Conference/Public Meeting Agendas/Documents — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (iii) Masturbation, actual or simulated; and (iv) Excreta functions as part of or in connection with any of the activities set forth in the definition of specified sexual activities above. Tattoo parlor shall mean any establishment, shop or operation wherein a tattoo is removed from or affixed upon the surface of a human body. (3) Location of Sexually Oriented Businesses. (i) A person violates this ordinance if he/she operates or causes to be operated a sexually oriented business within five hundred (500) feet of: [a] Places of public worship, including but not limited to any church, synagogue, temple; [b] Any school or other place of instruction, whether public or private, including but not limited to any elementary or secondary school or any school bus stop; [c] Any municipal or county playground or place of public resort and recreation; [d] Any mental or physical health care provider or facility; [e] Any individual residence or residential district; [f] A boundary of any zone, as defined by the Land Use Regulations of the Township of West Orange, in which residential uses are permitted; [g] Any day-care center or similar facility for pre-school children; [h] Any other sexually oriented business; and [i] Any hospital. (ii) Measurement shall be made in a straight line without regard to intervening structures or objects, from the nearest point of the property line of the parcel of land upon which the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises devoted to residential use or another sexually oriented business, which is used for a purpose set forth herein. (iii) Every sexually oriented business shall be surrounded by a perimeter buffer of at least fifty (50) feet in width with plantings, fence, or other physical divider along the outside of the perimeter sufficient

hall be surrounded by a perimeter buffer of at least fifty (50) feet in width with plantings, fence, or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located. (iv) No sexually oriented business shall display more than two (2) exterior signs, consisting of one (1) identification sign and one (1) sign giving notice that the premises are off limits to minors. The combined signage shall be no more than forty (40) square feet in size. In addition, the signage shall comply with the Township Zoning Ordinance, but in no event, shall the total square footage of both signs exceed forty (40) square feet in the aggregate. (4) Development Standards. (i) Buildings used for sexually oriented businesses shall meet all applicable safety standards of the Township, including but not limited 129

DRAFT PROPOSED REVISIONS – OCTOBER 2011 to adequate fireproofing of walls, floors, ceilings, adequate fire escapes and exits and adequate fireproofing of all book storage areas. (ii) All zone requirements for setbacks, building height, buffers, signs, parking and the like shall be complied with. (iii) All site improvements and site design shall conform to the re- quirements prescribed under subsection 25-40.2 of the Land Use Regulations of the Township of West Orange. (iv) The interior of the sexually oriented business shall be adequately lighted and constructed so that every portion thereof, except for restroom(s) and areas restricted to employees, is readily visible to the clerk or other supervisory personnel from the counter or other regular stations. (v) Obscene materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other areas, public or semi-public. (vi) No loudspeakers or sound equipment shall be used for adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, "Go-Go" entertainment business, massage parlor, sex club, or tattoo parlor as defined herein. (vii) No building, premises, structure or other facility that contains any sexually oriented business shall contain any other kind of sexually oriented business, regardless of the provisions of paragraph b, 2(l)(3)(i)[f] of this ordinance. (viii) The lighting on the inside and the outside of the building must be approved by the Township Engineering Department. (ix) There must be security personnel and procedures on the premises and in effect during all business hours. All such procedures and personnel must be approved in advance by the Chief of Police. (x) The sexually oriented business must provide off-street parking spaces at a ratio of one (1) space for every three (3) seats or one (1) space for every thirty (30) square feet in the entire establishment (kitchen, storage,

spaces at a ratio of one (1) space for every three (3) seats or one (1) space for every thirty (30) square feet in the entire establishment (kitchen, storage, etc.), whichever is greater. (5) Use Regulations. (i) No person under the age of eighteen (18) shall be permitted into any sexually oriented business premises at any time for any purpose. A sign conspicuously posted shall give notice of this regulation. (ii) The sexually oriented business must close no later than 12:00 a.m. and remain closed until 11:00 a.m. the same day, on weekdays and Saturdays. All sexually oriented business shall be closed on Sundays. (iii) No smoking is permitted in any sexually oriented business. No consumption of alcoholic beverages is permitted at any time in any sexually oriented business. (iv) The operation of a sexually oriented business must not be a disturbance to the public, create a nuisance or contribute to loitering by individuals outside the premises including patrons waiting to enter. 130

