Conference/Public Meeting Agendas/Documents — Packet

[3] For either usage, the minimum setback as provided for herein shall include a twenty (20)-foot landscaped buffer, which will provide a year-round visual screen. [d] Minimum setbacks from any residential uses shall be as follows: [1] One hundred twenty-five (125) feet from any structure on the property in the development hereunder, to the property line. [2] Fifty (50) feet from any parking lot to be used in conjunction with any such structure, to the property line. [3] For either usage, the minimum setback as provided for herein shall include a fifty (50)-foot landscaped buffer, which will provide a year-round visual screen. [e] The maximum building height shall be fifty-five (55) feet, when measured from the average grade around the perimeter of the building to the midpoint of the roof. [f] The maximum number of stories shall be three (3). (11) For any common open space reserved for the benefit of the residents of the development, the developer shall establish an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved nor shall it dispose of any common space by sale or otherwise (except to an organization conceived and established to own and maintain the common open space without first offering to donate same to the Township). 2. Business and Industrial Districts. (a) Theater. In a Business District, a theater, provided that the location of such use is deemed by the Board to be appropriate to its immediate neighborhood and subject to such conditions and safeguards as the Board may impose with respect to, among other matters, the location and adequacy of entrances and the exits to parking area required by this chapter, so as to assure the public safety, and provided further that when such use abuts any residential district, the

f entrances and the exits to parking area required by this chapter, so as to assure the public safety, and provided further that when such use abuts any residential district, the parking area or areas shall be suitably screened as to protect adjacent residential properties. (b) Bowling Alley or Billiard Parlor in an Industrial District. A billiard parlor or a bowling alley or a combination thereof, provided that the location of the use is deemed by the Planning Board to be appropriate to its immediate neighborhood, and subject to such conditions and safeguards as the Board may impose with respect to, among other matters, the location and adequacy of entrance and exits to parking areas required by this chapter, so as to assure the public safety, and further provided that when such use abuts any residential district, the parking area or areas shall be suitably screened so as to protect adjacent residential properties. (c) Commercial Recreation. (1) All buildings and outdoor recreation facilities shall be set back at least one hundred twenty-five (125) feet from any property line and all parking areas, parking access aisles and accessory buildings shall be set back at least seventy-five (75) feet from any property line. (2) There shall be a fifty (50) foot wide buffer adjacent to all property lines, within the required setback, which shall consist of natural vegetation and, if required by the Planning Board or Board of Adjustment, new vegetation to supplement the existing vegetation. 102

(3) The required setbacks and buffers for outdoor recreation facilities that are lighted for evening use shall be increased by one hundred percent (100%) over the above requirements. The use of outdoor recreation facilities shall not be permitted after 11:00 p.m. (4) A landscape plan, which provides substantial buffering of the parking area, must be approved by the Planning Board or Board of Adjustment and kept on file in the Department of Planning and Development. All plantings shall be maintained in perpetuity and all plants must be replaced in kind when necessary. (d) Hotel. In any B (Business) District, a hotel on a land area of five (5) acres or more in extent, provided that such use be approved by the Public Health Department, and subject to such conditions and safeguards as the Planning Board may impose with respect to, among other matters, the location and adequacy of entrances and exits so as to assure the safety of vehicular traffic, and the provision of buffers or minimum required lot area of two thousand five hundred (2,500) square feet per guest room or suite, a maximum building coverage of twenty (20%) percent and a maximum of forty (40%) percent impervious surface. (e) Commercial antenna. In a business, commercial or industrial district, a commercial antenna shall be permitted as a conditional use and shall satisfy the following requirements: (1) The applicant shall submit a site plan and appropriate engineering drawings, as well as a statement certified by a qualified engineer indicating the projected effective radiated power of all transmitted signals, the probable radiation pattern and an analysis of any potential for reception interference by electronic receiving devices of good design to the Planning Board or Board of Adjustment (“the Board”), as appropriate. Approval shall not be denied on the grounds of reception interference. Approval of a commercial antenna may be granted by the Board upon a finding that the proposed commercial antenna is structurally sound, that the antenna does not result in an undue concentration of commercial antennas in a particular location, and

