The use and bulk requirements for each zone
are as set forth in Tables 1 through 5, located at the end of this
chapter.
[Amended 9-14-2005 by Ord. No. 2005-19]
A. A. On any tract of 25 acres or more in size in the R-3, R-2.5, and R-2 Zones, lot averaging development as defined in Article
II is permitted. The minimum lot size may be reduced as indicated in Table 5 (located at the end of this chapter). The number of lot-averaged lots shall not exceed the number of lots obtainable using conventional zoning in conformance with subdivision requirements, land use ordinances, and NJDEP restrictions.
B. Preservation areas. Any development using the lot
averaging option shall permanently deed restrict environmentally sensitive
areas, including wetlands, floodplains and steep slopes. Building
envelopes shall be located so as to protect environmentally sensitive
areas.
C. All lots created using the lot averaging development
option shall be deed restricted to preclude future subdivision of
the lot.
D. All developments using the lot averaging development
provision shall be required to demonstrate to the satisfaction of
the reviewing board that the total number of lots and residential
units proposed could be approved in a conventional subdivision of
the property without utilizing the lot averaging development provisions.
A qualifying map shall be presented to the reviewing board for review
and approval prior to any approval of a lot size averaging subdivision
plan.
E. The conserved land or any portion of thereof may be
dedicated to the Township if the Township of Andover accepts the dedication.
[Amended 6-13-2011 by Ord. No. 2011-06]
A. Purpose. It is the intent of the ML Zone regulations to provide a
realistic opportunity for the construction of a variety of housing
types and income levels in the Township, particularly low- and moderate-income
housing by providing specific land use regulations addressing those
needs. These regulations are designed to implement the affordable
housing strategies set forth in the Andover Township Housing Element
and Fair Share Plan, dated December 16, 2008, which is a component
of the Township's Master Plan and which has received substantive certification
from the Council On Affordable Housing (COAH) on October 26, 2009.
Any provisions of this chapter or any other ordinance in conflict
with the ML zoning regulations and which impose higher standards not
related to health and safety shall be inapplicable.
B. Commercial uses.
[Amended 3-9-2015 by Ord.
No. 2015-04]
(1) Any commercial use permitted in the HC Zone shall be permitted in
the ML Zone under the same bulk requirements as permitted in the HC
Zone.
(2) Nothing in this section shall preclude a standalone commercial use within the ML Zone as long as such use complies with the bulk requirements of the HC Zone and does not occupy more than the minimum tract size noted below in Subsection
C(1).
(3) An applicant may construct a mixed-use development consisting of
commercial uses and low- and moderate-income housing provided that
a limit of 6,600 square feet of commercial space per acre for the
part of the site used for commercial purposes shall apply.
(4) Commercial uses in the ML Zone shall be located within 500 feet of
Route 206.
(5) Any mixed-use development in the ML Zone pursuant to Subsection
B(3) above shall conform to the requirements set forth in Article
XIII, Affordable Housing.
C. Bulk regulations.
(1) Minimum tract size: 20 acres.
(2) Maximum density: six units per gross acre.
(3) The following regulations with respect to the location of the improvements
shall apply:
(a)
No improvements shall be constructed in wetlands, floodplains,
or in areas where the slope exceeds 25%.
(b)
The construction of improvements in areas having slopes between
15% and 24% is discouraged and shall be avoided to the greatest extent
possible.
(4) Minimum tract setback.
(a)
All development shall maintain a twenty-five-foot minimum buffer
to all exterior property lines.
(b)
A minimum buffer of 100 feet shall be maintained from arterial
roads for all new residential buildings.
(c)
Said buffer shall be bermed or landscaped and remain unoccupied
except for entrance roads or utilities.
(5) Area, bulk and yard requirements.
|
Requirement
|
Single-Family
|
Multifamily
|
---|
|
Minimum lot area (square feet)
|
15,000
|
NA
|
|
Minimum lot width (feet)
|
100
|
NA
|
|
Minimum front yard (feet)
|
30
|
NA
|
|
Minimum side yard (feet)
|
20
|
NA
|
|
Minimum rear yard (feet)
|
35
|
NA
|
|
Maximum building coverage (percent)
|
25
|
NA
|
|
Maximum height (feet)
|
35
|
35
|
|
Maximum number of units per new residential building(s)
|
NA
|
12
|
|
Maximum number of units per existing residential building(s)
|
NA
|
24
|
(6) Distance between buildings. The Board may reduce the following distances
by not more than 1/3 if there is an angle of 20º or more between
buildings and if extensive landscaping or buffers are placed between
buildings. The minimum distance between buildings shall be as follows:
(a)
Windowless wall to windowless wall: 30 feet.
(b)
Window wall to windowless wall: 40 feet.
(c)
Window wall to window wall:
(d)
Any building face to local street curb: 25 feet.
(e)
Any building face to collector street curb: 40 feet.
(f)
Any building face to arterial street curb: 50 feet.
(g)
Any building face to common parking area: 12 feet.
D. Other regulations.
(1) Location of units. Low- and moderate-income housing units shall be
integrated throughout the development. The units shall be at least
equally accessible to common open space and community facilities.
(2) Minimum off-street parking requirements. Each dwelling unit shall
provide off-street parking in the following manner:
(a)
Off-street parking shall be provided as required by the Residential
Site Improvement Standards (RSIS).
(b)
All common off-street parking shall be located within 300 feet
of the dwelling unit served.
(c)
Parking shall not be permitted within the required buffer areas.
(3) Minimum floor area for dwelling units. Minimum floor area for dwelling
units is as follows:
(a)
One bedroom: 550 square feet.
