[Amended 9-11-1978]
This chapter shall be known generally and referred
to by the short title the "Zoning Ordinance of the Borough of Andover."
A.
The purpose of this chapter is to encourage and promote
the most appropriate use and logical development of land throughout
the municipality; and therefore, to limit and to restrict and specify
distances between the buildings and structures permitted therein,
the nature and extent of their use and the nature and extent of the
land usages in said districts.
B.
The restrictions set forth herein shall be held to
by minimum requirements adopted for the promotion of the health, safety
and general welfare of the community.
C.
The provisions of this chapter are, among other purposes,
to lessen congestion in the streets, to secure safety from fire, flood,
panic and other dangers, promote health, morals or general welfare,
provide adequate light and air, prevent overcrowding of lands and
buildings and avoid undue concentration of population by regulating
and limiting use of land, the heights and sizes of buildings, to determine
and limit the size of yards, to determine and regulate other open
spaces and density of population and to encourage the most appropriate
land use throughout the Borough of Andover.
A.
ACCESSORY STRUCTURE
ACCESSORY USE
ALTER or ALTERATIONS
APARTMENT
AUCTION MARKET
BASEMENT
BOARDER
BOARDINGHOUSE
BUILDING
BUILDING AREA
BUILDING HEIGHTS
BUILDING LINE
CELLAR
CERTIFICATE OF OCCUPANCY
COMMERCIAL FACILITY
COMMERCIAL VEHICLES
COMMON OWNERSHIP
CORNER LOT
DWELLING OR DWELLING UNIT
FAMILY
FARMING
FENCE
FLOOR AREA
GARAGE, PRIVATE
GARAGE, PUBLIC
GARDEN APARTMENT
GASOLINE STATION
HEIGHT OF STRUCTURE
HOME OCCUPATION
HOTEL
IMPERVIOUS COVERAGE
INSTITUTIONAL USES
JUNKYARD
LOT
LOT AREA
LOT WIDTH
MINIMUM FRONTAGE
MOTEL
MULTIPLE-FAMILY DWELLING
NONCONFORMING BUILDING
NONCONFORMING LOT
NONCONFORMING USE
NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
OFF-PREMISES SIGN
OPEN SPACE
PARKING AREA
PARKING SPACE
PERSON
PRINCIPAL STRUCTURE
PRINCIPAL USE
RETAINING WALL
ROADSIDE STANDS
ROOMER
ROOMING HOUSE
SERVICE STATION, AUTOMOTIVE
SIGN
SIGN AREA
SIGN, FREESTANDING
SIGN, POLITICAL
SIGN, TEMPORARY
SINGLE-FAMILY RESIDENCE
SINGLE HOUSEKEEPING UNITS
SINGLE OWNERSHIP
SITE PLAN
STORY
STREET LINE
STRUCTURE
TOURIST HOME
TRAILER
UNIT
YARDS
(1)
(2)
(3)
For the purpose of this chapter, the following words
and their derivations shall have the meaning given herein:
A subordinate structure on the same lot with a principal
structure. Where an accessory structure is attached to a principal
structure in a substantial manner by a wall or roof, such accessory
structure shall be considered part of the principal structure.
A use naturally and normally incident and subordinate to
the principal use of a structure or lot.
To change the supporting members of a structure, to add to
or reduce the size of a structure, to change the use from that permitted
in one zone to a use permitted in another, to convert a structure
or a part thereof or to move a structure from one location to another.
See "dwelling."
Any premises on which are held at periodic times, and from
time to time, auction sales of merchandise or personal property.
A portion of the building partly underground, but having
less than 1/2 its clear height below the average grade of the adjoining
ground (see "cellar").
A person who is not related to the head of the household
and who pays for the privilege of boarding.
Any dwelling in which people, either individuals or as families,
are housed or lodged, for hire, with meals, and which contains five
or less such rooms for hire.
