKET - Any premises on which are held, at periodic times, auction sales of merchandise or any other personal property.

AUTOMOBILE REPAIR SHOP - The same as "motor vehicle repair garage."

AUTOMOBILE SALES AGENCY - A place of business where the primary purpose is the sale of new motor vehicles, having a building with either showrooms, office space, repair and/or maintenance facilities, with or without a used car lot on the same business premises or immediately adjacent thereto.

AUTOMOBILE SERVICE STATION - The same as "motor vehicle service station."

BANNER - A sign having characters, letters or illustrations applied to cloth, paper or fabric of any kind, with only such material for backdrop.

BASE FLOOD ELEVATION - The elevation, based on mean sea level, of a flood that has a one-percent or greater chance of occurrence in any given year as established by the Federal Insurance Administration of the Department of Housing and Urban Development and as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration.

BASEMENT - A story partly underground and having more than of its height above the average level of the finished grade at the front of the building.

BILLBOARD - A structure utilized for advertising an establishment, an activity, a product, a service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which the said sign is located.

BOARDING- OR LODGING HOUSE - Any dwelling for hire in which more than two persons are housed or lodged, with or without meals.

BOARD OF ADJUSTMENT - The Board established pursuant to Section 56 of P.L. 1975, c. 291 4 The term "Board of Adjustment" as used in this chapter also means the Planning Board when it is acting pursuant to Section 47 of P.L. 1975, c. 291

BOARD OF ADJUSTMENT ENGINEER - The licensed New Jersey professional engineer specifically retained by the Board of Adjustment, or assigned by the Township Engineer with the consent of the Board, to render engineering services and advice to the Board. In the absence of the specific appointment of a Board of Adjustment Engineer, the Township Engineer may assume the duties of the office.

BOATYARD - Any waterfront facility where docking accommodations and/or land-dry-storage accommodations for any watercraft, such as powerboats, sailboats or rowboats, are offered on a rental basis and where facilities for the building, rebuilding and general repair of boats and marine equipment are provided. A boatyard shall be deemed to include all auxiliary and accessory services as chandlery, gasoline sales and rental business activities related to the primary use.

BOX SIGN - A sign, the face of which is enclosed with a box-like structure.

BUILDABLE AREA - That central portion of any lot between required yards and/or setback lines.

BUILDING - Any structure used or intended for supporting or sheltering any use or occupancy.

BUILDING AREA - The total of areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory building, exclusive of unroofed porches, terraces or steps having vertical faces, which at all points are less than three feet above the level of the ground.

BUILDING HEIGHT - The vertical distance measured from the average elevation of the finished grade at all corners of the building to the highest point of the roof for flat roofs; to the mean height level (between the eaves and ridge) for gable and hipped roofs; and to the deck line for mansard roofs.

BUILDING LINE (SETBACK LINE) - The line beyond which a building shall not extend unless otherwise provided in this chapter.

BUILDING PERMIT - A permit issued for the alteration or erection of a building or structure in accordance with the provisions of Chapter 252, Construction Codes, Uniform, of the Code of the Township of Dover.

BUILDING PRINCIPAL - A structure in which is conducted the principal use of the site on which it is situated. In any district, any dwelling shall be deemed to be a principal building on the lot on which it is located.

BULK STORAGE - The stockpiling or warehousing of materials, which may or may not be enclosed within a structure, including but not limited to sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies,' metal, concrete and insulation.

BUSINESS OFFICE - A business establishment, including but not limited to offices of insurance agents, real estate brokers or travel agents, which does not offer a product or merchandise for sale to the public but which offers a service to the public. However, personal services, such as barber, and repair services, such as radio and television repair shops, are not to be included within the definition of "business office." [Amended 6-13-1990 by Ord. No. 2748-90]

CAPITAL IMPROVEMENT - A governmental acquisition of real property or a major construction project.

CARPORT - A covering or roof to allow the parking of automobiles underneath. With the exception of supports, the carport shall have no sides unless such sides are the exterior wall of an adjacent building.

CELLAR - A story wholly or partly underground and having more than of its clear height below the average level of the adjoining ground.

CERTIFICATE OF COMPLETENESS - A certificate issued by the Administrative Officer after all required submissions have been made in proper form, certifying that an application for development is complete.

CERTIFICATE OF NONCONFORMANCE - A certificate issued by the Administrative Officer for a use, building, structure or lot in existence at the time of passage of this chapter which is not in conformance with the provisions of this chapter.

CERTIFICATE OF OCCUPANCY - A certificate issued upon completion of construction and/or alteration of any building or the change in occupancy of a commercial or industrial building. Said certificate shall acknowledge compliance with all requirements of this chapter, such adjustments thereto granted by the Board of Adjustment or Planning Board and/or all other applicable requirements.

CHURCH - A building or group of buildings, including customary accessory buildings, designed or intended for public worship. For the purpose of this chapter, the word "church" shall include chapels, congregations, cathedrals, temples and other similar designations, as well as parish houses, convents and such accessory uses.

CHILD-CARE CENTER - A nonresidential facility maintained for the care, development or supervision of children. [Added 3-12-1996 by Ord. No. 3164-96; amended 9-24-1996 by Ord. No. 3196-96]

CIRCULATION - 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 .

CLINIC MEDICAL AND/OR DENTAL - A building or buildings designed and/or used for the treatment of nonresident patients operated by or in conjunction with a medical school, hospital, health maintenance organization or insurance company or by a business for its employees and their families. [Added 9-24-1996 by Ord. No. 3191 96]

COMMON OPEN SPACE - An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED - Any community residential facility housing up to 16 developmentally disabled persons which provides food, shelter and personal guidance for developmentally disabled persons who require assistance, temporarily or permanently, in order to live independently in the community. Such residences shall not be considered health care facilities within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.), and shall include but shall not be limited to group homes, halfway houses, supervised apartment living arrangements and hostels. [Added 12-26-1978 by Ord. No. 1801]

COMMUNITY SHELTERS FOR VICTIMS OF DOMESTIC VIOLENCE - Any shelter providing food, shelter, medical care, legal assistance, personal guidance and any 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 to protect their physical or psychological welfare. Such shelters shall be certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337? [Added 4-11-1990 by Ord. No. 2729-90]

COMPLETE APPLICATION - An application for development which complies in all respects to the appropriate submission requirements set forth in this chapter.

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.

