Supporting Documentation · Sep 18, 2025
12 22 Woodland Ave ZB 25 2 Planning Review Rev 1 September 11 2025
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Show all pages11 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 • Minimum Side Yards: 10 feet/8 feet • Minimum Rear Yard: 30 feet • Maximum Building Coverage: 35% • Maximum Lot Coverage: 45% The applicant needs variance relief for §25-9.2 Housing of animals: §25-9.2 Housing of animals In any residential district on a lot of two acres or more, a building or enclosure for the housing of animals may be constructed or maintained only as an accessory to the main building on the same lot. No building or enclosure shall be used for the housing of more than three domestic or farm animals and such building or enclosure shall not be within 50 feet of any lot line. See § 10-12 of Chapter 10, Animals, of the Revised General Ordinances of the Township of West Orange for additional regulations for household pets and other animals. Planning Comments The Applicant seeks a D-2 Expansion of a Previously Existing Nonconforming Use in relation to the expansion of the outdoor riding arena, grass paddocks, and parking lot. The Applicant will also need to seek a D(1) Use Variance for the proposed use in the R-5 zone, where it is not currently existing and is not permitted within the R-5 District. N.J.S.A. 40:55D-70(d) permits a Board of Adjustment “in particular cases for Special Reasons” to grant a variance to permit “a use or principal structure in a district restricted against such use or principal structure.” This represents the Positive Criteria of the statute. In addition, a showing of the Negative Criteria is necessary to obtain a “d” variance. The applicant must demonstrate that the proposed variance can be granted “without substantial detriment to the public good and will not substantially impair the intent and the purpose” of the Master Plan and Zoning Ordinance. When considering the granting of a “d” variance, an applicant must demonstrate that special reasons are satisfied by either showing that the proposed use “inherently serves the public good” or that it promotes the general welfare because
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