Andover City Zoning Code
ARTICLE XIII
Parking, Off-Street Loading, Landscaping, Fences and Walls
§ 134-59 General provisions.
§ 134-60 R-1 Residential Zone.
[Amended 6-9-1986 by Ord. No. 224]
In the R-1 Residential Zone, there shall be provided at least two spaces for each dwelling unit hereafter erected, in addition to garage spaces, if any.
§ 134-61 R-2 Residential Zone.
In the R-2 Residential Zone, there shall be provided at least two spaces, one of which may be a garage, for each dwelling unit hereafter erected.
§ 134-62 Nonresidential uses and zones.
[Amended 6-9-1986 by Ord. No. 224]
A.
Nonresidential uses in the R-1 and R-2 Residential Zones and in all other nonresidential zones shall provide the number of spaces required as follows:
Use | Required Parking Spaces |
|---|---|
Churches, auditoriums, theaters, including school auditoriums [Amended 4-12-1993 by Ord. No. 302] | 1 for each 2 seats |
Assembly halls, dance halls, community buildings, social clubs, institutions | 1 for each 100 square feet of floor area |
Hotels, motels | 1 for each sleeping room |
Hospitals, nursing homes, medical institutions | 1 for each 2 beds |
Funeral homes, mortuaries | 10 for each slumber room |
Retail stores or service establishments | 1 for each 200 square feet of floor area |
Apartment units in business | 2 for each dwelling unit structure |
Restaurants [Amended 8-13-1990 by Ord. No. 281] | 1 for every 2.5 seats, plus an additional 5 for takeout |
Shopping centers [Added 8-13-1990 by Ord. No. 281] | 1 for every 250 square feet of gross building area |
Banks, business, professional and executive offices | 1 for each 200 square feet of floor area |
Medical clinics or offices and dental clinics | 5 for each doctor, plus 1 for each employee, but not less than 1 for each 200 square feet of floor area |
Individual dental offices | 1 for each doctor, plus 1 for each employee, plus 2 for each dental chair, but not less than 1 for each 200 square feet of floor area |
Furniture and appliance stores, motor vehicle sales, wholesale stores, building material stores and similar hard good sales | 1 for each 300 square feet of floor area |
Manufacturing plant, research laboratory, industry, warehouse storage building | 1 for each 2 employees in a maximum shift but not less than 1 for each 500 square feet of floor area |
B.
Any building containing more than one use shall meet the combined parking space requirements for all uses in the building. Any change in use within a building shall be required to meet the minimum parking requirements for the new use.
C.
If it can be clearly demonstrated that because of the peculiar nature of any use all of the required parking is not necessary, the Planning Board may permit a reduction in the amount of parking area to be paved; provided, however, that the entire required parking area shall be shown on the site plan so that it will be available in the event that future conditions should so require.
D.
Alternative off-street parking standards to those shown in this section shall be accepted if the applicant demonstrates that these standards better reflect local conditions.
[Added 8-13-1990 by Ord. No. 281]
E.
When the required number of parking spaces calculated as provided in the previous subsection results in a fraction of a space, any fraction under 1/2 may be disregarded, and any fraction 1/2 or over shall be construed as requiring one full space.
[Added 8-13-1990 by Ord. No. 281]
F.
All parking spaces designed to serve any given building shall lie within 250 feet of said building.
[Added 12-10-1990 by Ord. No. 286]
§ 134-63 Off-street loading areas.
A.
In all zones, for every building or use requiring the receipt and/or distribution in vehicles, materials or merchandise, there shall be provided on the same property with building or use, in addition to parking spaces, off-street loading spaces in relation to the floor area as follows:
Floor Area (square feet) | Number of Spaces |
|---|---|
10,000 or less | 1 |
10,000 to 20,000 | 2 |
20,000 to 50,000 | 3 |
50,000 to 100,000 | 4 |
Each additional 100,000 or part thereof | 1 |
B.
Each loading space shall be at least 12 feet in width, 30 feet in length and have a fourteen-foot clearance above grade, except that in no case shall an off-street loading space be in a front yard or side yard adjoining a street.
[Amended 8-13-1990 by Ord. No. 281]
§ 134-64 Nonresidential parking and loading areas.
All nonresidential parking and loading areas shall meet the following requirements:
A.
All parking areas shall be paved with bituminous concrete two inches thick after compaction, on a stable base four inches thick after compaction and approved by the Borough Engineer.
