Andover City Zoning Code
ARTICLE II
General Provisions
§ 134-4 Applicability; enforcement and administration.
[Amended 9-11-1978; 10-8-1979; 7-14-2003 by Ord. No. 356; 12-9-2019 by Ord. No. 2019-9; 12-9-2024 by Ord. No. 2024-18]
A.
Each of the sections and provisions of this article shall apply to all zones unless otherwise stated.
B.
Nature and extent of uses. The control and regulation of the nature and extent of uses of structures as herein provided shall apply equally to the nature and extent of the use of land.
C.
Effect of zoning. No land may be used and no structure may be erected, raised, moved, extended, enlarged, altered or used, for any purpose other than a purpose permitted herein for the zone in which it is located, and all construction shall be in conformity with the regulations provided for the zone in which such construction is located.
D.
Enforcement.
(1)
There is hereby created the position of Zoning Officer. It shall be the duty of the Zoning Officer to enforce this chapter and, pursuant to that duty, to investigate any violation or alleged violation of this chapter coming to his attention, whether by complaint of third persons or from his own personal knowledge or observation. When any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of any provision of this chapter, it shall be the duty of the Zoning Officer to proceed with the enforcement of this chapter and the penalties provided for hereunder. He may also pursue such other courses of action hereafter provided as may be open to him.
(2)
In enforcement of this chapter, the Zoning Officer may apply to the Municipal Court Judge of the Borough of Andover for a warrant or warrants to search and inspect the properties and premises upon which he has reason to believe any violation of this chapter has taken or is taking place, and upon probable cause shown, the Magistrate may issue such a warrant or warrants, and the information obtained pursuant thereto shall be admissible as evidence in any court of competent jurisdiction for the purpose of proving any case brought for violation of this chapter.
(3)
The Zoning Officer shall file a monthly report of his activities, including the complaints and cases processed by him and disposition thereof, with the Borough Council. It shall be the duty of the Zoning Officer to keep records of all applications for zoning permits and all such permits issued, together with a notation of all special terms or conditions imposed thereunder. He shall be responsible for the filing and safekeeping of all plans and specifications submitted to him with any application, and the same shall form a part of the records of his office and shall be available to all officials of the Borough of Andover. Copies of any permits or certificates shall be furnished upon request to any person who shall have a right thereto by law.
(4)
The Zoning Officer, in the performance of his duties, is specifically directed to undertake the following, as appropriate:
(a)
File a complaint in the Municipal Court of the Borough against the owner, his agent or any person or corporation perpetrating a violation, serving the aforesaid offender with proper notice, and prosecute this judgment in Municipal Court; or
(b)
Upon the express authority of the Borough Council and with the advice and assistance of the Borough Attorney, file in the Superior Court a complaint to terminate a violation.
(5)
The Zoning Officer shall enforce all conditions imposed by the Planning/Zoning Board on the operation of facilities constructed in accordance with approvals secured from said Board.
(6)
It shall be the duty of the Zoning Officer to issue zoning permits. Such permits shall be secured from the Zoning Officer's office prior to application for a building permit for the construction of a structure or sign or part of a structure or upon a change in the use of a structure or land. Each application shall be accompanied by the required fee.
(7)
The Zoning Officer shall review all applications for change of commercial property occupancy submitted in accordance with § 109-3. The Zoning Officer shall issue a determination whether the application is approved or denied within 45 days after receipt of a fully completed application and fully paid application fee.
E.
Zoning permits and certificates of occupancy.
(1)
No land shall be occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, structurally altered or moved until a zoning permit has been issued by the Zoning Officer. Applications for zoning permits shall be made in writing by the owner or his authorized agent; shall include a statement of the uses or intended uses; shall be accompanied by a plan of the plot showing thereon the size, shape and location of all proposed structures and such other information as deemed necessary by the Zoning Officer to make a determination regarding compliance with this chapter; and shall be submitted to the Zoning Officer with an application fee as prescribed by Chapter 66 hereof. No zoning permit shall be issued for the erection, construction, reconstruction, structural alteration or moving of any building or structure or part thereof unless the plans and intended use for the same indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter. The zoning permit shall specify the use of land or a building in any circumstances or conditions imposed by any public agency, code, or regulations. Any change in use, including a change from one permitted use to another kind of permitted use in the same zone, or any additional use, shall be treated as a new use, and a new zoning permit shall be required. Before issuance of a zoning permit for said change in use, all provisions of this chapter shall be satisfied in the same manner as if the proposed use were a new structure or a new use of land.