A structure which is designed, built or occupied as a shelter;
or roofed enclosure for persons, animals or property, including but
not limited to: tents, bus shelters, lunch wagons, dining cars, camp
cars, trailers and other roofed structures on wheels, foundations
or other supports used for residential, business, mercantile, storage,
commercial, professional, industrial, institutional, assembly, educational
or recreational purposes.
That horizontal ground area which is directly under a building
or buildings.
See "height of structure."
A setback line from the edge of the right-of-way to the closest
point of the front of the structure.
A portion of the building partly underground, having 1/2
or more than 1/2 of its clear height below the average grade of the
adjoining ground (see "basement").
A building or buildings and all associated support installations
located on one parcel of land.
[Added 10-13-1998 by Ord. No. 333]
Trucks, buses, sedan delivery vehicles, station wagons with
advertising matter on the sides, or any other commercially used vehicle,
except a passenger car with no advertising matter exposed to view.
Ownership of two or more contiguous parcels of real property
by the same person or persons.
A lot at the junction of two intersecting streets and having
frontage thereon.
A building or portion thereof designed or used as the residence
or sleeping place of one or more persons, including but not limited
to one-family, two-family and multiple dwellings, condominiums, cooperatives,
apartment hotels, boarding and rooming houses, motel tourist cabins,
trailers or trailer courts, tents and other types of movable buildings.
An individual living as a single housekeeping unit or a number
of persons, including foster children as defined by law, and persons
related by blood, marriage or adoption living together as a single
housekeeping unit. Also included are children placed pursuant to law
in single-family dwellings known as group homes. As used in this definition,
the term "group home" means and includes any single-family dwelling
used in the placement of children pursuant to law recognized as a
group home by the Department of Institutions and Agencies in accordance
with rules and regulations adopted by the Commissioner of Institutions
and Agencies; provided, however, that no group home shall contain
more than 12 children.
[Amended 9-11-1978]
The use of land or structures for agriculture, horticulture
or husbandry for the raising of domestic animals, excepting pigs and
domesticated animals.
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen, or separate areas.
[Amended 12-27-2004 by Ord. No. 361]
The area of all floors computed by using the dimensions of
the outside walls of each floor of buildings; or in the case of apartments,
the dividing walls of each apartment. Only those areas having five
feet or more clear head room with completed floors, ceilings and partitions
may be considered in computing the second floor area of a one-and-one-half-story
house, and at least 1/2 of the included second floor area shall have
a minimum ceiling height of seven feet. Cellars and basement floors,
porches, balconies, patios, terraces, breezeways, carports, verandas
and garages are excluded, except that enclosed porches which are heated
and used year round may be counted in computing the floor area, provided
that the walls, ceilings, foundation, etc., are the same as required
for the remaining structure.
A detached accessory building or portion of a main building
for the parking of or temporary storage of automobiles of the occupants
of the main building and wherein not more than one space is rented
to persons not residents of the lot or not more than one commercial
vehicle, not to exceed two tons in net weight, is parked or stored.
A building space, other than a private garage, which is primarily
used for the storage, repair, retail, maintenance and major repair
of motor vehicles and the retail sales of motor vehicles, in connection
with a franchised dealership; and which may include such facilities
designed or used for polishing, greasing, washing, spraying and otherwise
servicing of such motor vehicles incidental thereto, other than service
stations as hereinafter defined, the sale of motor fuel and the sale
of previously registered motor vehicles, commonly referred to as "used
cars." The sale of previously registered automobiles as a primary
use shall be prohibited.
A building not exceeding two stories in height containing
a group of separate dwelling units, each of which is arranged as a
flat, or on one story.
[Amended 9-11-1978]
See "service station, automotive."
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the level of the roof surface or the top of the structure
excluding chimneys, whichever is higher. Chimneys on residential and
commercial buildings may not exceed the height, as defined, by more
than eight feet.
Any occupation for gain or support conducted by members of
the family residing in a dwelling unit and conducted solely within
the dwelling unit or accessory building, such as, by way of illustration,
dressmaking, millinery, home baking and the like, provided that there
is no display of products or advertising visible from the street,
and further provided that no machinery or equipment is used which
will cause electrical or other interference with radio or television
reception which is used or found in the home.