CONTINUING-CARE RETIREMENT COMMUNITY - A parcel of land developed as a comprehensive and integrated system providing housing and services for extended durations combining independent living accommodations and other housing types, including health care beds, and including the provision of recreational, social, health care and dietary as well as security services intended for the age-eligible residents and other users of such a facility or development and their guests. [Added 7-10-1991 by Ord. No. 2840-91]

CONVENTIONAL - Development other than planned development.

CORNER LOT - A lot fronting on two or more streets at their intersection.

CORPORATE PARK - A planned or organized industrial and/or corporate headquarters area with comprehensive design for buildings, utilities and street access, which is systematically subdivided according to the needs of the tenants and may contain more than two separate buildings, either individually owned or leased. [Added 11-24-1998 by Ord. No. 3386-98]

COUNTY MASTER PLAN - A composite of the Master Plan for the physical development of Ocean County with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.7.S.A. 40:27-2 and 40:27-4.

COUNTY PLANNING BOARD - The Planning Board of the County of Ocean.

COURT - An unoccupied open space on the same lot with a building, which is bounded on three or more sides by building walls.

COVERAGE - The same as "lot coverage by buildings." [Amended 12-9-2003 by Ord. No. 3843-03]

CURB LEVEL - The officially established grade of the curb in front of the midpoint of the front lot line.

DAYS - Calendar days.

DAY NURSERY - A facility designed to provide daytime care for children age six and under. [Added 3-12-1996 by Ord. No. 3164-96]

DAYTIME - The hours after 7:00 in the morning and before 6:00 in the evening. [Added 3-12-1996 by Ord. No. 3164-96]

DENSITY - The permitted number of dwelling units per gross area of land to be developed. See "residential density, gross." [Amended 6-11-1985 by Ord. No. 2329-85]

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.

DEVELOPMENTALLY DISABLED - Experiencing a disability which originates before 18 years of age, which has continued or is expected to continue indefinitely, which constitutes a substantial handicap and which is attributable to mental retardation, cerebral palsy, epilepsy, autism or other conditions found by the Commissioner of Human Services to give rise to an extended need for similar services. [Added 12-26-1978 by Ord. No. 1801]

DEVELOPMENT PERMIT - A document signed by the Administrative Officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom duly authorized by a municipal agency.

DEVELOPMENT REGULATION - This chapter, Official Map Ordinance or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to P.L. 1975, c. 291.

DIRECTIONAL SIGN - A sign which serves as an aid to motorists using the parking facilities of some establishment, which sign does not itself advertise the establishment and which meets the size requirements of this chapter.

DISTRICT - Any part of the territory of Dover Township which is designated on the accompanying Zoning Map and to which certain uniform regulations and requirements of this chapter apply.

DIVISION - The Division of Stale and Regional Planning in the New Jersey Department of Community Affairs.

DRAINAGE RIGHT-OF-WAY - 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.

DRIVE-IN RESTAURANT - The same as "restaurant, drive-in."

DWELLING - Any building or portion thereof designed or used exclusively for one or more dwelling units.

A. DWELLING UNIT - A building or part thereof having cooking, sleeping and sanitary facilities designed for or occupied by one family and which is entirely separated from any other dwelling unit in the building by vertical or horizontal floors, and with an independent means of access. [Amended 2-22-1995 by Ord. No. 3084-95]

B. DWELLING SINGLE-FAMILY - A building designed for or containing one dwelling unit.

C. DWELLING TWO-FAMILY - A building designed for or containing two dwelling units which are entirely separated from each other by vertical walls or horizontal floors. [Amended 2-22-1995 by Ord. No. 3084-95]

D. DWELLING MULTIPLE - A building designed for or containing three dwelling units which are entirely separated from each other by vertical walls or horizontal floors. [Amended 2-22-1995 by Ord. No. 3084-951

E. DWELLING EFFICIENCY APARTMENT - An apartment including the following separate rooms or a combination thereof: a bathroom with toilet and bath facilities and a combination living room and bedroom with a combination kitchen and dining room; or a combination living room, bedroom and dining room with a separate kitchen; or a combination living room, bedroom, dining room and kitchen, provided that the kitchen can be closed off from the remainder of the room. No additional room shall be provided except hallways and suitable closet and storage space.

F. DWELLING ONE-BEDROOM APARTMENT - An apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining room area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; and a bedroom. No additional room shall be provided except hallways and suitable closet and storage space.

G. DWELLING TWO-BEDROOM APARTMENT - An apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a master bedroom; a second bedroom. No additional room shall be provided except hallways and suitable closet and storage space.

H. DWELLING THREE-BEDROOM APARTMENT - An apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a master bedroom; a second bedroom; a third bedroom. No additional room shall be provided except hallways and suitable closet and storage space.

I. DWELLING TOWNHOUSE - A one-family dwelling 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.

**Webmasters Note: The above definition has been added as per Ordinance No. 4064-06

EASEMENT - The right of the Township, county, state, sewerage authority or other public or quasi-public agency or their agents, servants and employees to use the land subject to the easement for the purposes specified on the plat or in the document granting the easement.

EDUCATIONAL USE - Public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the state. Summer day camps shall not be considered as educational uses or accessories to such uses. Duly accredited colleges and universities shall also be considered educational uses.

ENVIRONMENTAL COMMISSION - A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-I et seq.).

EROSION - The detachment and movement of soil or rock fragments by water, wind, ice and gravity.

ESSENTIAL SERVICES - Underground gas, electrical, telephone, telegraph, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits and cables; and including normal aboveground appurtenances, such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.

**Webmasters Note: The previous definition has been amended as per Ordinance No. 4173-09, which repealed Ordinance No. 4127-08.

ESTABLISHMENT - The primary activity, under one proprietorship, of a parcel or building or a section thereof.

EXEMPT DEVELOPMENT - That site plan and/or subdivision approval shall not be required for the following:

A. Construction, additions or alterations related to single-family detached or two-family detached dwellings on individual lots.

B. Interior alterations which do not increase the required number of off-street parking spaces.

C. Any change of use of land or structure to a use for which the standards of this chapter are the same or less restrictive or stringent.

D. Any increase in the total number of employees, number of employees in any shift or the number of vehicles to be stored or parked on the site not exceeding 1510 of the amount existing at the time of passage of this chapter. or as set forth at the time of a previous site plan approval.

E. Construction or installation of underground facilities which do not alter the general use, appearance or grade of the site, provided that the underground installation of fuel-oil tanks or tanks for the storage of flammable or combustible liquids or materials shall have been approved by the Dover Township Bureau of Fire Prevention.