(2)
No land shall be occupied or used and no building erected or altered shall be occupied or used, in whole or in part, for any agricultural, residential, commercial or industrial purpose whatsoever until a certificate of occupancy shall have been issued by the Construction Official stating that the use of the land or building complies with all the provisions of this chapter or any ordinance of the Township. Certificates of occupancy shall be granted or denied within 10 days after a report of completion of the erection or alteration of the building or parking facilities has been received by the Construction Official.
(3)
Where a building permit is not required, no change or extension of use and no alteration of use or change of tenants shall be made until a certificate of occupancy shall have been issued by the Construction Official indicating that such change, extension or alteration is in conformity with the provisions of this chapter.
(4)
A certificate of occupancy shall be applied for at the same time that the building permit is applied for and shall be issued within 10 days after the erection or alteration of the building or parking facilities shall have been satisfactorily completed. A record of all certificates shall be kept on file in the office of the Construction Official, and copies shall be furnished upon request to any person having a proprietary or leasehold interest in the building or land affected.
(5)
Permits and operations. Prior to making application for any building permit or certificate of occupancy, a site plan shall have been submitted to and approved by the Planning Board, prepared in accordance with the provisions of Chapter 109 of this Code, subject to such exceptions as set forth in Chapter 109. The applicant shall also submit, in triplicate, all plans of the proposed construction and development, including a description of the proposed machinery, operation and products. Any permit authorized and issued shall be conditioned, among other things, upon the applicant's completed buildings and installations in operation conforming to the applicable performance standards. Under the terms of this subsection, a certificate of occupancy and a site plan approval by the Planning/Zoning Board shall be required for all new construction as well as whenever there is a change in use or occupancy of the premises, except as set forth in § 109-3.
F.
Certificate of occupancy. No land shall be used and no new structure shall be occupied or used in whole or in part for any use, nor shall the use of any land or structure be changed from an existing to a new use until a certificate of occupancy is issued by the Building Inspector stating that the structure and the occupancy and use of the land and the structure, if any, conforms with the provision of this chapter. Such certificates of occupancy shall be granted or denied within 15 days from the date written application therefor has been received by the Building Inspector. Unless a certificate is granted within such period, it shall be deemed to be denied.
G.
Building records. It shall be the duty of the Building Inspector to keep a record of all applications for building permits and certificates of occupancy and of all such permits and certificates issued, with a notation of all special conditions involved. He shall file and safely keep copies of all plans and specifications submitted with such applications, and the same shall form a part of the records of his office. Copies of certificate of occupancy shall be furnished upon request to any person having a proprietary or lease-hold interest in the structure or land affected.
§ 134-5 Lots and structures.
A.
Yards.
(1)
Every lot must provide front, rear and side yards as required for its zone. All front yards must face upon a public street or private street approved by the Planning Board or Borough Council. On streets less than 40 feet in width, the required front yard shall be increased by 1/2 the difference between the width of the street and 40 feet.
(2)
Front, side and rear building locations within five feet of the minimum setback requirements of this chapter shall be surveyed and certified by a licensed engineer or land surveyor. The survey may be performed at any time prior to the erection of the building above the foundation. A certified copy of the survey shall be presented to the Building Inspector when the foundation of the building is complete.
B.
Principal structure and/or use. No lot used for single-family residence purposes may contain more than one principal structure or use.
C.
Dwelling in rear or front yards. No dwelling shall be constructed or moved in front of or in the rear of a building on the same lot.
D.
