[Amended 2-14-1977]
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.
[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.
[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.
[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.
[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.
[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]
