Conference/Public Meeting Agendas/Documents — Packet

ge. (Ord. No. 904-88 § 25-5.5I) Comment [PG46]: addressed elsewhere in ordinance 25-11.106 Open Space in OB-1 and OB-2 Districts. In the OB-1 and OB-2 Districts, one (1) square foot of open space shall be provided for each square foot of building area except that no more than forty (40%) percent of the lot in the OB-1 District nor thirty (30%) percent in the OB-2 District may be covered by buildings or structures. Off-street parking areas are not permitted within open space areas, except for "overflow" parking spaces that are specifically approved by the Planning or Zoning Board and are constructed in a manner acceptable to the Township Engineer. Furthermore, no accessory structure or off-site parking area shall be located within the required front yard no closer than twenty-five (25) feet to the side or rear property lines in the OB-1 District or ten (10) feet to the side or rear property lines in the OB-2 District. (Ord. No. 904-88 § 25-5.5J) 48

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-11.11 Motor Vehicle Sales Establishments. No permit shall be issued for the use of any building or premises as a motor vehicle sales establishment in any district other than the I or I-B Districts. The display or sale of motor vehicles may be conducted outside the confines of a building subject to the following requirements: a. The area devoted to such use shall not be larger than the ground floor area of the principal building in which the primary or predominant use is conducted. b. The area devoted to such use shall be surfaced with an asphalt, bituminous or cement binder pavement which shall be graded and drained to dispose of all surface water. c. Any lighting in connection with such use shall be so arranged and shielded as to reflect the light downward away from all adjoining streets or buildings and shall comply with the lighting standards contained in this section. d. The area permitted for the use shall at all times be clearly and legibly marked on the required paved surface. e. The use shall be permitted in the front, side and rear yards provided the use is not closer than twenty (20) feet from the front street right-of-line nor ten (10) feet from any side or rear property line. If the use abuts a residential zone, no part of the use shall be nearer than fifteen (15) feet to the residential zone boundary line. (Ord. No. 904-88 § 25-5.5K; Ord. No. 1337-95 § 6) Comment [PG47]: moved to conditional use standards section 25-11.127 All Uses in the O-R District. A research laboratory such as an experimental or testing laboratory or a pharmaceutical laboratory for research, processing and compounding of drugs and medicines shall be permitted in the O-R District, provided that: a. The use will not create any nuisance beyond the boundaries of its lot by reason of the emission of dust, odors, fumes, noises, vibrations or excessive light. b. The use does not involve production of any commodity for sale or distribution at that location nor regular receipt of material and shipment of products, except, however, that the foregoing limitations and restrictions on the production, sale and distribution of commodities and the receipt

gular receipt of material and shipment of products, except, however, that the foregoing limitations and restrictions on the production, sale and distribution of commodities and the receipt and shipment of materials and products shall not apply in the case of a pharmaceutical laboratory for research development, processing and compounding of drugs and medicines, provided that such pharmaceutical laboratory shall comply in all respects to the other requirements of this chapter and all other applicable Township ordinances. c. Provision shall be made for adequate and suitable access facilities for traffic from public streets and sidewalks, and for directional signs, so as to assure the public safety and avoid traffic congestion. d. Provision shall be made for adequate and suitable planting and screening in buffer zone, pursuant to subsection 25-11.15. e. Provision shall be made for adequate and suitable planting and screening within the property adjacent to any street lines which bound the property, which screening and planting should be an appropriate mixture of evergreen and deciduous plant material so as not to conceal the buildings from the street. Furthermore, no plantings are to be located in the exit driveways which would interfere with the motorists' line of sight. f. Provision shall be made in the preliminary site and building plans for truck loading bays, which shall be enclosed entirely within the building, including interior truck service areas and driveways, and which shall be provided with entry and exit driveways for trucks on the rear facade of the building, i.e., on the side opposite from the principal public entrance. 49

DRAFT PROPOSED REVISIONS – OCTOBER 2011 g. Provision shall be made in the preliminary site plan for the general landscaping of all areas not specifically assigned to buildings, streets, private driveways and parking areas, and for the screening of parking areas and landscaping thereof as provided in subsection 25-12.1 between abutting lanes of parking spaces; all of which landscaping shall be compatible with landscaping standards that are customary for a residential estate type of development. h. Buffer Strip. In an O-R District, along any side or rear property line which is also the boundary line between such district and a residential district, a fifty (50) foot buffer strip shall be planted and maintained with trees and shrubbery of such sizes and density as to adequately screen the buildings from such abutting residential district. Planting shall consist of a minimum of fifty (50%) percent evergreen species. Comment [PG48]: addressed elsewhere in ordinance i. Indoor Storage and Loading. In an O-R District, no visible display of waste, trash or scrap and no open storage of material of any kind shall be permitted and in such districts provision shall be made for properly enclosed truck loading areas and bays entirely within the structure. j. Watchmen's Quarters. In an O-R District, residence quarters for watchmen or caretakers shall be permitted as an accessory use to the main building on the same lot. Comment [PG49]: outdated use (Ord. No. 904-88 § 25-5.5L) 25-11.138 Roof Equipment. Including but not limited to elevator towers, air conditioning units, microwave transmission unitssatellite dishes, and similar equipment in any zoning district other than single family shall be Comment [PG50]: satellite dishes a more screened with either a solid or decorative shield acceptable to the Planning Board or Zoning Board. relevant example No roof equipment shall exceed fifteen (15) feet in height. (Ord. No. 904-88 § 25-5.5M) 25-11.14 I or I-B District. a. In an Industrial or Industrial Business District, machine shops and research laboratories, experimental or testing,