Traffic visibility across corner lots. On a corner lot, a fence or planting over 30 inches in height, above the curb or edge of a roadway, which would obstruct vision for the purpose of traffic safety shall not be erected or maintained within a triangle formed by the point of intersection of the right-of-way lines of the intersecting streets and points on each of the intersecting right-of-way lines 25 feet from the point of intersection.
E.
Corner lots. Where a lot is bounded by more than one street, the front yard or setback requirement shall be met on both abutting streets; provided, however, that platted lots existing on adoption of this chapter that are narrower at the building setback line than the minimum width required by this chapter can project as close to the side street as 1/2 of the setback requirement.
F.
Existing platted lots. Any lot having a minimum area of 6,000 square feet or greater may be used for any use not prohibited in the zone in which it lies, provided that said lot was in single ownership on the date of adoption of this chapter, and further provided that it remains in single ownership until the time a building permit or certificate of occupancy is sought, and further provided that all other requirements of this chapter are met.
G.
Subdivision or resubdivision of lots. When a new lot or lots are formed from a parcel of land or where two or more lots are combined into a single parcel of land, the separation or combination must be effected in such a manner as not to impair any of the provisions of this chapter.
H.
Height limitations. The height limitations of this chapter shall not apply to chimneys, except as limited in the definition of "height of structure," silos, church spires, gables, cupolas, standpipes, flagpoles, monuments, television and radio antennas or towers, cables or water tanks and similar structures and necessary mechanical appurtenances for the zone in which the building is located, provided that no such exceptions, when connected to and a part of a principal building, shall cover at any level more than 10% of the area of the roof on which it is located. All such items in excess of the height regulations shall be set back from the property line at least a distance equal to their height.
§ 134-6 Prohibited uses.
Any use not specifically permitted in a zoning district established by this chapter is hereby specifically prohibited from that district, and the following uses and activities are specifically prohibited in Andover Borough:
A.
Commercial vehicles. In residential zones, not more than two commercial vehicles may be kept on the premises, provided that:
[Amended 9-10-2018 by Ord. No. 2018-3]
(1)
Each commercial vehicle does not exceed 10,000 pounds gross vehicle weight.
(2)
Each commercial vehicle is used by a resident of the premises.
(3)
No commercial vehicle is parked on the street.
(4)
Each commercial vehicle is located on an improved surface, fits securely on the property and is not encroaching over any public sidewalk or right-of-way.
(5)
Emergency vehicles used by a resident of the premises for EMS support are not subject to the restrictions set forth in this Subsection A of § 134-6.
B.
Signs. All billboards, signboards, advertising signs or devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this chapter.
C.
Nuisance. Any use which emits excessive or objectionable amounts of dust, fumes, noise, odor, smoke, vibration, glare or waste products or a nuisance, as defined by this chapter.
D.
Unsafe use. The use of any building or premises in such a manner that the health, morals, safety or welfare of the community may be endangered.
E.
Tourist cabins, tents and other movable dwellings.
(1)
Tourist cabins, trailers, tents and all other movable dwellings may not be occupied, erected or moved into any zone, and no trailer, as herein defined, shall be used for any purpose, whether as a storage area or for living accommodations. Hay wagons and farm trailers used in connection with an operating farm are specifically exempted from these controls and regulations.
[Amended 8-11-1986 by Ord. No. 230]
(2)
No trailer shall be parked any place within the Borough except as follows:
(a)
Totally within a fully enclosed structure.
(b)
One trailer per lot owned by the occupants of said lot, such trailer to be considered as an accessory structure, subject to the controls of accessory structures within the zone for which it is located.
[Amended 6-9-1986 by Ord. No. 224]
F.
Disabled and nonregistered vehicles. Disabled and/or nonregistered vehicles may not be stored except in an enclosed building in any zone.
G.
Accessory buildings or structures. No accessory building may be built or located upon any lot on which there is no principal building or structure.
(1)
Accessory buildings in the business and industrial zones shall not exceed the height regulations of the principal structure. In the agricultural and residential zones, no accessory building shall exceed 16 feet in height, except for agricultural purposes.