B.
All parking and loading areas shall be graded and equipped with adequate drainage facilities as approved by the Borough Engineer.
C.
All parking and loading spaces shall be appropriately marked with painted lines.
D.
Any lighting in connection with off-street parking shall be so arranged and shielded as to reflect the light down and away from adjoining streets or properties. A parking area shall be illuminated if used after sunset, and such illumination shall provide no less than 0.5 nor more than four lumens per square foot throughout the area.
[Amended 8-13-1990 by Ord. No. 281]
E.
All parking areas shall provide for adequate ingress and egress and safe and convenient traffic circulation. Access drives and aisles shall be of sufficient width to permit safe access to parking spaces and safe traffic movement.
F.
The off-street parking area shall be effectively screened on any side which adjoins or faces residential premises or a residential zone by a fence or wall not less than four, nor more than six feet in height, maintained in good condition: provided, however, that a screening or hedge or other natural landscaping may be substituted for the required fence or wall if approved by the Planning Board. The fence as required by this section may be waived by the Planning Board, if, in the Board's judgment because of topographic or other unusual conditions, said fence is not necessary to screen adjoining residential property.
[Amended 12-28-1989 by Ord. No. 267]
G.
Off-street parking as required for any use shall be provided on the same lot with said use.
H.
Off-street parking areas shall be used solely for the parking of passenger automobiles and no commercial repair work or service of any kind shall be conducted on the parking lot nor shall such lots be used for the parking of disabled, dismantled, unoperable or unregistered vehicles.
I.
No signs other than entrance, exit or stop signs shall be maintained.
J.
Parking areas shall be enclosed by concrete curbing, six inches above the paved surface and located at least five feet from any property line or nearest structural wall of a building, except that in the commercial zone parking areas may be constructed up to the property line which abuts a parking area on property in the commercial zone and further provided that proper access and circulation between the two parking areas is provided.
K.
Access.
(1)
All parking areas shall be designed with service aisles to meet the following standards:
Angle of Parking (degrees) | Aisle Width (feet) |
|---|---|
Parallel | 12 |
30° | 12 |
45° | 13 |
60° | 18 |
90° | 24 |
(2)
In addition, there shall be a minimum distance between parallel parking spaces of six feet, when found necessary to provide convenient access.
(3)
Only one-way traffic circulation shall be permitted in twelve-, fourteen-, and eighteen-foot aisle widths.
[Added 8-13-1990 by Ord. No. 281]
L.
All portions of the property not used for off-street parking shall be attractively landscaped with grass lawns, trees and shrubs, as approved by the Planning Board.
M.
All off-street parking areas shall be subject to the approval of the Planning Board to ensure their adequacy, relation to traffic safety and protection of the adjacent properties.
O.
Size of spaces. Each off-street parking space shall measure nine feet in width by 18 feet in length. Parking spaces for the physically handicapped shall be 12 feet wide. Where sidewalks are provided in parking areas, parked vehicles shall not overhang or extend over the sidewalk unless an additional two feet of sidewalk width is provided to accommodate such overhang.
[Added 8-13-1990 by Ord. No. 281]
P.
Off-street parking areas shall be oriented to and within a reasonable walking distance of the buildings they are designed to serve [a maximum of 1,000 feet for employee parking; 500 to 800 feet for shoppers; 250 feet for nonelderly residents; 150 feet for elderly residents; 300 feet for guests.]
[Added 8-13-1990 by Ord. No. 281]
Q.
Access to loading and parking spaces shall be by interior driveways and be designed for vehicle access without requiring the moving of any other vehicle. Spaces shall not have direct access from public streets or major interior drives and roads.
[Added 8-13-1990 by Ord. No. 281]
R.
Maximum grade permitted in parking areas shall be 4%.
[Added 8-13-1990 by Ord. No. 281]
§ 134-64.1 Access driveways.
[Added 8-13-1990 by Ord. No. 281]
A.
Where two or more units are proposed in a commercial development, individual access shall be permitted to a service road only. Said road shall be constructed as an integral part of proposed development. It is expressly the intent of this provision to minimize points of access onto arterial roads.
B.
Each access drive shall be a minimum of 24 feet in width for two-way traffic and 12 feet in width for one-way traffic. Construction standards shall meet normal Borough requirements for cross section.
§ 134-64.2 Landscaping and buffering in nonresidential zones.