F. The construction or alteration of or addition to an off-street parking area which provides an increase of five or fewer vehicle parking spaces as compared to the last approved and/or developed site plan or the number existing at the time of the adoption of this chapter, except in conjunction with or subsequent to any condemnation or taking proceeding. [Amended 4-11-1990 by Ord. No. 2729-90; 5-13-1992 by Ord. No. 2911-92]

G. Divisions of property, and conveyances so as to combine existing lots, which are not considered to be subdivisions in accordance with the definition of "subdivision" contained within this article.

H. Home professional offices of less than 500 square feet within existing buildings located in districts where such home professional offices are permitted accessory uses or conditional uses, provided that such office does not require more than five off-street parking spaces pursuant to the provisions of this chapter.

I. Erection of a tent in any zone where tents are a permitted accessory use for 30 days or less and not more than twice per calendar year. [Added 4-11-1990 by Ord. No. 2729-90]

J. Modification to site to improve handicap accessibility not involving additional building area. [Added 2-22-1995 by Ord. No. 3084-95]

K. Installation of solid waste storage container(s) and enclosure(s) conforming to the requirements of § 348-8:27, Solid waste storage, and subject to compliance with any prior development approvals. [Added 2-22-1995 by Ord. No. 3084-95]

L. TEMPORARY OUTDOOR DISPLAY OF GOODS FOR SALE in accordance with Section 348-5.20.

**Webmasters Note: The previous subsection has been added as per Ordinance No. 4097-07.

FAIR SHARE HOUSING DEVELOPMENT [Added 1-26-1988 by Ord. No. 2539-88; amended 12-26-1991 by Ord. No. 2881-91] - (Reserved)

FAMILY - One or more persons living together as a single entity or nonprofit housekeeping unit, as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house. The family shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.

FARM - Any parcel of land, three acres or larger in size, which is used for gain in the raising of agricultural products, livestock, poultry or dairy products.

FARM BUILDING - Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and necessary to the operation of a farm.

FARMERS' MARKET - A commercial business or cooperative gathering primarily for the display and sale of locally grown produce.

FENCE - An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials. For the purpose of this chapter, railings on decks and porches shall be considered "fences." [Amended 5-13-1992 by Ord. No. 2911-92]

FENCE OPEN - A fence in which of the area between grade level and the top cross member (wire, wood or other material) is open.

FINAL APPROVAL - 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.

FINAL PLAT - The final map of all or a portion of the site plan or subdivision which is presented to the Planning Board for final approval in accordance with the .provisions of this chapter.

FLOODPLAIN, FLOODWAY AND FLOOD HAZARD AREA - The same as defined in Chapter 313, Flood Damage Prevention, of the Code of the Township of Dover.

FLOOR AREA - The sum of the gross horizontal areas of the floor or several floors of a building measured between the inside faces of exterior walls, or from the center line of walls common to two dwelling units or uses. For nonresidential uses, "floor areas" shall include basements, cellars and storage areas.

FLOOR AREA RATIO - The sum of the area of all floors of buildings or structures compared to the total area of the site. [Amended 6-11-1985 by Ord. No. 2329-85]

GARAGE - A building or structure intended or suitable for the storage of motor-driven vehicles.

GARAGE PRIVATE - A garage used as an accessory to the main building, which provides for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.

GARAGE PUBLIC - A garage conducted as a business. The rental of storage space for more than two motor vehicles not owned on the premises shall be deemed a "public garage.

GAS STATION - The same as "motor vehicle service station."

GOLF COURSE - An area of 50 or more contiguous acres containing a full-size professional golf course, at least nine holes in length, together with the necessary and usual accessory uses and structures, such as but not limited to clubhouse facilities, dining and refreshment facilities, swimming pools, tennis courts and the like, provided that the operation of such facilities is incidental to the operation of the golf course.

GOVERNING BODY - The Township Committee of the Township of Dover.

GRADE FINISHED - The completed surfaces of lawns, walks and roads brought to grade as shown on official plans or designs relating thereto or as existing if no plans or designs have been approved.

GROSS FLOOR AREA - The same as "floor area."

GROSS HABITABLE FLOOR AREA - The sum of the gross horizontal areas of the floor or several floors of a dwelling, measured between the inside face of exterior walls or from the center line of walls separating two dwelling units, having a clear ceiling height of seven feet, four inches or greater, but not including any unfinished cellar or basement or any garage space, breezeway, interior patios, enclosed porches or accessory building space.

GROUND LEVEL - The lowest elevation existing or proposed, within one foot of the proposed area of construction. [Added 4-11-19)0 by Ord. No. 2729-90]

GROUND SIGN - A self-supporting sign connected to the ground and independent of any other structure.

GROUNDWATER REMEDIAL ACTION [Added 9-24-199fi by Ord. No. 3196-96] The removal or abatement of pollutants in groundwater and includes dewatering, activities performed in connection with the removal or replacement of underground storage tanks, as defined in N.J.S.A. 58:10A-22, except that as used herein underground storage tanks shall include:

A. Farm underground storage tanks with a capacity of 1,100 gallons or less used for the noncommercial storage of motor fuels;

B. Underground storage tanks used to store heating oil for on-site consumption in a nonresidential building with a capacity of 2,000 gallons or less; and

C. Underground storage tanks used to store heating oil for on-site consumption in a residential building.

HABITABLE FLOOR AREA - The same as "gross habitable floor area."

HEALTH CARE FACILITY - The facility or institution, whether public or private, engaged principally in providing services for health maintenance organizations, diagnosis or treatment of human disease, pain, ihjury, deformity or physical condition, including but not limited to general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency, boarding home or other home for the sheltered care of adult persons, bioanalytical laboratory (except as specifically excluded hereunder) or central services facility wherein one or more such institutions but excluding institutions that provide healing solely by prayer and institutions defined as "residential health care facilities," as defined herein, and excluding such bioanalytical laboratories as are independently owned and operated which are not owned, operated, managed or controlled, in whole or in part, directly or indirectly by any one or more health care facilities and the predominant source of business of which is not by contract with health care facilities within the State of New Jersey in which solicit or accept specimens and operate predominantly in interstate commerce. [Added 12-26-1978 by Ord. No. 1801; amended 7-10-1991 by Ord. No. 2840-91]

HELIPORT - A landing place for helicopters. [Added 8-12-1997 by Ord. No. 3277-97]

HISTORIC SITE - Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of Dover Township, Ocean County, the State of New Jersey or the nation and has been so designated pursuant to P.L. 1975, c. 291.