(2)
Accessory buildings in all zones shall be at least 10 feet from any principal building situated on the same lot, unless an integral part thereof, and shall be at least six feet from any other accessory building.
(3)
Accessory buildings on corner lots may not be erected nearer to the street than the front yard required on the adjacent lot.
H.
Outdoor food sales/dining. Other than in the C-1 Commercial Zone, no retail food business and/or outdoor dining shall be conducted outside the confines of a building, including businesses where the customers are served over a counter or a bar while seated or standing outside the confines of the building at which the business is conducted.
[Added 10-8-1979; amended 7-12-2010 by Ord. No. 2010-5]
§ 134-7 Temporary and conditional use permits.
Recognizing the necessity for certain uses, temporary in nature, and requiring the necessity for such other special uses, such as but not limited to hospitals, cemeteries, lodges and fraternal organizations, charitable organizations, multiple-family dwellings, public utilities, charitable and recreational activities, the Planning Board, recognizing that such uses may be inimical to the public health, safety and general welfare if unlimited or permitted without due consideration to conditions and surroundings, may authorize such uses pursuant to the procedures hereinafter set forth.
A.
Temporary use permits. The Planning Board may, pursuant to and subject to all the requisitions for the issuance of special use permits, direct the Building Inspector to issue a temporary use permit for a period of time not to exceed six months, but not more than one said exception shall be granted.
B.
Conditional use permits. An application for a conditional use permit shall be made to the Planning Board, pursuant to the Land Use Procedures Ordinance of the Borough of Andover.[1] Such application shall be accompanied by a site plan in accordance with the Site Plan Review Ordinance of the Borough of Andover.[2]
[1]
Editor's Note: See Ch. 18, Land Use Procedures.
[2]
Editor's Note: See Ch. 109, Site Plan Review.
C.
Procedure.
(1)
The Planning Board shall then hear the application in the manner specified by the Land Use Procedures Ordinance of the Borough of Andover.
(2)
The Planning Board may order the issuance of a permit, as herein authorized, if, from the evidence adduced at the hearing, it shall find that the proposed special use and each proposed structure:
(a)
Is reasonably necessary for the convenience of the community and is a use permitted in the zone.
(b)
Will not be detrimental to the owners of properties in the area in their use and enjoyment thereof.
(c)
Will not create undue traffic congestion or other safety hazards.
(d)
In its proposed location will not overtax the existing water system and existing sewage disposal system.
(e)
Complies with all area and yard requirements, height limits or other requirements contained in this chapter.
(f)
Is so designed as to conform to and harmonize with the general character of the area and will in no way adversely affect the safe and comfortable enjoyment of properties in the zone.
(g)
The Planning Board may impose such reasonable conditions upon the issuance of a special use permit as it may deem necessary to protect the public interest and promote the purposes of zoning as set forth. Specifically, but not by way of limitation, they may impose conditions calculated to provide adequate off-street parking facilities; adequate open areas and yards on the erection site of all proposed structures; adequate and attractive fences and other safety devices where required and sufficient landscaping, including shrubs, trees and lawn, which will be periodically maintained.
(h)
The Planning Board may require the submission of building plans and specifications and such other information as it may require for a full consideration of the application.
D.
Fair-share housing procedures. Low- and moderate-income units may be constructed in any zone where residential uses are permitted, subject to compliance with the following:
[Added 8-10-1992 by Ord. No. 296]
(1)
A developer's agreement between the developer and the Borough of Andover shall be executed.
(2)
Any units constructed shall be administered by the Affordable Housing Management Service or a similar agency.
(3)
The developer shall enter into an agreement with the Borough of Andover to market low- and moderate-income units pursuant to the requirements of N.J.A.C. 5:92-15.
(4)
Low- and moderate-income housing shall be constructed according to the following requirements:
(a)
Low- and moderate-income housing split as per N.J.A.C. 5:92-5.14.
(b)
Phasing of affordable unit construction as per N.J.A.C. 5:92-10.4.