[Added 8-13-1990 by Ord. No. 281]
A.
Design standards, landscaping.
(1)
Purpose.
(a)
Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site and creating a pleasing site character.
(b)
Landscaping may include plant materials such as trees, shrubs, ground cover, perennials and annuals and other materials, such as rocks, water, sculpture, art, walls, fences, berms and other building and paving materials.
B.
Landscape plan.
(1)
A landscape plan shall be submitted with each site plan application, unless waived by the Board. The plan shall identify existing and proposed trees, shrubs, ground cover, natural features such as rock outcroppings and other landscaping elements. The plan should show where these elements are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, the applicant shall include in the plans proposed methods to protect existing trees and other vegetative growth during and after construction.
(2)
Plan requirements. All landscape plans shall contain the following data:
(a)
The location of all plant materials, walls, planters, etc.
(b)
Symbols identifying proposed species.
(c)
The scientific and common name of all trees, shrubs and ground cover proposed to be installed.
(d)
The quantity of each species.
(e)
The size and spacing of each species at initial planting, either by caliper or width or height.
(f)
Planting notes for installing all plant material.
(g)
The type of fencing, construction materials, such as railroad ties and mulching proposed.
(h)
The proposed grass seed mixture and rate of application.
(i)
A tree and shrub planting detail.
C.
Site protection and general planting requirements.
(1)
Topsoil preservation. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.
(2)
Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to approval of the Municipal Engineer, be used as mulch in landscaped areas. A developer shall be exempt from these provisions, however, and shall be permitted to dispose of site-generated new construction wastes on-site as long as the conditions set forth in N.J.A.C. 7:26-1.7 are met.
(3)
Protection of existing plantings. Maximum effort should be made to save important specimens, because of size or relative rarity.
(a)
No material or temporary soil deposits shall be placed within six feet of shrubs or 10 feet of trees designated to be retained on the preliminary and/or final plat.
(b)
Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. They shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.
(c)
The grade of the land within 10 feet of any such tree shall not be raised or lowered more than 12 inches.
(d)
No construction equipment is to be driven within six feet of such trees.
(e)
All such trees shall be pruned to remove dead and diseased limbs and to promote new growth.
(4)
Slope plantings. Landscaping of the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with ground covers appropriate for the purpose, taking into account soil conditions, water availability and other related environmental factors.
(5)
Additional landscaping. In residential developments, in addition to the screening and street trees required, additional planting or landscaping elements shall be required throughout the subdivision where necessary for climate control, privacy or for aesthetic reasons in accordance with a planting plan approved by the Planning Board and taking into consideration cost constraints. In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs and trees as part of a site plan approved by the Planning Board.
(6)
Planting specifications. Deciduous trees shall have at least a 2 1/2 inches caliper, not less than 15 feet in height at planting, and evergreens shall be at least five feet tall. Shrubs shall be at least two feet tall at planting. All trees shall be balled and burlapped. Only nursery-growth plant materials shall be acceptable, and all trees, shrubs and ground covers shall be planted according to accepted horticultural standards. Dead or dying plants shall be replaced by the developer during the following planting season.
(7)
Plant species. The plant species selected should be hardy for this particular climatic zone and be appropriate in terms of function and size. Consideration will be given to the height and width of plant material at maturity to prevent crowding and shading as the plants grow.
D.
Street trees.
(1)
Location.
(a)
Street trees shall be installed on both sides of all streets in accordance with the approved landscape plan. Trees shall either be massed at critical points or spaced evenly along the street or both.
(b)
When trees are planted at predetermined intervals along streets, spacing shall depend on tree size as follows:
Tree Size (feet) | Planting Interval (feet) |
|---|---|
Large trees: 40 plus | 50 to 70 |
Medium-sized trees: 30 to 40 | 40 to 50 |
Small trees: to 30 | 30 to 40 |
(c)
When the spacing interval exceeds 40 feet, small ornamental trees can be spaced between the larger trees. If a street canopy effect is desired, trees may be planted closer together, following the recommendations of a certified landscape architect. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight easements or streetlights. The tree location, landscaping design and spacing plan shall be approved by the Planning Board as part of the landscape plan.
(2)
Tree type. Tree type may vary depending on the overall effect desired, but as a general rule, all trees shall be the same kind on a street except to achieve special effects. Selection of tree type shall be approved by the Planning Board.