feet in height. (Ord. No. 904-88 § 25-5.5M) 25-11.14 I or I-B District. a. In an Industrial or Industrial Business District, machine shops and research laboratories, experimental or testing, shall be permitted, provided that: 1. All phases of the operation, including processing, shipping and employee's parking, are accommodated on the same lot as the principal structure. 2. Only electric motor power is to be used outside of the building and no storage of any kind in the front or front side yard or within fifteen (15) feet of the rear side property lines. 3. There is no open storage of waste or scrap material. 4. There is no light, sound, vibration, or odor emission beyond the property lines. b. Watchmen's Quarters. In an I or I-B District residence quarters for watchmen or caretakers shall be permitted as an accessory use to the main building on the same lot. (Ord. No. 904-88 § 25-5.5N; Ord. No. 1337-95 § 7) Comment [PG51]: regulations moved elsewhere or deleted 25-11.159 P-C District. a. Buffer Strip. In a P-C district, along any side or rear property line which is also the boundary line between such district and a residential district, a seventy-five (75) foot buffer strip shall be planted and maintained with trees and shrubbery of such sizes and density as to adequately screen the buildings from such abutting residential district. Comment [PG52]: addressed elsewhere in ordinance b. Indoor Storage and Loading. In a P-C district, no visible display of waste, trash, scrap or material of any kind shall be permitted except that items offered for sale may be displayed in accordance with an overall plan to be included as part of the preliminary site plan, and in such districts provisions shall be made for properly enclosed truck loading areas and bays located entirely within the structure. 50

DRAFT PROPOSED REVISIONS – OCTOBER 2011 c. Watchmen's Quarters. In a P-C district, residence quarters for watchmen or caretakers will be permitted as an accessory use to the main building on the same lot. db. Shopping Centers. There shall be only one grouping of free standing signs identifying various outlets businesses within the center. Individual standing signs are prohibited. (Ord. No. 904-88 § 25-5.50) 25-11.16 OB-2 District. a. Retail Sales. Retail sales or services permitted as accessory uses in the OB-2 District shall be an integral part of the permitted office building, shall be limited to its sales or services designed for the convenience of the employees and tenants of the permitted building and shall be limited to ten (10%) percent of the gross floor area of the buildings or three thousand (3,000) square feet whichever is less. Furthermore, no goods, advertisements or other evidence of such sales or services shall be visible from the street. b. Accessory Buildings. Accessory buildings in the OB-2 District shall not exceed two (2) stories or twenty-five (25) feet in height and the area of such structures shall be included in computing maximum building coverage. c. Open Space. In the OB-2 Districts one (1) square foot of open space shall be provided for each square foot of building area except that not more than thirty (30%) percent of the lot may be covered by buildings or structures. Off-street parking areas are permitted within open space areas, provided, however, no accessory structure or off-street parking area shall be located within the front yard nor closer than ten (10) feet to the side or rear property lines. d. Planted Screen. Unless otherwise provided herein, a ten (10) foot wide planted screen consisting of evergreen plant material shall be installed adjacent to any residentially zoned property. (Ord. No. 904-88 § 25-5.5P) Comment [PG53]: addressed elsewhere in ordinance 25-11.1710 Sidewalk Cafes in the B-1 and B-2 Districts. Sidewalk cafes shall be permitted subject to the standards and conditions of Section 5-10 of Chapter V, General

ordinance 25-11.1710 Sidewalk Cafes in the B-1 and B-2 Districts. Sidewalk cafes shall be permitted subject to the standards and conditions of Section 5-10 of Chapter V, General Licensing, of the Revised General Ordinances of the Township of West Orange and in conjunction with the following conditions: a. Adequate access for emergency response personnel must be allowed to the main entrance of the serving establishment from the outdoor serving area as defined by Township fire regulations. b. Adequate sidewalk access (at least four (4) feet) must be maintained for easy passage of pedestrians on any public sidewalk or right-of-way. c. Some form of formal space delineation, such as a removal fence, may be required during cafe business hours to define sidewalk space from cafe space. d. Outdoor or patio type furniture must be used; upholstered furniture is prohibited. e. Street furniture (seating, tables, fencing, etc.) must be moved into the serving establishment when the outdoor cafe is not open for business. f. Cleanliness of the outdoor serving area is the responsibility of the serving establishment. g. Signage, in addition, to that permitted for the serving establishment pursuant to Section 25- 15, is prohibited. h. All proposed sidewalk cafes shall be subject to review and approval of the West Orange Planning Board Technical Review Subcommittee (TRS). 51

