Andover City Zoning Code
ARTICLE VIII
C-1 Commercial Zone
§ 134-40 Primary intended use and permitted uses.
This zone is designed for commercial and business use and the following are permitted uses:
A.
Customary retail sales and personal service establishments.
B.
Hotels, motels and restaurants.
C.
Auction markets.
D.
Professional and business offices: office buildings to include the use by doctors, dentists, attorneys, engineers and other like professions; and medical clinics, banks, insurance, brokerage houses, real estate offices and governmental and such other semi-commercial uses serving the direct public.
E.
Telephone and telegraph exchanges, mortuaries and funeral homes.
F.
Indoor theaters, auditoriums, bowling alleys and other places of indoor public entertainment.
G.
Taxi, taxi stands, bus passenger stations and other places providing vehicles for hire, such as limousine and ambulance service.
H.
Scientific or research laboratories for research and/or experimental purposes and processing and fabricating incidental thereto, provided that no material or finished products shall be manufactured, processed or fabricated on said premises for sale.
I.
Public garages and parking garages for pleasure or commercial vehicles.
K.
Any other use that is determined by the Board of Adjustment to be of the same general character as the above uses.
§ 134-41 Other permitted uses.
Other permitted uses shall be as follows:
A.
Existing single-family residential uses. Such uses are allowed to be altered and enlarged under the regulations of the R-2 Zone and Article VII, R-2 Residential Zone.
[Amended 3-10-1980; 7-9-2018 by Ord. No. 2018-2]
B.
Farm stands, as conditional uses under the provisions of § 134-7, subject to a determination by the Planning Board that no undue traffic has or will be created.
C.
Outdoor dining is permitted in association with restaurant use, subject to the following conditions:
[Added 7-12-2010 by Ord. No. 2010-5; amended 8-8-2011 by Ord. No. 2011-1]
(1)
Permitted areas. Outdoor dining areas shall be permitted on the same lot as a legally existing restaurant, from April 1 through October 30 of each year, provided that such outdoor dining shall be located so that it does not endanger or interfere with any traffic, including both vehicular and pedestrian traffic.
(2)
Limitation on seating. Seating for outdoor dining shall not exceed 20% of the existing indoor dining seating, or 10 seats, whichever is greater.
(3)
The outdoor dining shall comply will all applicable requirements of the Andover Borough Code, including zoning, health, signage, and building requirements.
(4)
Furniture storage. Outdoor furniture, equipment and other amenities must be removed from the outdoor dining area for extended periods of nonuse and during the off-season.
(5)
Lighting. The outside dining area must have adequate illumination during evening hours and comply with the lighting design standards appropriate to the zone, and be in conformance with the Andover Borough Code.
(6)
Site plan approval. An application shall be made for site plan approval to the Andover Borough Planning/Zoning Board for all outdoor dining, unless the Board, upon submission of an application for site plan waiver and submission of an outdoor dining plan, grants a waiver.
(7)
Application for permit. An application for outdoor dining shall be filed with the Borough Clerk on forms supplied by the Clerk. Permits issued shall be valid for a maximum two-year period. The form shall require the following information and such additional information as deemed necessary for the Code Enforcement Officer to enforce this ordinance:
(a)
The name and address of the applicant.
(b)
The name and address of the restaurant requesting the permit.
(c)
Consent of the owner if other than the applicant.
(d)
The hours of operation for the outdoor dining area.
(e)
The payment of a permit fee in the amount of $50. The permit shall be renewed after two years for the amount of $50.
(f)
An illustration showing seating capacity, the location of the proposed outdoor dining and the location of the restaurant, parking and nearby road or roads.
(g)
The signature of the party who will be responsible for compliance with this ordinance.
(8)
Appeal. Any applicant who is denied approval of a permit may appeal the denial. The appeal, which may be in letter form, shall be mailed to the Clerk with five days of the denial. The Borough Council shall hear the appeal within 30 days of the Clerk's receipt of the appeal.
(9)
Enforcement. This section shall otherwise be enforced by the Code Enforcement Officer but is not intended to limit enforcement by the Board of Health as to the Sanitary Code or any other appropriate entity.
(10)
Modification or revocation of permit. The Borough reserves the right to limit hours of operation, seating capacity, lighting, parking and any other conditions if it receives complaints, notwithstanding that a permit has been issued, upon an investigation of the complaint by the Code Enforcement Official and a determination by the Borough Council that a modification or revocation of the terms of the permit is appropriate. The Borough Council also reserves the right to modify or revoke an outdoor dining permit for good cause, including, but not limited to, a misrepresentation of the information supplied in the application, the conviction of a crime, a violation of any ordinance, statute or government regulation or a violation of this chapter.
§ 134-42 Accessory uses.
The following accessory uses shall be permitted in the C-1 Zone:
A.
Garage space for storage of commercial vehicles.
B.
Building for storage of materials and equipment.
C.
Any use which the Board of Adjustment determines as one customarily incident to the principal permitted use on the premises other than a nonconforming use.
D.
The keeping of poultry subject to the following: Only hen poultry that are owned by the resident may be kept on property used as a single-family residence. Shelters, pens, runs and so forth must not be closer than 15 feet from any adjoining property. Poultry must be penned and not allowed to free range. A maximum of five poultry per 10,000 square feet of property shall be allowed with a total of 25 maximum for any size lot within this zone.
[Added 4-8-2019 by Ord. No. 2019-3]
§ 134-43 (Reserved) [1]
[1]
Editor's Note: Former § 134-43, Supplemental regulations, as amended, was repealed 3-10-2014 by Ord. No. 2014-1. See now the Schedule of Dimensional Regulations, which can be found as an attachment to this chapter.