(3)
Planting specifications. All trees shall be of substantially uniform size and shape and have straight trunks. Trees shall be properly planted and staked, and provision shall be made by the applicant for regular watering and maintenance until they are established.
E.
Buffering.
(1)
Function and materials. Buffering shall provide a year-round visual screen in order to minimize adverse impacts from a site on an adjacent property or from adjacent areas. It may consist of fencing, evergreens, berms, rocks, boulders, mounds or combinations thereof to achieve the stated objectives.
(2)
The required width of buffer areas shall be determined based on the intensity of the use proposed, the extent of the area to be protected and the existing physical characteristics of the site in question.
(3)
When required. Buffering shall be required when topographic or other barriers do not provide reasonable screening and when the Planning Board determines that there is a need to shield the site from adjacent properties and to minimize adverse impacts, such as incompatible land uses, noise, glare and traffic. In small-lot developments, when building design and siting do not provide privacy, the Planning Board may require landscaping, fences or walls to ensure privacy and to screen dwelling units. When required, buffers shall be measured from side and rear property lines, excluding access driveways.
(a)
Where more intensive land uses abut less intensive uses, a buffer strip 25 feet in width, but not to exceed 10% of the lot area, shall be required.
(b)
Parking areas, garbage collection and utility areas and loading and unloading areas should be screened around their perimeter by a buffer strip of a minimum of five feet wide.
(c)
Where a residential subdivision abuts a higher-order street (collector and arterial), adjacent lots should front on lower-order streets and a landscaped buffer area provided along the property line abutting the road. The buffer strip shall be a minimum of 35 feet in width but not to exceed 10% of the lot area, or wider where necessary for the health and safety of the residents, and include both trees and shrubs.
(4)
Design, Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine or broken rows. If planted berms are used, the minimum top width shall be four feet, and the maximum side slope shall be two to one.
(5)
Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a screen at least eight feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticultural standards.
(6)
Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of materials or parking shall be permitted within the buffer area; buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.
F.
Parking lot landscaping.
(1)
Within all nonresidential zones and in connection with all nonresidential uses, in every parking area of 10,000 square feet or more, provision shall be made for one shade tree of three inches caliper or greater for each 1,000 square feet of parking area. Such tree shall be situated within a planting area of not less than 100 square feet. For the purposes of this section, a parking area will be considered one continuous area unless separated by a building or landscaped area at least 50 feet in width. These planting areas shall be in the form of an island within the parking area. Landscaping along the perimeter of the parking area shall not be included in this calculation.
(2)
In every nonresidential parking area under 10,000 square feet, there shall be one shade tree for every eight parking spaces, or at least 5% of the interior parking area shall be landscaped with plantings.
(3)
Parking lot street frontage screening and perimeter screening shall be a minimum of five feet wide. Planting required within the parking lot is exclusive of other planting requirements, for example, street trees.
(4)
Location. The landscaping should be located in protected areas, such as along walkways, in center islands, at the end of bays or in diamonds between parking stalls. All landscaping in parking areas and on the street frontage shall be placed so that it will not obstruct sight distance.
(5)
Plant type. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be planted. The area between trees shall be planted with shrubs or ground cover or covered with mulch.
G.
Paving materials and walls and fences.
(1)
Paving materials. Design and choice of paving materials used in pedestrian areas shall consider the following factors: cost, maintenance, use, climate, characteristics of users, appearance, availability, glare, heat, drainage, noise, compatibility with surroundings, decorative quality and aesthetic appeal. Acceptable materials shall include, but are not limited to, concrete, brick, cement pavers, asphalt and stone.
(2)
Walls and fences shall be erected where required for privacy, screening, separation, security or to serve other necessary functions.
H.
Street furniture.
(1)
Street furniture, such as but not limited to trash receptacles, benches, phone booths, etc., shall be located and sized in accordance with their functional need.
(2)
Street furniture elements shall be compatible in form, material and finish. Style shall be coordinated with that of the existing or proposed site architecture.
(3)
Selection of street furniture shall consider durability, maintenance and long-term cost.
§ 134-64.3 Fences and walls.
[Added 12-27-2004 by Ord. No. 361]
A.
General provisions related to fences and retaining walls.
(1)
No fence or wall shall be constructed on any lot except according to the provisions of this section and the Borough Building Code.
(2)
A building permit shall be required for any fence or retaining wall or bulkhead in excess of 48 inches in height.