(c)
Controls on affordability in its entirety, including the model restrictive covenant and mortgage lien as per N.J.A.C. 5:92-12.
(d)
Bedroom distribution as per N.J.A.C. 5:92-14.1.
(e)
Pricing stratification as per N.J.A.C. 5:92-14.2.
(f)
Age restricted units as per N.J.A.C. 5:91-14.3.
§ 134-8 Site plan approval standards.
A.
For all new building developments other than single-family residential, and all building reconstructions (except single-family residential) involving more than 50% of the floor area of the existing structure, or when nonresidential off-street parking area is proposed, it is required that a site development plan be submitted to the Planning Board for approval. Said site plan shall be drawn to a scale of not more than one inch equals 50 feet and shall show the following:
[Amended 8-8-1974]
(1)
Size of lot and all lot line dimensions.
(2)
Building setbacks, side line and rear yard distances.
(3)
Location of all proposed buildings.
(4)
Location of off-street parking areas with dimensions showing parking spaces, loading areas, access drives, traffic circulation and the location and description of all proposed signs.
(5)
Type of surface paving and curbing.
(6)
Storm drainage facilities, connections to the municipal water and sewer systems and other such construction on the lot.
(7)
All landscaping, fences, walls or similar facilities to be provided.
(8)
The location of all structures within 100 feet of the property.
B.
Seven copies of the site plan shall be submitted at least three weeks prior from the regular meeting of the Planning Board and shall be accompanied by three application forms available from the Borough Clerk and a filing fee, as provided in Chapter 66, Fees, shall accompany such application.
[Amended 6-9-1986 by Ord. No. 224]
C.
In reviewing said site development plan, the Planning Board shall consider the following factors:
(1)
That the provisions of this chapter with respect to height, minimum lot area, mandatory open spaces and the like are complied with.
(2)
That adequate provision is made for off-street parking in accordance with the provisions of this chapter.
(3)
That adequate provision is made for the disposal of stormwater as approved by the Borough Engineer.
(4)
That the location, design or construction of any building is not likely to involve risks of traffic congestion or other hazard to the public safety.
(5)
That the design or construction of any building or use will not be so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent or nearby property.
(6)
That ingress and egress to the lot or tract is adequate and will not unduly impede or obstruct the flow of traffic upon the public streets.
(7)
That there shall be no nuisance, as defined.
(8)
That all other applicable provisions of this chapter are met.
§ 134-9 Nonconforming uses and structures.
A.
Continuance of use and/or structure. Any lawful nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the building so occupied, subject to the following regulations:
(1)
A nonconforming use shall not be enlarged or expanded unless the use is changed to a conforming use.
(2)
Said structure may be enlarged, provided that the area or yard regulations are not further violated.
(3)
A nonconforming structure that meets the use requirements of this chapter changed to a conforming use shall not hereafter be changed back to a nonconforming use.
(4)
A nonconforming use in existence at the time of the passage of this chapter shall not be permitted to be changed to another nonconforming use.
(5)
In the event that there is a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be prima facie evidence of an abandonment of the use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this chapter.
(6)
Registration required (see Subsection C of this section).
B.
Completion of buildings under construction. Nothing in this chapter shall require any change in plans, construction or designated use of a structure for which a building permit has been issued when construction has been diligently prosecuted within six months following the date of such permit and completed within the term of such permit.
C.
Registration of nonconforming uses. All persons operating a nonconforming use shall, within six months from the effective date of this chapter, register such nonconforming use in accordance with the following procedure:
(1)
The applicant shall make application to the Building Inspector for a certificate of occupancy.
(2)
Such application shall contain the name and address of the applicant, the nonconforming use so operated, the tax lot and block number of its location, the building or structure, if any, in which the use occupies and the date such use commenced.
(3)
If such application is made within said six-month period, the Building Inspector shall issue said certificate of occupancy setting forth the use, and said certificate shall be issued without payment of any fee.
(4)
If such a use is not registered within the six-month period, as herein provided, such use shall be deemed to have been abandoned, and any subsequent exercise of such abandonment shall be deemed a violation of this chapter.
