Andover City Zoning Code
ARTICLE XIV
Conditional Uses
§ 134-65 Service stations. [1]
A.
There may be permitted in the C-1 Commercial Zone, upon approval of the Zoning Board of Adjustment, automotive service stations. The application shall be made in accordance with § 134-7.
B.
A sketch plat shall be required, showing the location of the portion to be used for the automotive service station, if the whole tract is not being used, the location of existing structures, if any, and the general outlines of wooded area, the location of any streams or any bodies of water on the property tract, and within 200 feet of the tract, and all streets or road abutting, running through or within 200 feet of the tract.
C.
A preliminary building plan shall be required, showing floor plans and building elevations, which shall be prepared in accordance with the requirements of the Uniform Construction Codes.
[Amended 6-9-1986 by Ord. No. 224]
E.
The Zoning Board of Adjustment shall then forward the application to the Planning Board in accordance with § 134-8.
F.
Within 45 days of the receipt of the application and site plan as hereinabove provided, the Planning Board shall either approve the application and plans as submitted or shall return the same to the owner or builder, indicating why said application has been disapproved. This time period may be extended by mutual consent between the Planning Board and the applicant. If the applicant is approved, the Planning Board shall, by letter, advise the Zoning Board of Adjustment of its approval and shall return the application and maps forwarded to it by the Zoning Board of Adjustment, with its approval noted thereon, as in the case of approval of a major subdivision. The Zoning Board of Adjustment shall then hear the application in accordance with § 134-7C, Procedure.
G.
No building permit shall be issued for the erection of automotive service stations until applicant has met the following specifications and restrictions and has obtained approval from the Zoning Board of Adjustment:
(1)
A lot or parcel of land shall have at least 200 feet of frontage and an average depth of 150 feet.
(2)
The walls of any building shall be at least 25 feet from every adjoining property line and at least 70 feet from a street right-of-way line.
(3)
The driveway or driveways shall be 30 feet wide with a three-foot radius at the curbline. There shall be a twenty-five-foot safety zone minimum between driveways. Driveways shall be at least 10 feet from the adjoining property line and at least 20 feet from the corner of intersecting right-of-way lines.
(4)
Every gasoline or oil tank, pump, lift, filling, greasing or other device, appliance or apparatus is located at least 25 feet from any right-of-way line and at least five feet from the side and rear lines of the premises.
(5)
Floor drains shall not be connected to any public sanitary sewer system.
(6)
The lot or parcel of land shall be at least 1,000 feet distant from any other lot or parcel of land used as a service station.
[1]
Editor's Note: Former § 1 of this article, Multiple-family dwellings, which immediately preceded this section, was repealed 9-11-1978.
§ 134-66 Public, institutional and recreational uses.
[Amended 9-11-1978; 6-9-1986 by Ord. No. 224; 4-12-1993 by Ord. No. 302]
C.
A site plan in accordance with Ch. 109, Site Plan Review, of the Code of the Borough of Andover shall be submitted. The site plan should be consistent with Ch. 134, Zoning, except in those cases where application is being made to the Zoning Board of Adjustment for a variance from the terms and provisions of said Ch. 134, Zoning.
§ 134-66.1 Conversion of single-family dwellings into two apartments.
[Amended 10-14-1986 by Ord. No. 232]
There may be permitted the conversion of single-family dwellings into two apartments in the R-2 Zone, subject to the following requirements:
A.
The principal apartment shall have a minimum floor area of 750 square feet; the other apartment shall have a minimum floor area of 500 square feet.
B.
Separate kitchen facilities and toilet facilities shall be provided for each apartment.
C.
Each apartment shall be arranged so that it is a separate unit having either separate exit facilities or a separate door capable of being locked, leading to a common hall, so that there is no access from one apartment directly to the other. Each apartment shall accommodate one family only.
D.
No dwelling shall be so converted unless, in connection therewith, it is placed in a reasonable state of repair and modernization, meeting the Building and Housing Codes of the Borough.
E.
There shall be a lot area of at least 5,000 square feet for each family to be accommodated thereon.
F.
Adequate off-street parking shall be provided.
G.
Any conversion shall not impair the character of the neighborhood. Any exterior alterations shall be in keeping with the existing architecture of the structure, and the appearance of the converted dwelling shall maintain that of a single-family residence.
H.
Any additional paved areas on a lot as a result of the conversion shall be adequately drained and properly landscaped so as not to create a nuisance to adjoining lot owners.
I.
In order to provide the opportunity to create low- and moderate-income housing, any two units within the R-2 Zone may be converted so as to provide two low- or moderate-income units, irrespective of lot area.