HOME OCCUPATION - Any gainful employment, or occupation, of one or more members of the resident family, which shall constitute, either entirely or partly, the means of livelihood of such member or members and which shall be conducted in clearly secondary or accessory use to the primary residential use of the principal structure. Such occupation may be pursued in the principal dwelling structure or in a secondary building which is accessory to such principal structure. Home occupations may include but are not limited to such activities as dressmaking, millinery, watchmaking, electrical and radio repair and carpentry. The retail sale of goods or services in structures designed or altered to make such activities the primary use of the site shall not be construed hereunder to be a home occupation.

HOME PROFESSIONAL OFFICE - Any professional office conducted entirely within the. dwelling or accessory building to the dwelling which is the bona fide residence of the practitioner.

HOSPITAL - A building or series of buildings, primarily for treatment of patients to be housed on the premises, and providing health, medical and surgical care for sick or injured human beings, including as an integral part of the buildings such related facilities as laboratories, out-patient departments, clinics, training facilities, central service facilities and staff offices. The definition of "hospital" shall not include nursing homes, medical care centers and the like.

HOTEL - A building which contains 10 or more units of dwelling space and which is kept, used, maintained, advertised as, or held out to be, a place where sleeping or dwelling accommodations are available to transient guests.

**Webmasters Note: The previous definition has been amended as per Ordinance No. 4164-08.

IMPERVIOUS SURFACE - Any material that prevents or significantly impedes absorption of stormwater in the ground. [Added 6-9-2004 by Ord. No. 3880-04]

IMPROVED STREET - A street curbed and paved in accordance with the standards set forth in this chapter for new streets or, alternately, a street which has been accepted and maintained by Dover Township, Ocean County or the State of New Jersey.

INDOOR RECREATION FACILITY - A permanent structure containing facilities for recreational activities such as tennis, platform games, swimming, exercise rooms, handball and similar activities. [Added (-9-2004 by Ord. No. 3880-04]

INDUSTRIAL PARK - A planned or organized industrial and/or corporate headquarters area with comprehensive design for buildings, utilities and street access, which is systematically subdivided according to the needs of the tenants and may contain more than two separate buildings, either individually owned or leased.

INSTRUCTIONAL SCHOOLS - A school designed to provide instruction in a limited area of vocational, artistic, recreational or business purposes, including but not limited to art, dancing, music, gymnastics, martial arts and/or computer/secretarial skills. [Added 3-12-1996 by Ord. No. 3164-96]

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 in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose rights to use, acquire or enjoy property are or may be affected by any action taken under this chapter and/or pursuant to the provisions of P.L. 1975, c. 291, or whose rights to use, acquire or enjoy property under the provisions of P.L. 1975, c. 291, 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 this chapter.

INTERIOR OR INSIDE LOT - A lot bounded by a street on one side only.

INTERIOR STREET OR ROAD - A street or road that is developed wholly or within a parcel under one ownership and meeting all Township standards.

ITEM OF INFORMATION A. As applied to a sign:

(1) A word, abbreviation, initial or the name of the establishment or proprietor up to a limit of seven words.

(2) A number, trademark or symbol if without lettering; if it contains lettering, see below; a telephone number or zip code shall be considered a single item.

(3) An illustration or design element and each broken plane of a sign, if there is more than one.

B. The following shall not constitute an "item of information":

(1) The second, third, fourth, fifth, sixth and seventh words of the name of the establishment.

(2) Lettering four inches or less in height.

(3) Letters or numbers carved into or applied in such a way that they are an architectural detail of a building, provided that they are not illustrated apart from the building, are not made of reflecting materials and do not contrast sharply in color with the building.

(4) The trademark or symbol itself if it incorporates lettering larger than four inches; provided, however, that the words which are a part of the trademark are counted as "items of information."

(5) Directional signs.

(6) Street numbers.

JUNKYARD - Any lot or portion thereof used for the storage, keeping or abandonment of junk, including scrap materials, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment or machinery or parts thereof. The term "junkyard," as herein defined, includes automobile wrecking yards. Any person, firm or corporation who shall permit the storage or keeping of more than one inoperative or abandoned vehicle, items of equipment, machinery or parts thereof, except as may be part of an allowed use of the premises, shall be deemed to be operating a "junkyard."

LAND - Includes improvements and fixtures on, above or below the surface.

LIGHT MANUFACTURING - The fabrication, assembly or processing of goods or materials or the storage of bulk goods and materials where such activities or materials create no hazard from fire or explosion or produce no toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.

LIVESTOCK - All animals kept or raised for profit-making purposes, including but not limited to animals raised for slaughter or sale, animals kept for breeding, chickens kept for laying eggs, work animals and animals kept for producing dairy products.

LOADING SPACE - An off-street space for the temporary parking of a commercial vehicle while loading or unloading. Such space must have clear means of ingress and egress to a public street at all times.

LOCAL COLLECTOR STREET - An existing or proposed street classified as a local collector street on the Circulation Plan of the Dover Township Master Plan or a proposed street meeting the design standards for local collector streets in this chapter.

LOCAL STREET - An existing street classified as a local street on the Circulation Plan of the Dover Township Master Plan or a proposed street meeting the design standards for local streets in this chapter.

LONG-TERM RESIDENTIAL HEALTH CARE FACILITIES - The facility or institution, whether public or private, engaged principally in providing shelter, health maintenance and monitoring services. Provided are living units which may be of independent, semi-independent or health care bed types, as well as variable levels of personal assistance, recreational, social, dietary and health care services. Included within this category are congregate care housing, assisted living facilities, multilevel facilities, extended care facilities, skilled nursing homes, nursing homes and intermediate care facilities. [Added 7-10-1991 by Ord. No. 2840-91]

LOT - A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA - The acreage and/or square footage of a lot contained within the lot lines of the property. Any portion of the lot included in a street right-of-way, including road widening easements, shall not be included in calculating lot area, Portions of lots encumbered by easements except as noted shall be included in calculating lot area. Portions of lots below the mean high-water line shall not be considered in any lot area, frontage, width, depth or yard area calculation. [Amended 11-10-1992 by Ord. No. 2943-92; 9-24-1996 by Ord. No. 3196-96]

LOT COVERAGE BY BUILDINGS - The area of a lot covered by buildings and structures and expressed as a percentage of the total lot area. [Amended 12-9-2003 by Ord. No. 3843-03]

LOT DEPTH - The mean horizontal distance between the front and rear lot lines measured in the general direction of its side lot lines; in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line which shall be not less than 10 feet in length measured between its intersections with the side lot lines. On lots, one side lot line shall be considered a rear lot line for the purpose of determining lot depth only. [Amended 12-9-2003 by Ord. No. 3843-03]

LOT FRONTAGE - The horizontal distance of lot lines or portions thereof which are coexistent with a street line. In the case of a street of undefined width, said lot lines shall be assumed to parallel the center line of the street at a distance of 50% of the statutory street right-of-way width therefrom.