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (v) Any dancing that takes place at a sexually oriented business must take place on a platform or stage at least twenty (20) feet from the sitting area for patrons. The platform or stage must have at least fifty (50) square feet for each performer and no more than three (3) persons may be performing at any one (1) time. There shall only be one (1) platform or stage in each establishment and it must be structurally sound and inspected by the Construction Official. Permanent stairs constructed in accordance with law must be installed to the platform or stage. (6) Enforcement. (i) Except as otherwise provided by State statute, any person violating any provision of this ordinance, upon conviction, is punishable by a fine not to exceed one thousand ($1,000.00) dollars or a term of imprisonment not to exceed ninety (90) days, or both. In no event shall any person violating this ordinance, upon conviction, receive a fine below the amount of one hundred ($100.00) dollars. In addition, the Town-ship may authorize the Law Department to file an action in any court of competent jurisdiction to remove or abate any violation of this ordinance. (ii) Each day a sexually oriented business is operating in violation of any provision of this ordinance shall be deemed a separate offense under this ordinance. (km) Check Cashing Facilityies. Check cashing facilities shall be permitted in the OB-1 Central Business District Overlay Zone as a conditional use but only after the following requirements are satisfied: (1) Off-street parking spaces with a ratio of one (1) space for every twenty (20) square feet, and a minimum of twenty-five (25) off-street parking spaces must be provided with a fifteen (15) minute parking limit to prevent loitering. (2) The lighting on the inside and outside of the facility must be approved by the Township Engineering Department. The lighting in the parking lot must be high enough

ng. (2) The lighting on the inside and outside of the facility must be approved by the Township Engineering Department. The lighting in the parking lot must be high enough in intensity to provide adequate security to patrons but shall be shielded as to not interfere with the neighboring properties. (3) The establishment shall have an interior vestibule with a double set of security doors operated by electronic signal for admittance. (4) All windows and teller booths shall be installed with one (1) inch bullet-proof glass. (5) Security cameras shall be installed which provide interior and exterior surveillance. (6) An alarm system shall be installed and connected directly to the West Orange Police Department with a panic button in each teller booth. (7) There must be security personnel and procedures on the premises and in effect during all business hours. All such procedures and personnel must be approved in advance by the West Orange Police Department. (8) The establishment shall close no later than 6:00 p.m. and open no earlier than 6:00 a.m. (Ord. No. 904-88 § 25-6.2; Ord. No. 989-89 § 1; Ord. No. 1102-91 § 1; Ord. No. 1144-92; Ord. No. 1189 § 3; Ord. No. 1191 § 3; Ord. No. 1224-93; Ord. No. 131

DRAFT PROPOSED REVISIONS – OCTOBER 2011 1236-94; Ord. No. 1337-95; Ord. No. 1338-95 § 2; Ord. No. 1409-96 § 1; Ord. No. 1423 § 2; Ord. No. 1485-97 § 1; Ord. No. 1536-98 §§ I-VI; Ord. No. 1859- 02 § II; Ord. No. 1874-03; Ord. No. 1932-04 § II) (l) Motor Vehicle Sales Establishment. (1) The minimum lot area shall be forty thousand (40,000) square feet. (2) The minimum lot width shall be two hundred (200) feet. (3) The minimum front yard shall be fifty (50) feet. (4) The minimum side yards shall be twenty (20) feet and twenty (20) feet. (5) The minimum rear yard shall be fifty (50) feet. (6) The display or sale of motor vehicles outside the confines of a building shall only be permitted in compliance with the following requirements: (i) The area devoted to such use shall not be larger than the gross floor area of the principal building in which the primary or predominant use is conducted. (ii) 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. (iii) 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. (iv) The area permitted for the use shall at all times be clearly and legibly marked on the required paved surface. (v) 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