§ 134-66.2 Retail outlets in C-3 and IP Zones.
[Added 6-11-1990 by Ord. No. 275]
A light manufacturing or assembly business may provide an additional service to the public by making the product available at retail; such services may be offered under the following conditions:
A.
Not more than 20% of the floor area of the principal building shall be dedicated to such use.
B.
All parking requirements, lighting and vehicular and pedestrian safety requirements otherwise required for retail businesses shall be met.
C.
During retail sales periods there shall be no manufacturing of the product on the premises. Delivery of materials for assembly shall be minimized.
D.
All sign requirements for the zone shall be met.
E.
This use shall remain ancillary to the principal use and shall not be expanded either through additional floor area or through the import of a preassembled product so as to constitute more than 30% of total sales.
§ 134-66.3 Drive-through restaurants.
[Added 12-10-1990 by Ord. No. 286]
Drive-through restaurants, such as Burger King and McDonalds, shall be permitted subject to the following conditions:
A.
The building shall be designed in an architectural style similar to the architectural style of the shopping center in which the restaurant is located.
B.
Drive-through traffic flows shall be routed in such a manner as to avoid any adverse impact on traffic flows in the shopping center.
C.
Unless signage permitted on the building is not visible from Route 206, no freestanding signs, other than the shopping center identification sign, shall be permitted.
D.
All parking serving the facility shall be within 75 feet of the structure.
E.
Curbed islands delineating all parking areas shall be provided with substantial landscaping.
F.
Where two or more such restaurants are proposed in a given shopping center, they shall be located in such a manner as to permit common parking and common drivethrough access.
G.
Site design shall emphasize well-defined customer parking, pedestrian walkways, drive-through lanes, employee parking, stacking and such other circulation concerns deemed necessary by the Board to properly safeguard the health, safety and welfare of the public.
H.
Fast-food restaurants shall be permitted only in the C-3 Zone.
§ 134-66.4 Cannabis.
[Added 7-12-2021 by Ord. No. 2021-2; amended 3-14-2022 by Ord. No. 2022-3; 5-9-2022 by Ord. No. 2022-8]
A. CANNABIS CULTIVATOR CANNABIS DELIVERY SERVICE CANNABIS DISTRIBUTION CANNABIS DISTRIBUTOR CANNABIS ESTABLISHMENT CANNABIS MANUFACTURER CANNABIS RETAILER CANNABIS WHOLESALER LICENSE(1) (2) WHOLESALE TRADE
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 Cannabis Cultivator license.
Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which, after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer. This person or entity shall hold a Class 6 Cannabis Delivery license.
The transportation of cannabis items to and from licensed cannabis establishments, or home delivery of cannabis items related supplies to a retail consumer.
Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 Cannabis Distributor license.
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 Cannabis Manufacturer license.
Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 Cannabis Retailer license.
Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This person or entity shall hold a Class 3 Cannabis Wholesaler license.
A license issued under relevant state law including a license that is designated as any of the following:
The term includes a conditional license for a designated class, except when the context of the provisions of relevant state law otherwise intend to only apply for a license and not a conditional license.[1]
Establishments or places of business primarily engaged in selling merchandise to other businesses, including retailers, industrial, commercial, institutional, or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
[1]
Editor's Note: The former definition of "manufactured," which immediately followed this definition, was repealed 2-13-2023 by Ord. No. 2023-1.
B.
Cannabis wholesalers and distributors permitted. Cannabis Class 3 (wholesalers) and Class 4 (distributors) shall be permitted in the C-1 Commercial Zone, the C-3 Commercial and Limited Industrial Zone and the IP Industrial Park Zone subject to, in additional to all other applicable zoning restrictions and conditions, the following:
(1)
Eligible locations. Facilities shall be at least 50 feet from any residential zone, 50 feet from any parks or trails and 100 feet from any schools.
(2)
Setback. The minimum front yard setback is 50 feet.
(3)
Buildings. All facilities shall be enclosed in heated/air-conditioned buildings, not in greenhouses, hoop houses or outdoors.
(4)
Odor control. The facility shall provide an air treatment system with sufficient odor-absorbing ventilation and exhaust systems such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity at the property line of the subject property. Odor from the facility shall be monitored on an annual basis at the discretion of the Borough by a licensed, qualified contractor chosen by the Borough at a cost that should be paid for by the property owner.
(5)
Signage. Signs shall be limited to the address, name of the company and emergency contact information located on one ground sign not to exceed 24 square feet.