LOT LINE - Any line designating the extent or boundary of a lot which shall further be defined as follows:

A. FRONT LOT LINE - A lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.

B. REAR LOT LINE - The lot line most distant and generally opposite and parallel to the front lot line. (See § 348-5.6C, D and E.)

C. SIDE LOT LINE - Any lot line other than a front or rear lot line. (See § 348-5.6C, D and E.)

LOT WIDTH - The shortest distance between the side lot lines measured through the midpoint of a line parallel to the front lot line or street line located at a distance from the street line (or front lot line) equal to 1/2 the required lot depth or 1/2 the actual lot depth, whichever is less. On corner lots, one front lot line shall be considered a side lot line for the purpose of determining lot width only.

MAINTENANCE GUARANTY - Any security which may be accepted by the municipality for the maintenance of any improvements required by development regulations, including but not limited to surety bonds, letters of credit pursuant to N.J.S.A. 40:55D-53 and cash. [Amended 5-13-1992 by Ord. No. 2911-92]

MAJOR COLLECTOR STREET - An existing or proposed street classified as a major collector street on the Circulation Plan of the Dover Township Master Plan or a proposed street meeting the design standards for major collector streets in this chapter.

MAJOR SITE PLAN - Any site plan not classified as a minor site plan or exempt site development.

MAJOR SUBDIVISION - Any subdivision not classified as a minor subdivision.

MANUFACTURING - The treatment or processing of raw products, and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.

MARINA - Any waterfront facility wherein berthing spaces for any and all watercraft or boats are provided. A marina shall be deemed to include, in addition, automobile parking facilities; sanitary facilities; motor fuel sales; and boat sales, repairs, maintenance and service, excluding, however, facilities for the construction of new boats. For the purpose of this chapter, the rental of two or more berthing spaces to other than the residents of the property contiguous to same shall be deemed to constitute a marina, and same shall conform to all provisions of this chapter pertaining to marinas.

MASTER PLAN - A composite of one or more written or graphic proposals for the development of Dover Township as set forth in and adopted pursuant to Section 19 of P.L. 1975, c. 291.

MAXIMUM LOT COVERAGE BY BUILDINGS - The area of a lot covered by buildings and structures, with the exception of residential decks less than 36 inches above grade and pools, and expressed as a percentage of the total lot area. [Added 12-9-2003 by Ord. No. 3843-03]

MAYOR - The Chairman of the Township Committee of the Township of Dover.

MENTALLY ILL PERSON - A person afflicted with mental disease to such an extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others or of the community, but shall not include a person who has been committed after having been found not guilty of a criminal charge or unfit to be tried on a criminal charge by reason of insanity. [Added 12-26-1978 by Ord. No. 1801]

MINING - Cumulative removal of more than 1,500 cubic yards of material from any site, which removal is not in conjunction with a site plan or subdivision approved by the appropriate municipal, county and state agencies. [Added 8-23-1983 by Ord. No. 2195-83]

MINI WAREHOUSE - A commercial facility which primarily provides storage space accommodations within enclosed building(s) for use by the public, including businesses, on a rental basis. The facility may contain one dwelling unit only for the sole occupancy by the caretaker of the facility and may include areas reserved for the storage of operable, registered and insured motor driven vehicles, displaying Department of Motor Vehicles (DMV) plates, including boats and trailers. For the purpose of this chapter, the storage of bulk goods and materials used in the fabrication, assembly, processing or manufacturing, including hazardous, toxic and corrosive materials, will not be considered mini warehousing. [Added 7-8-1997 by Ord. No. 3271-97]

MINOR ARTERIAL - An existing or proposed street classified as a minor arterial on the Circulation Plan of the Dover Township Master Plan or a proposed street meeting the design standards for minor arterials in this chapter.

MINOR COLLECTOR STREET - An existing or proposed street classified as a minor collector street on the Circulation Plan of the Dover Township Master Plan or a proposed street meeting the design standards for minor collector streets in this chapter.

MINOR SITE PLAN - A development for which site plan approval is required and for which the following conditions have been met: [Amended 2-9-1982 by Ord. No. 2068]

A. The construction of drainage facilities is not required.

B. Exterior facade alterations are proposed and/or new building construction and/or building additions do not exceed 2,000 square feet of gross floor area or 5% of the gross floor area of the existing building, whichever is greater.

C. The proposed development does not increase the parking requirements by more than 50 spaces or increase the existing parking by more than 5%, whichever is greater.

D. The site plan conforms to the requirements of Chapter 313, Flood Damage Prevention, Chapter 438, Soil Disturbance, Chapter 417, Trees, and Chapter 497, Watercourses and Coastal Wetlands, of the Code of the Township of Dover.

MINOR SUBDIVISION - Any subdivision resulting in not more than four lots plus the remainder of the original lot, all lots fronting on an existing improved street and not involving any new street or road, provided that the following conditions have been met: [Amended 2-9-1982 by Ord. No. 2068]

A. That curbs and sidewalks have been installed or that the developer agrees to install and post performance guaranties for curbs and sidewalks, or that curbs and sidewalks are not required due to specific conditions in the area.

B. That the subdivision does not require the extension of municipal facilities at the expense of the municipality.

C. That the subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin in which the lots are situated.

D. That the subdivision will not adversely affect the development of the remainder of the parcel or the adjoining property.

E. That the subdivision is not in conflict with any provision or portion of the Master Plan, Official Map or this chapter.

F. (Reserved)

G. That no portion of. the lands involved have constituted a part of a minor subdivision within two years preceding the application.

H. That the subdivision conforms to the requirements of Chapter 313, Flood Damage Prevention, Chapter 438, Soil Disturbance, Chapter 417, Trees, and Chapter 497, Watercourses and Coastal Wetlands, of the Code of the Township of Dover.