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. 25-24.3 Reserved.Main Street Revitalization Provision. (Central Business District Area.) a. Statement of Intent. It is the intent and purpose of these regulations to: 1. Enhance and preserve the heritage of the Township aiding in the preservation of structures in a certain area of the Township which reflects elements of its economic, political, cultural, social and architectural history. 2. Stabilize and improve property values. 3. Foster civic beauty and pride. 4. Promote the use of a central business district area for the education, pleasure, and welfare of both citizens of the Township and its visitors by insuring a harmonious setting and orderly and efficient growth of the Township by preserving a unified area which contains a number of historic and architecturally significant buildings, structures, and historic landmarks while improving property values throughout the Township while supporting and strengthening the economy and viability of those businesses located within the central business preservation district. 132

DRAFT PROPOSED REVISIONS – OCTOBER 2011 b. Description and Delineation of Central Business District Areas. This subsection shall apply to all parcels of land designated as the Central Business District Area as shown on the official zoning map of the Township. c. Applicability of the Main Street Ordinance. All regulations, requirements, prohibition, and zoning provision contained in this subsection shall be in addition to any other ordinance or zoning requirement of the Township. In the event of any inconsistencies, the provisions of this subsection shall prevail. d. Regulation for Building Permits. No building or structure shall be erected, reconstructed, altered, rehabilitated, restored, moved or demolished within the Central Business District, and no sign, light, fence, wall or other appurtenant fixture shall be erected or displayed on any lot, building or structure located within the District until after the application for a building permit has received an architectural review certification from the Township Planner or his/her designee. The designee, if applicable, shall be appointed on an annual basis. Every application for a building permit for a building located or to be located within the District shall be accompanied by plans for the proposed change. As used herein, plans shall mean drawings with sufficient detail to show, as far as they relate to exterior appearance, the architectural design of the building, including all site improvements or features such as walls, walks, plantings, signs, lights and other appurtenances. Such plans shall be forwarded by the Construction Official to the Township Planner for architectural review certification. The Township Planner shall issue a certification of approval or letter of denial within five (5) business days from the date that the application for building permit was filed with the Municipal Code Enforcement Officer. This time period may be extended at the request of the applicant. If within the five (5) business day period architectural review certification is denied, a permit shall not be issued by the Construction Official. If a letter of denial has not been issued within five (5) business days from the filing date of the application, the application shall be deemed to have

issued by the Construction Official. If a letter of denial has not been issued within five (5) business days from the filing date of the application, the application shall be deemed to have been certified and approved. Each letter of denial shall contain a concise list of specific objections regarding the denial of certification. The letter of denial may contain a list of acceptable alternatives as to any specific objections. e. Regulations for Application before Zoning Board of Adjustment or Planning Board. Any application filed with the Zoning Board of Adjustment or the Planning Board which proposes as part of the application, the erection, reconstruction, alteration, restoration, rehabilitation or demolition of any structure, signs, lights, fences or walls or appurtenant fixtures on property located within the Central Business District shall be forwarded to the Township Planner for review and architectural certification. The application shall include drawings with sufficient detail to show, as far as they relate to exterior appearance, the architectural design of the building, including proposed materials, textures, and colors, and the plot plan or site layout, including all site improvements or features such as walls, walks, plantings, signs, lights and other appurtenances. The Township Planner shall issue a certification of approval or letter of denial within ten (10) business days from the date that the application was filed with the Zoning Board or Planning Board. This time may be extended at the request of the applicant. If within the ten (10) business day period architectural review certification is denied, the application shall be deemed incomplete and no further action shall be taken on the application by the Zoning Board or Planning Board until architectural certification has been received. 133