(6)
Site plan approval. Site plan approval is required as per § 109-3 of the Borough Code. The applicant shall submit, including but not limited to, the following: a safety and security plan, emergency services access plan, hazardous materials inventory, environmental impact statement and waste control plan.
(7)
State license. The facility must have a valid license to operate from the State of New Jersey.
(8)
Any cannabis facility is subject to compliance with all state laws, regulations and guidelines with respect to cannabis licenses issued by the State of NJ.
C.
Retailers permitted. Cannabis Class 5 (retailers) shall be permitted in the C-1 Commercial Zone, subject to, in additional to all other applicable zoning restrictions and conditions, the following:
(1)
The provisions set forth in Subsection B of § 134-66.4 of the Borough Code at Subsection B(1) through (8) inclusive shall also apply to cannabis retailers. A cannabis retailer whose retail store is located within the C-1 Commercial Zone shall be permitted to use a cannabis delivery service or a certified cannabis handler who is in compliance with N.J.S.A. 24:6I-44, N.J.A.C. 17:30-12.8 and applicable law for off-premises delivery of cannabis items and related supplies to consumers inside and outside the C-1 Commercial Zone. The cannabis retailer shall accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to the consumer(s).
(2)
Number of licenses. No more than two cannabis retailers shall be permitted to operate within the Borough of Andover at any time.
(3)
Hours of operation. Cannabis retailers must close by 9:00 p.m. and cannot open before 9:00 a.m.
D.
Manufacturers permitted. Cannabis Class 2 (manufacturers) shall only be permitted in the IP Industrial Park Zone and shall be subject to the following:
[Amended 2-13-2023 by Ord. No. 2023-1]
(1)
Only pre-manufactured cannabis product may be used by the manufacturer in combination with non-cannabis products and/or ingredients. The pre-manufactured cannabis product used by the manufacturer must be received by the manufacturer from another cannabis manufacturer or from another manufacturing facility of the manufacturer.
(2)
The manufacturer may package and label the final cannabis product if and as permitted by law.
(3)
In addition, the following zoning restrictions and conditions shall apply:
(a)
Eligible locations. Facilities shall be at least 50 feet from any residential zone, 50 feet from any parks or trails and 100 feet from any schools.
(b)
Setback. The minimum front yard setback is 50 feet.
(c)
Buildings. All facilities shall be enclosed in heated/air-conditioned buildings, not in greenhouses, hoop houses or outdoors.
(d)
Odor control. The facility shall provide an air treatment system with sufficient odor-absorbing ventilation and exhaust systems such that any odor generated inside and/or outside the facility shall not be detectable by a person of reasonable sensitivity at the property line of the subject property. Any and all odor control devices, needs and systems shall be paid for by the facility owner and/or the facility tenant and shall not be the financial responsibility of the Borough. Odor from the facility shall be monitored on at least an annual basis and more often if the Borough shall require in the Borough's discretion, by a qualified contractor chosen by the Borough at a cost that shall be paid for by the facility owner and/or the facility tenant and shall not be the financial responsibility of the Borough. The qualified contractor chosen by the Borough shall report its findings to the Borough Clerk.
(e)
Signage. Signs shall be limited to the address, name of the company and emergency contact information located on one ground sign not to exceed 24 square feet.
(f)
Site plan approval. Site plan approval is required as per § 109-3 of the Borough Code. With its site plan application, the applicant shall submit a safety and security plan, emergency services access plan, hazardous materials inventory, environmental impact statement, waste control plan and odor control plan, together with such other documents and information as shall otherwise be required to comply with the Borough's ordinances pertaining to site plan applications.
(g)
State license. The facility must have a valid license to operate from the state of New Jersey.
(h)
Any cannabis facility is subject to compliance with all state laws, regulations and guidelines with respect to cannabis licenses issued by the state of NJ.
(4)
Number of licenses. No more than one cannabis manufacturer shall be permitted to operate within the Borough of Andover at any time.
(5)
All other applicable zoning restrictions and conditions shall apply.
(6)
Hours of operation. Cannabis manufacturers may open no earlier than 8:00 a.m. and close no later than 9:00 p.m. and shall not operate on Sundays. The foregoing shall not prohibit a cannabis manufacturer from conducting normal maintenance on its equipment and facility outside that time frame.
E.
Cannabis cultivators and deliverers prohibited. Cannabis Class 1 (cultivators) and Class 6 (delivery) are prohibited from operating anywhere in the Borough, except for the delivery of cannabis items and related supplies by a delivery service.
[Added 2-13-2023 by Ord. No. 2023-1]