The Planning Board may classify consolidations of lots and resubdivisions to readjust lot lines as "minor subdivisions" regardless of the number of lots involved.

MOBILE HOME - A vehicle used or so constructed as to permit its being used as a licensed conveyance upon the public streets or highways and constructed in such a manner as will permit its use as a residence, office, business or for storage. This term shall also include trailers, automobile trailers, house trailers and trailer coaches used as offices, residences or accessory structures for storage purposes for both residential and nonresidential uses, excepting therefrom travel trailers, which are under eight feet in width and under 28 feet in length, and which are not used for purposes of day-to-day habitation.

MOBILE HOME PARK - Land and premises upon which two or more mobile homes occupied for dwelling or sleeping purposes are located. This term shall include trailer coach parks and courts.

MOTEL MOTOR COURT AND MOTOR HOTEL - A hotel where each unit has convenient access to a parking space or parking spaces for the use of the unit's occupants.

MOTOR VEHICLE REPAIR GARAGE - A building or portion of a building in which auto body work or the overhauling or replacement of engines or major components is conducted as a business for profit. Such uses may include those uses set forth in the definition of motor vehicle service stations. [Amended 4-11-19')0 by Ord. No. 2729-90]

MOTOR VEHICLE SERVICE STATION - Any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories. Such use may include facilities for lubricating, washing or servicing of motor vehicles. Such use shall not include any auto body work of any nature. [Amended 6-11-1985 by Ord. No. 2329-85]

MUNICIPAL AGENCY - The Planning Board or Board of Adjustment or governing body of the Township of Dover when acting pursuant to P.L. 1975, c. 291,13 and this chapter.

MUNICIPALITY - The Township of Dover.

NAMEPLATE SIGN - A sign indicating the name and/or profession or address of a person or persons residing on the premises or legally occupying the premises.

NONCONFORMING BUILDING - A building existing at the date of the passage of this chapter which, in the design or location upon a lot, does not conform to the regulations of this chapter for the district in which ii is located.

NONCONFORMING LOT - A lot existing at the date of the passage of this chapter, which does not meet the minimum dimensions or area requirements for the zone in which it is located.

NONCONFORMING USE - A use which occupied a building or land at the time of enactment of this chapter and which does not conform to the regulations of the district in which it is located according to this chapter.

NONRESIDENTIAL - A structure, building, etc., in which there will be no persons residing/living for a continuous period of habitating in a nontransient manner. [Added 9-24-1996 by Ord. No. 3196-96]

NURSERY - A place where trees, shrubs, vines and ornamental plants are propagated and/or grown for gain.

NURSERY SCHOOL - A school designed to provide daytime care or instruction of two or more children age six and under. [Amended 3-12-1996 by Ord. No. 3164-96]

OCCUPANCY - The specific purpose for which land or a building is used, designed or maintained.

OCCUPANCY PERMIT - The same as certificate of occupancy.

OFFICIAL COUNTY MAP - The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Ocean County pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP - A map adopted by ordinance by the Township Committee pursuant to Article 5 of P.L. 1975, c. 291.

OFF SITE - 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.

OFF TRACT - 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.

ON SITE - Located on the lot in question.

ON TRACT - Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN 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 UNOCCUPIED - An unoccupied, grassed, wooded or landscaped area open to the sky on the same lot with a principal and/or accessory building. Improved sidewalks, paved paths or other pedestrian ways within an unoccupied open space area, which exceed four feet in width, shall be deducted in determining the unoccupied open space area. Parking area or traffic channelization islands which are not landscaped or which have an area less than 350 square feet shall not be considered as unoccupied open space.

OUTDOOR CAFE - An unenclosed outdoor dining area operated on a seasonal basis by a restaurant on the same lot occupied by the restaurant.

**Webmasters Note: The definition above has been added as per Ordinance No. 4064-06

PARKING AREA PRIVATE - An open area, other than a street, intended for the same use as a private garage.

PARKING AREA PUBLIC - A paved open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee, free or as an accommodation of clients or customers.

PARKING SPACE - An off-street space provided for the parking of a motor vehicle with a minimum area of 162 square feet, exclusive of driveways or access drives. [Amended 2-)-1982 by Ord. No. 2068]

PARTY IMMEDIATELY CONCERNED - For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under Section 7.1 of P.L. 1975, c. 291.

PATIO - An area of land not used for receiving and storing material where the ground has been surfaced with construction material, such as brick, stone, cement or lumber, which does not project above grade level and which is entirely uncovered by a roof or any superstructure.

PERFORMANCE GUARANTY - Any security which may be accepted by the municipality, including surety bonds, letters of credit pursuant to N.7.S.A. 40:55D-53 and cash in lieu of a requirement that certain improvements be made before the municipal agency approves an application for a development permit. [Amended 5-13-1992 by Ord. No. 2911-92]

PERSONAL SERVICES Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel.

**Webmasters Note: The definition above has been added as per Ordinance No. 4064-06

PLANNED COMMERCIAL DEVELOPMENT - An area of a minimum contiguous size, as may be specified in this chapter, 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 this chapter.

PLANNED DEVELOPMENT - Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

PLANNED INDUSTRIAL DEVELOPMENT - An area of a minimum contiguous size, as may be specified in 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.

PLANNED RETIREMENT COMMUNITY DEVELOPMENT - An area of land containing dwellings and recreational, cultural and medical facilities and services for the benefit of the permanent residents who are, wherever possible, persons 55 years of age or over. [Amended 3-8-1989 by Ord. No. 26338-89]

PLANNED UNIT DEVELOPMENT - An area with a specified minimum contiguous acreage of 10 acres or more, to be developed according to a plan as a single entity 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 may be specified in this chapter.

PLANNED UNIT RESIDENTIAL DEVELOPMENT - An area with a specified minimum contiguous acreage of five acres or more, to be developed according to a plan as a single entity containing one or more residential clusters, which may include appropriate commerical or public or quasi-public uses, all primarily for the benefit of the residential development may be specified in this chapter.

PLANNING BOARD - The Dover Township Planning Board established pursuant to Section 14 of P.L. 1975, c. 291. The term "Planning Board" as used in this chapter also means the Board of Adjustment when it is acting pursuant to Section 63b of P.L. 1975, c. 291.