A building containing more than five rooms used, rented or
hired out, to be occupied for sleeping purposes by guests, where general
kitchen, dining room and/or banquet rooms are provided within the
building.
That area covered by buildings, pavements and other surfaces
which do not permit infiltration of water. Calculation of impervious
coverage for a given tract shall utilize the area of the entire tract,
both within and without the Borough, less any open water bodies, as
the divisor in the equation.
[Added 12-10-1990 by Ord. No. 286]
Includes hospitals, schools, churches, religious institutions
and those uses defined in N.J.S.A. 40:55D-66.1, 40:55D-66.2, 40:55D-66.4
and 40:55D-66.6.
[Added 4-12-1993 by Ord. No. 302]
A lot and/or structure used or intended to be used for the
conducting and operating of the business of selling, buying, storing
or trading in used or discarded metal, glass, paper, bags, cordage
or any used or disabled fixtures, vehicles or equipment of any kind.
A parcel of land, plot or area of land, exclusive of any
adjoining street, title to which is separated by description, not
held in common ownership or by a subdivision or recorded map.
The total area included within the lot lines. Where the property
line extends to the center of a street and the street right-of-way
width has not been determined, the area of a lot for the purpose of
this chapter shall not include land within 25 feet of the center line
of the street. Where a right-of-way width is shown on either a subdivision
map or official map of the state, county or municipality, the area
of the lot shall not include any portion of the actual or proposed
right-of-way.
The horizontal distance between the side lot lines measured
with right angles to the lot depth at the building lines.
That linear distance along the front of a lot giving the
lot a characteristic width. For corner lots, minimum frontage shall
be required along each street abutting the property.
[Added 6-20-1989 by Ord. No. 263]
A building which contains living or sleeping accommodations
for transient occupancy and have individual outside entrances to each
unit.
A building designed or used as a residence of two or more
dwelling units, e.g., townhouses, patio homes, garden apartments or
other units separated by a common wall.
[Amended 12-10-1990 by Ord. No. 286]
A building or structure lawfully existing at the time of
enactment of this chapter or subsequent amendments, thereto that does
not conform to the regulations of this chapter for the zone in which
it is located.
A lot or parcel which does not have the minimum width or
contain the minimum lot area for the zone in which it is located.
A use which lawfully occupied a building or land at the time
of enactment of this chapter or subsequent amendments thereto, and
which does not conform with the regulations of this chapter for the
zone in which it is located.
An offensive, annoying, unpleasant or obnoxious thing or
practice, a cause or source of annoyance, especially a continuing
or repeating invasion or disturbance of another's rights; including
the actual or potential emanation of any physical characteristics,
activity or use across a property line, which can be perceived by
or affect a human being of ordinary sensibility or the generation
of an excessive or concentrated movement of people or things, such
as but not limited to:
Noise.
Dust.
Smoke.
Fumes.
Odor.
Glare.
Flashes.
Vibration.
Shock waves.
Heat.
Electronic or atomic radiation.
Objectionable effluent.
Noise or congregation of people, especially
at night.
Passenger traffic.
Transportation of things by truck, rail, or
other means.
Invasion of nonabutting street frontage by parking.
A sign which advertises a business which is not conducted
or a product which is not sold on the lot where the sign is located.
Any unobstructed, unoccupied area intended to meet the side,
rear or front space requirements of this chapter.
An open area, other than a street or other public way, used
for the parking of motor vehicles and available for use as a service
or privilege to guests, licenses, clients, customers, suppliers or
residents. It shall include driveways and access drives located within
the lot area.
An off-street space for the parking of one motor vehicle.
Such parking space shall have an area of not less than 162 square
feet, exclusive of access drives or aisles.
[Amended 6-10-1996 by Ord. No. 318]
An, individual, association, partnership, corporation or
joint venture.
A structure arranged, adapted or designed for the predominant
or primary use for which a lot may be used.