DRAFT PROPOSED REVISIONS – OCTOBER 2011 i. A sketch showing the proposed location of tables, chairs and umbrellas shall be prepared and submitted to the Director of Planning and Development for approval prior to the use of the sidewalk area. j. The use of the described locations shall be authorized by a sidewalk cafe permit issued by the Director of Planning upon compliance by the applicant with the requirements of this paragraph and the payment of an annual fee of fifty ($50.00) dollars. k. Any permit issued by the Director of Planning shall designate the hours of operation of any sidewalk cafe but in no event may a sidewalk cafe remain open after 11:00 p.m. on Sunday through Thursday or after 12:00 midnight on Friday, Saturday and legal holidays. l. Nothing herein shall be deemed to be a waiver of the provisions of any health and/or licensing ordinance regulating the operation of a sidewalk cafe. (Ord. No. 904-88 § 25-5.5Q; Ord. No. 1166-93) 25-11.1811 Outdoor Sales. a. It shall be unlawful for any person, firm, corporation, merchant, club, association, group, charitable institution or organization to conduct an outdoor sale as defined herein within any business or commercial zone district without first having obtained a permit from the Zoning Officer for that purpose as hereinafter provided: 1. An application for a permit to conduct an outdoor sale shall be made at least fifteen (15) days prior to the sale, and shall be issued for not more than three (3) consecutive days. No person or entity shall be entitled to more than three (3) permits during a twelve (12) month period. Appropriate provisions for alternate days because of inclement weather shall be made at the time of application for the permit. No applicant, who has already been issued a permit shall be issued a permit for a period to commence within fifteen (15) days of the termination of any previously issued permit to that applicant for a particular location. The following information shall be provided and filed with the Zoning Officer prior to the issuance of a permit: (a) The name, address and phone number of the person, firm, corporation, club, association, group, charitable institution

er prior to the issuance of a permit: (a) The name, address and phone number of the person, firm, corporation, club, association, group, charitable institution or organization conducting the sale. (b) The name, address and phone number of a designated "contact person." This person will be contacted if there are any violations of this subsection during the sale. The contact person shall sign the application. (c) The name and address of the owner of the property on which the sale is to be conducted, together with the consent in writing by the owner. (d) The location and times of such sale. (e) The date or dates of the sale. (f) An affirmation or sworn statement by the person signing that the information given is true and correct. 2. The fee for a permit for an outdoor sale for a commercial or any for profit organization shall be fifty one hundred ($5100.00) dollars. The fee for a permit for a bona fide not for profit organization or charity shall be twenty-five ($25.00) dollars. If more than one (1) person, firm, corporation, merchant, club, association, group, charitable institution or organization is participating in the sale, each participant shall pay a permit fee. Each permit shall be posted so as to be at the location, and for the duration, of the sale. 3. No street or vehicle right-of-way within the confines of the location of the sale shall be blocked or obstructed by any merchandise offered for sale. A three (3) foot passageway for pedestrians on public sidewalks shall be left open, and merchandise shall be securely and 52

DRAFT PROPOSED REVISIONS – OCTOBER 2011 adequately placed so that it will not endanger passersby. Such sales shall not be operated in any manner which would cause a nuisance or create a fire hazard. 4. Outdoor sales shall be conducted only in commercial and business zoning districts and only between the hours of 9:00 a.m. and 9:00 p.m., exclusively of set up and disassembling time. 5. Any signage specifically for the outdoor sale shall require a temporary sign permit which shall be in effect only for three (3) days prior to, and the days of, the permitted sale and any signage shall comply with the rules and regulations regarding signage in the Land Use Regulations for the Township, and shall be removed within twenty-four (24) hours after the end of such permit. 6. The following persons and sales shall be excepted from this subsection: Persons selling goods according to an order or process of a court of competent jurisdiction; persons acting in accordance with their duties and powers as public officials; those conducting "garage sales" in residential zones in accordance with the "Garage Sale Ordinance." 7. If food or food stuffs will be sold, an additional permit therefor shall be obtained from the Township Health Department. 8. This subsection shall be enforced by the Zoning Officer or his or her designee and the Police Department. It shall be the duty of the Zoning Officer and/or Police Department to investigate any possible violations of this subsection. It shall also be the duty of all departments, officers and employees of the Township to bring to the attention of the Zoning Officer any violations of this subsection of which they become aware. 9. The holder of a permit and any agents, servants or employees of the holder shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. 10. Any person, firm, corporation, merchant, club, association, group, charitable institution or organization who shall violate any of the terms or regulation of this subsection may have their permit summarily revoked by the Zoning Officer. In