PLANNING BOARD ENGINEER - The licensed New Jersey professional engineer specifically retained by the Planning Board, or assigned by the Township Engineer with the consent of the Board, to render engineering services and advice to the Board. In the absence of the specific appointment of a Planning Board Engineer, the Township Engineer may assume the duties of the office.

PLANS COMMITTEE - All members of the Planning Board or Board of Adjustment meeting to review agenda items for the next public meeting of the Board.

PLAT - A map or maps of a subdivision or site plan.

POLITICAL SIGN - A sign which indicates the name, cause or affiliation of anyone seeking public office or which refers to an issue for which a public election is scheduled to be held.

PRELIMINARY APPROVAL - The conferral of certain rights pursuant to Sections 34, 36 and 37 of P.L. 1975, c. 291,17 prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

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, relationship to its site and immediate environs and exterior colors and finishes.

PREMISES - A lot or tract of land or any combination thereof held under single ownership or control.

PREVAILING FRONT SETBACK - The average setback of buildings within the same block frontage. In making this calculation, at least 15 percent of the buildings that are closest to the street line shall be eliminated from the basis for calculating the average, and up to 15 percent of the buildings that are farthest from the street line shall be eliminated from the basis as well. In the alternative, the calculation may be based on linear feet of frontage as a substitute for the number of buildings.

**Webmasters Note: The previous definition has been added as per Ordinance No. 4123-07.

PRIMARY OR PRINCIPAL USE - The primary or principal purpose for which a building, structure or lot is used.

PRINCIPAL ARTERIAL HIGHWAY - An existing or proposed street classified as a principal arterial highway on the Circulation Plan of the Dover Township Master Plan or a proposed street meeting the design standards for principal arterial highways in this chapter.

PROFESSIONAL OFFICE/PROFESSION - The office of a member of a recognized profession, which shall include but is not limited to the offices of doctors or physicians, dentists, but is not limited to the office of doctors or physicians, optometrists, ministers, architects, landscape architects, professional engineers, land surveyors, lawyers, artists, authors, attorneys, accountants and musicians. [Amended G-13-1990 by Ord. No. 2748-90]

PROHIBITED USE - That use which is not specifically allowed or permitted in a particular zone and for which the granting of a variance under N.7.S.A. 40:55D-70d would be necessary in order to provide that use in that particular zone.

PROJECTING SIGN - A sign other than a wall sign suspended from or attached to a building or wall in a manner which is other than parallel to the said building or wall, including a sign hung under a marquee or canopy.

PUBLIC AREAS

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 a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.

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

REAL ESTATE SIGN - A sign erected by the owner or his agent indicating that the property on which the sign is located is for rent, sale or lease.

RESIDENTIAL 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.

RESIDENTIAL DENSITY GROSS - The number of dwelling units per gross acre of residential land, including streets, easements and open space portions of a development. If this calculation results in a remaining fraction of a lot, the fraction shall be rounded to the nearest whole number. [Amended 8-9-1989 by Ord. No. 2670-89; 11-10-1992 by Ord. No. 2943-92]

RESIDENTIAL DENSITY NET - The number of dwelling units which may be or are developed per acre of land, exclusive of areas used for public access and/or open space and natural or nontidal bodies of water, tidal wetlands as defined by the New Jersey Wetlands Act of 197018 and freshwater wetlands as defined by the New Jersey Freshwater Wetlands Protection Act of 198719 or floodways as defined by Chapter 313, Flood Damage Protection, of the Code of the Township of Dover. If this calculation results in a remaining fraction of a lot, the fraction shall be rounded to the nearest whole number. [Amended 8-9-1989 by Ord. No. 2670-89]

RESIDENTIAL PROFESSIONAL OFFICE - The same as "home professional office."

RESTAURANT - Any establishment, however designated, at which food is sold for consumption on the premises, but normally to patrons seated within an enclosed building. However, a snack bar at a public or a community playground, playfield, park or swimming pool operated solely by the agency or group operating the recreational facilities and for the convenience of patrons of the facility shall not be deemed to be a restaurant.

RESTAURANT DRIVE-IN - An establishment where the majority of the patrons purchase food, soft drinks, ice cream and similar confections for takeout or consumption on the premises, but outside the confines of the principal building, or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.

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 by other instrument.

RETAINING WALL - A structure more than 18 inches high erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.

ROOF SIGN - A sign erected or constructed above the eaves, roofline or parapet line of any building.

ROOM - As applied to multifamily dwellings as may be permitted by this chapter, includes living rooms, dining rooms, kitchens and bedrooms. Kitchenettes, which do not include space for eating, and dining areas in which one full wall is open into a living room area shall be counted as room. Baths shall not count as rooms.

ROOMING HOUSE - The same as "boardinghouse."

SCREENING - Any concentration or grouping of trees or shrubbery as may be required by this chapter.

SECONDARY USE - The same as "accessory use."

SEDIMENTATION - 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.

SELF-STORAGE FACILITY - The same as "mini warehouse." [Added 7-8-1997 by Ord. No. 3271-97]

SERVICE ACCESS - That portion of any required yard area which is set aside for the sole purpose of access from the road adjoining the premises to the loading or unloading area on the premises to service the building erected or the use conducted thereon.

SETBACK - The horizontal distance between a building or structure and any front, side or rear lot line, measured perpendicular to such lot lines at the point where the building is closest to such lot lines (see § 348-5.4B). [Amended 12-9-2003 by Ord. No. 3843-03]

SETBACK LINE (BUILDING LINE) - The line beyond which a building shall not extend unless otherwise provided in this chapter.

SHELTERED CARE HOME - A building used, whether for profit or not, for the care of one or more aged or infirm persons who are residents therein (as "resident" is defined in N.J.S.A. 30:1 1A-1 et seq.), who are not members of the family therein residing.

SHINGLE - A small sign identifying a professional use. [Added 11-9-1994 by Ord. No. 3059-94]

SHOPPING CENTER - An integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants and auditoriums, housed in an enclosed building or buildings, utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities, and having a minimum total floor area of 20,000 square. feet.

SIDEWALK OR SANDWICH SIGN - A movable sign not secured or attached to the ground.

SIGN - A visual communication that is used for the purpose of bringing the subject thereof to the attention of others. The term does not include buildings themselves, traffic signs or other official messages displayed within the public right-of-way. "Signs" include letters, numbers, symbols, trademarks, illustrations or designs as they may appear on signs, billboards, banners, storefronts, marquees, canopies and other stationary visual media on or off the premises of the activity to which the message pertains. A sign may also be described as a street graphic.