(3)
No retaining wall or fence shall be erected in any location or any such height so as to impair motor vehicle sight distance and affect safe motor vehicle ingress and egress from any lot or street.
(4)
A building permit along with a drawing showing the location of the proposed fence shall be submitted prior to any installation. The permit is filed with the Construction Code enforcing agency of the Borough. The permit shall be accompanied by payment of the fee hereby established by the Borough Council of the Borough of Andover to be $20. The permit is valid for a period of one year from the time of issuance.
(5)
The Construction Official determines whether any fence violates the terms of this chapter. If upon inspection he finds a violation, he shall notify the owner or occupant of the premises upon which the fence is located, in writing, of his finding and the reason for such findings. He shall order such fence or portion of such fence repaired or removed within 10 days of the receipt of such notice. The notice may be delivered in person or by certified mail.
(6)
This section shall not apply to "trellis," provided that the same are located within the subject property and are located a minimum of 10 feet from any property line bordering on a right-of-way.
B.
Fences.
(1)
No fence shall be erected within five feet of a street right-of-way.
(2)
No fence may be placed up to one foot from side or near property line. This rule applies to all portions of a fence, including posts, concrete and fence face.
(3)
Fences erected in a front yard shall not be more than four feet in height and shall not be more than 50% solid.
(4)
Fences erected in the side or rear yards shall not exceed six feet six inches in height alone or in combination with a retaining wall or berm.
(5)
For commercial or industrial property the maximum fence height shall be eight feet.
(6)
All fences, when constructed, shall be placed such that the "good side" faces adjoining properties and/or areas exposed to public view. All fences are to be maintained and kept in good repair and condition.
(7)
The foregoing limitations shall not apply to fences used in connection with agricultural uses, provided the same do not obstruct vision for purposes of traffic safety.
(8)
No sharp or dangerous protrusions such as barbed or razor wire shall be placed on any fence.
C.
Retaining walls. Retaining walls may be constructed in accordance with the following requirements:
(1)
No retaining wall shall be erected within five feet of a street right-of-way line or two feet of side or rear property lines.
(2)
No retaining walls shall be permitted to incorporate glass or spikes.
(3)
All retaining walls shall be positively drained by providing sufficient underdrain installation. Surface drainage shall not be permitted to flow directly against the face of the wall.
(4)
Any retaining wall in excess of 36 inches shall include at its top a barrier to prevent anyone from falling off of same.
(5)
A retaining wall whose primary purpose is to bring the level of the property up to that of the roadway may be permitted to be constructed within a road right-of-way upon application to and approval by the Mayor and Council. The design and construction of any such wall shall be subject to the approval of the Borough Engineer, the engineering costs to be borne by the property owner. The top of the retaining wall shall be no higher than the road grade or pavement. No approval under this section shall be construed as granting any rights to utilize the public right-of-way for any purpose other than access to the adjoining property.
D.
Special provisions for railroad tie retaining walls.
(1)
A building permit shall be required for all tie walls in excess of 36 inches in height. See attached construction details.
(2)
Railroad tie retaining walls may be constructed to a maximum height of 64 inches above grade. If a railroad tie retaining wall exceeds 64 inches, the wall shall be designed as a closed face timber curb retaining wall with a maximum height of 12 feet and shall be designed by a professional engineer or architect.
(3)
Railroad tie retaining walls shall conform to the requirements of the Borough Building Code.
(4)
Railroad tie retaining walls shall conform to the following minimum requirements:
(a)
Tiebacks shall be a minimum length of seven feet and shall be provided with a four-foot-minimum length deadmen.
(b)
Tiebacks shall be installed on alternate courses at 16 feet on center and shall be offset horizontally eight feet from the tieback below.
(c)
The face of the wall shall have a minimum batter of two inches per foot.
(d)
The bottom course of the tie wall shall be set in an eight-inch sand bed and shall be pinned to firm ground with two one-half-inch diameter steel rods per bottom tie. The rods shall have a minimum length of 30 inches. The top of the bottom course tie shall be set at the finished grade at the bottom of the wall.
(e)
All ties shall be spiked with four drift pins per tie and shall be of sufficient length to penetrate two members and four inches into the third member.
(f)
All cuts or bored holes should but are not required to be coated with two coats of a wood preservative, to treat the timber.
E.
Notwithstanding the foregoing, a property owner may apply for a variance from the provisions of this section in accordance with and subject to satisfying the requirements of N.J.S.A. 40:55D-70(c).