(b)
Two bedrooms: 660 square feet.
(c)
Three bedrooms: 850 square feet.
(4) Low- and moderate-income housing requirements.
(a)
All development in the ML Zone shall be required to provide
dwelling units to be affordable to low- and moderate-income households
as defined by N.J.A.C. 5:97 as may be amended and supplemented.
(5) Waiver of fees.
(a)
Notwithstanding any ordinance requirement of the Township of
Andover, the applicable approving agency may waive the following fees
for every unit designated as lower-income housing:
[1]
Subdivision and site plan application fees.
[2]
Building permit fees, except state and third party fees.
[3]
Certificate of occupancy fees.
[4]
Sewer connection and application fees.
[5]
Engineering fees applicable to lower-income housing.
(b)
The Township may endorse and support any application for waiver
of water connection and application fees.
(6) Common open space requirements.
(a)
A minimum of 40% of the land area of any development, other
than single- or two-family housing, and which may include environmentally
restricted land, shall be designated for conservation, open space,
recreation and/or other common open space.
(b)
All property owners and tenants shall have the right to use
the common open space.
(c)
Common open space may be deeded to the Township, if accepted
by the governing body, or to an open space organization or trust,
or to a private nonprofit organization charged with the provision
of recreation activities for the residents of the development.
(d)
All common open space deeded to an open space organization,
trust or private organization shall be owned and maintained as provided
for in N.J.S.A. 40:55D-43.
(e)
Utilities. All projects within the ML Zone shall be served by
a central sewer system and a central water system.
[Amended 9-5-2019 by Ord. No. 2019-10]
A. Home occupations are permitted in all residential zone districts,
in accordance with the following requirements:
(1) Such uses shall be subject to a plot plan review and approval by
the Zoning Officer or his designated agent.
(2) The following uses are examples (not exclusive) of permitted home
occupations:
(a)
Artist's studio, craftperson, tailor/seamstress/dressmaker,
baking/food, firearms repair/sales, wedding event coordinator, floral
arranger, electrician, plumber, carpenter, landscaper, music instructor
or similar artisans' shops/offices/studios where such products and
services are made or repaired on- or off-premises. Sale of the products
is permitted, provided that the sale is not off a display unit(s)
located on the premises. Sales are permitted via a website, printed
brochure or other means of electronic communication.
(b)
Musical instrument or voice instruction is permitted for a maximum
of one student at a time.
(c)
The administrative office of a tradesman (i.e., electrician,
plumber, carpenter, landscaper, well driller, etc.) whose field of
activity is entirely away from the dwelling unit is permitted.
(3) The home occupation shall be clearly incidental and subordinate to
the use of the dwelling for residential purposes. The office or studio
shall be located in the basement or on the first or street level floor
of the principal building, and the area thereof shall be limited to
no more than 25% of the gross floor area of the principal building
which doesn't include any cellar area. An accessory structure may
be substituted for the basement or first floor, provided that the
total space doesn't exceed the 25% of gross floor area of the principal
structure. Storage of related materials or products for sale incidental
to the allowed home occupation is permitted and may be housed elsewhere
on the property in a garage/shed and not counted as part of the 25%
floor area limitation.
(4) Not more than one person in addition to members of the immediate
family residing on the premises shall be engaged in such home occupation.
(5) The home occupation shall provide off-street parking on the property
for customer use. No more than two parking spaces shall be provided
and appropriately designated for customer use. One on-street parking
space may only substitute for one off-street space subject to review
and approval by the Zoning Officer.
(6) Home occupation businesses may have one vehicle which exhibits commercial
lettering identifying the type of product or service offered parked
on their property. Exterior display and storage of materials used
by the home occupation is strictly prohibited. Tractor-trailer deliveries
to the home occupation location is prohibited.
(7) There shall be no external evidence of the home occupation, including,
but not limited to, no signs promoting the home business.
[Added 10-27-2008 by Ord. No. 2008-17]
Permitted uses and standards for the PO/R Professional Office/Residential
Zone are as follows:
A. Principal permitted uses
(1)
Office buildings, including business, professional, medical
and administrative.
(3)
Child-care centers licensed by the Department of Human Services
pursuant to N.J.S.A. 30:5B-1 et seq.
(5)
Places of worship and religious institutions.
B. Permitted accessory uses.
(1)
Fences and walls in accordance with Article
XII of Chapter
190.
(4)
Signs in accordance with Article
XI of Chapter
190.
(5)
Uses customarily related to and incidental to the principal
use.
C. Permitted conditional uses.
(1)
Expansion of existing single-family detached residential dwellings,
provided that any such expansion shall maintain the character and
single-family use of the existing dwelling and conform to the setback
requirements of the PO/R Zone district.
(2)
Banks with drive-through windows and/or automatic teller machines
(ATMs), provided that a landscaped buffer with a minimum depth of
50 feet is provided between any drive-through lane or ATM and the
closest residential use or residential zone district boundary.
D. Lot area and bulk standards. The recommended lot area and bulk standards
shall be as follows:
(1)
Minimum lot area: One acre (43,560 square feet).
(2)
Minimum lot width: 150 feet.
(3)
Principal building setbacks.
(b)
Side yard: 20 feet (each side).
(4)
Accessory buildings and structures.
(c)
Side and rear yard: 20 feet for parking areas, driveways and
traffic aisles.
(5)
Maximum building height: 2 1/2 stories / 35 feet.
(6)
Maximum structure lot coverage: 20%.
(7)
Maximum impervious surface coverage: 60%.