The primary or predominant use of the premises.
A structure constructed and erected between lands of different
elevations to protect structures and/or to prevent erosion.
[Amended 12-27-2004 by Ord. No. 361]
An open or covered structure of permanent or temporary construction
which fronts on a public street located on land which fronts on a
public street located on land which is owned or leased by the operator
for the purposes of direct-to-consumer commodity sales.
A person who is not related to the head of the household
and who pays for the privilege of rooming.
Any dwelling in which people, either as individuals or as
families, are housed or lodged, for hire, and which contains five
or less such rooms for hire.
A retail place of business engaged primarily in the sale
of motor fuels but also in supplying goods and services generally
required in the operation and maintenance of automotive vehicles and
the fulfilling of motorist needs. Major automotive repairs, painting
and body and fender work are excluded.
Any announcement, declaration, demonstration, billboard,
display, illustration or insignia used to promote or advertise the
interests of any person, group of persons, company, corporation, service
or product when the same is placed, erected, attached, painted or
printed; to advertise or promote the interest of the same, when placed
out of doors in view of the general public, or placed where it may
be viewed from the outside of any structure where placed.
The area delineated by the frame or edge of a sign. Where
there is no frame or edge to the sign, the area shall be delineated
by a projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines said sign.
Any sign not attached or affixed to any building or structure.
[Added 5-10-2010 by Ord. No. 2010-2]
A temporary sign presenting information expressing support
for or opposition to a candidate or candidates for public office,
a political party, or a ballot measure, presenting an issue to be
voted upon, or pertaining to protected speech or an upcoming election.
[Added 5-10-2010 by Ord. No. 2010-2]
Any sign that is displayed or erected for a maximum of 60
days, not permanently attached and/or affixed to a building and/or
structure, including political signs.
[Added 5-10-2010 by Ord. No. 2010-2]
A structure designed for occupancy by one family.
A separate area containing separate sanitary facilities and/or
cooking facilities.
Ownership by one person, or ownership by two or more persons
jointly as joint tenants, as tenants by the entirety or as tenants
in common of a separate lot not adjacent to land in the same ownership.
A development plan for buildings or uses other than one-family
homes, required to be submitted under the Site Plan Review Ordinance
of the Borough of Andover.[1]1
[Amended 9-11-1978]
That portion of a structure included between the surface
of a floor and the surface of the next floor above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it.
The line which separates the publicly owned or controlled
street right-of-way from the private property which abuts upon said
street, as distinct from a sidewalk line, curbline or edge of pavement
line (also see "lot area").
Anything constructed or erected which required permanent
or temporary location on the ground or attachment to something having
such location, excluding unroofed patios, agricultural fences five
feet in height and under, and retaining walls. For the purpose of
determining compliance with setback requirements, "structure" shall
include outdoor fireplaces, unroofed porches above finished grade,
roof overhangs, awnings in the extended position and any other permanent
part of the structure. For the same purpose it shall not include structures
such as fuel oil tanks, septic tanks and leaching pools which are
completely buried under finished grade (see "building").
See "rooming house."
A vehicle or residence on wheels, skids or rollers, with
or without motive power, designed to be used for human habitation
or for carrying persons or persons' property, such as but not limited
to campers, mobile homes, boat trailers, snowmobile trailers, etc.
A residential structure containing all the facilities required
to support a single housekeeping unit, i.e., kitchen, bathroom and
living area. For commercial and industrial projects, a unit shall
be defined as 1,000 square feet of gross building area.
[Added 10-9-1989 by Ord. No. 266]
FRONT YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the abutting street right-of-way line and the nearest part of the principal structure on the lot.
SIDE YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest part of the principal structure on the lot.
REAR YARDAn area, unoccupied except by a use as hereinafter, specifically permitted, extending across the full width of a lot and lying across the full width of a lot and lying between the rear lot line and the nearest part of the principal structure on the lot.
B.
When not inconsistent with the context, words used
in the present tense include the future tense, words in the plural
number include the singular number and words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