SIGNABLE AREA - The area on the facade of a building, usually below the roofline, which is free of openings, such as doors or windows, and which may be used for a sign without disrupting major architectural details.

SIGN AREA - For purposes of this chapter and to calculate the amount of area utilized by proposed signs, individual letters or numbers pinned separately to a wall background shall be measured for their area by the sum of the area of the individual rectangles that enclose each letter. Otherwise, the area of a sign shall be the entire face of a box, wall or projecting sign. The total area of the rectangle which encloses the message of a ground sign shall be counted, including all ornamentation, embellishments and symbols, but excluding the supporting structure which does not form part of the sign proper or of the display. The area of a double or multifaced sign shall be the area of the largest vertical plane within the outline of the sign as seen from any one vantage point on a public right-of-way.

SITE - Any plot, parcel, piece or tract of land. [Added 8-23-1983 by Ord. No. 2195-83]

SITE PLAN - A development plan of one or more lots on which is shown:

A. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.

B. 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.

C. Any other information that may be reasonably required in order to make an informed determination pursuant to the provisions of this chapter requiring review and approval of site plans by the Planning Board adopted pursuant to P.L. 1975, c. 291.

SKETCH PLAT - A map of a subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification and, further, meeting the requirements set forth herein for sketch plats.

SNIPE SIGN - A sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees or other natural features, poles, stakes or fences or to other objects with the message appearing thereon not applicable to the present use of the premises or structures upon which such sign is located.

SPECIAL CONSULTANT - Individuals or firms hired by the Planning Board or Board of Adjustment to review applications regarding traffic, environmental or land use planning issues. [Added 9-12-2000 by Ord. No. 3551-00]

STANDARDS OF PERFORMANCE - Standards:

A. Adopted by ordinance pursuant to Section 52d of P.L. 1975, c. 291,22 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

B. Required by applicable federal or state laws or municipal ordinances.

STORY - That portion of a building included between the surface of any floor and the surface of that floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. No story shall be deemed to be a first story if its floor level is more than six feet above the level from which the height of the building is measured. A mezzanine floor shall be counted as a story if it covers over the area of the floor next below it. For the purpose of this chapter, a bi-level or split-level dwelling shall be considered a one-story structure.

STORY HALF - That portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half story. A basement shall also be included as a half story.

STREET - Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action, or a street or way on a plat filed and recorded in the office of the county recording offcer prior to the formation 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, sidewalks, parking areas and other areas within the street lines.

STREET LINE - That line determining the limit of the highway rights of the public, either existing or contemplated.

STRUCTURAL ALTERATIONS - The same as "alterations."

STRUCTURE - Anything constructed, assembled or erected, the use of which required the location on the ground or attachment to something having location on or in the ground, and shall include tanks, towers, advertising signs or devices, bins, tents, lunch wagons, trailers, dining cars, camp cars or similar structures on wheels, or other supports, used for business or living purposes. The word "structure" shall not apply to service utilities entirely below ground or pavements, curbs, sidewalks, patios or gasoline fuel pumps. [Amended 9-14-1)82 by Ord. No. 2116]

SUBDIVIDER - Any person or entity commencing proceedings under this chapter to effect the subdivision of land hereunder.

SUBDIVISION - 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 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 intestate provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; conveyances so as to combine existing lots by deed or other 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 also include the term "resubdivision." [Amended 3-11-1980 by Ord. No. 1909]

SUBDIVISION SIGN - A sign designating and identifying a subdivision or housing development.

SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

SUPER GRAPHIC - The application of paint, acrylic or other material directly onto a permanent wall in such a manner as to create an aesthetic design.

SWIMMING POOL COMMERCIAL - A swimming pool that is operated for profit and open to the public or to a limited number of members and their guests, upon payment of an hourly, daily, weekly, monthly, annual or other fee or operated as a service rendered by a hotel, motel or apartment development whose units are rented to transient or permanent residents.

SWIMMING POOL, PRIVATE - A swimming pool located on a single-family lot with a residence on it and used as an accessory to the residence, and said pool is utilized with no admission charges and not for the purpose of profit.

SWIMMING POOL PUBLIC - The same as "swimming pool, commercial."

TEMPORARY SIGNS - One which indicates a special event or transient feature lasting 30 days or less, which sign is displayed for 35 days or less.

THEATER - A structure designed and used for the presentation of motion pictures or stage entertainment.

TIME AND TEMPERATURE SIGNS - A sign which indicates actual time and/or current temperature.

TRAILER COURT - The same as "mobile home park."

TRANSCRIPT - A typed or printed verbatim record of the proceedings or reproduction thereof. [Added 3-11-1980 by Ord. No. 1909]

TRUCK TERMINAL - A location at which trucks are parked or privately serviced, which trucks transport goods or materials not produced, received for sale, warehoused or used in manufacturing at that location.

USE - The specific purpose for which a parcel of land or a building or a 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.

USED AND NEW CAR LOT - An open area used primarily for the storage and sale of operative new or used motor vehicles.

VARIANCE - Permission to depart from the literal requirements of a zoning ordinance pursuant to Section 47 and Sections 29.26, 57c and 57d of P.L. 1975, c. 291.13 Those sections, paragraphs and/or subsections within Article V, entitled "General Standards," and Article VIII, entitled "Design Standards and Improvement Specifications," identified by an asterisk are considered to be variances pursuant to the above sections. [Amended 9-25-1991 by Ord. No. 2859-91]

VETERINARY CLINIC OR HOSPITAL - See "animal care facility."

WALL SIGN - A sign attached to, painted on or erected against a wall or flat vertical surface of a structure which extends not more than 12 inches from the face of the structure.

WIND DEVICE - Any streamer, propeller, pennant or similar device that is activated by the wind.

WINDOW SIGN - A sign affixed to a window or visible through that window from the exterior.

YARD - An open unoccupied space on the same lot with a building and unobstructed from the ground to the sky.

YARD FRONT - A yard extending the full width of the lot and not less in depth than the minimum distance required between the street line and the front yard building setback in each district.

YARD REAR - A yard extending the full width of the lot between the extreme rear line of the principal building and the rear lot line.

YARD SIDE - A yard between the principal building or attached structure and the adjacent side line of the lot and extending from the front yard to the rear yard.

ZONING PERMIT - The same as "development permit." [Added 12-9-2003 by Ord. No. 3843-03]