ding that the proposed commercial antenna is structurally sound, that the antenna does not result in an undue concentration of commercial antennas in a particular location, and that the antenna meets the height limitations hereinafter set forth. (2) Applications to the Board for approval of a commercial antenna shall clearly state the number, location and size of all radiating elements. The addition or change in location of any radiating element or elements after Board approval shall be preceded by the submission of a new application for approval which shall set forth the number, location and size of any such addition or change in location of a radiating element and any necessary amendments to prior documents, including the engineering report with respect to radiation. (3) Each application for Board approval hereunder shall include, if not heretofore placed on file with the Board, a true copy of applicant's FCC approvals relating to existing or proposed operation with the Township of West Orange obtained within three (3) years of the application. After the date of filing of the application with the Board and thereafter, unless approval is finally denied, applicant shall promptly serve on the Board a true copy of each FCC approval made by applicant. (4) No commercial antenna shall exceed a height of two hundred (200) feet. (5) The minimum setback for a commercial antenna from all property lines shall be one and one-half times the height of the antenna. 103

(f) Senior Citizens Housing Project. In an R-G, R-M, OB-2, B-1 and B-2 District, a senior citizen housing project shall be permitted only as a conditional use authorized in each case by the Planning Board and subject to the following conditions: (1) A senior citizen housing project shall be specifically designed and constructed for the use of elderly or handicapped families, the head of which and/or his or her spouse is sixty-two (62) years of age or older or is handicapped; and such term also means a single person who is sixty-two (62) years of age or older, or is handicapped. A person shall be considered handicapped if he or she has a physical impairment as defined by Regulations published by the Social Security Administration. (2) Uses incidental, necessary and appropriate to such housing for the benefit and well being of the occupants thereof shall also be permitted. (3) A Senior Citizens Housing Project shall meet the following requirements: (i) Each structure shall have a maximum height of thirty-five (35) feet. (ii) The minimum lot area for each structure shall be two (2) acres. (iii) The minimum lot area per unit shall be five hundred (500) square feet. (iv) The minimum lot width shall be one hundred fifty (150) feet. (v) The minimum front yard shall be thirty (30) feet. (vi) The minimum side yards shall be thirty (30) feet and thirty (30) feet. (vii) The minimum rear yard shall be thirty (30) feet. (viii) The maximum building coverage shall be nineteen (19%) percent. (ix) Adequate provision for parking shall be provided in accordance with Section 25-12 of this chapter. (g) Motor Vehicle Fueling Stations. (1) Applications for conditional uses as motor fuel filling stations shall be governed by all other applicable provisions of this chapter. (2) Anything in this chapter to the contrary notwithstanding, the Planning Board shall not order, direct or authorize the issuance of a permit to use any building, structure or premises as or for a motor fuel filling station unless: (i) The lot or parcel of land so to

, direct or authorize the issuance of a permit to use any building, structure or premises as or for a motor fuel filling station unless: (i) The lot or parcel of land so to be used has a street frontage of at least one hundred fifty (150) feet and an average depth of at least one hundred seventy-five (175) feet expect in the case of a corner lot where the street frontage and depth shall each be at least one hundred seventy-five (175) feet. (ii) The walls of the building or structure are set back at least forty (40) feet from the front street property line and at least twenty-five (25) feet from every adjoining property line. (iii) The entrance and exit driveway or driveways are at least twenty-five (25) feet wide and ten (10) feet from the adjoining property line and at least fifty (50) feet from the point of intersection of the right-of-way lines. (iv) Every gasoline, diesel or oil tank, pump, lift, filling, greasing or other device, appliance or apparatus is located at least twenty-five (25) feet from any street right-of-way line and at least fifteen (15) feet from the side and rear lines of the premises. 104

(v) All storage tanks shall be installed below ground level with the exception of drainings, which may be stored in tanks or drums outside the building, until removed from the premises. (vi) The nearest boundary line of the lot or parcel of land so to be used is at least five hundred (500) feet, measured in a straight line from any boundary line of property which is used as, or upon which is erected: A public or private school A church or other place of worship A hospital A public library, public art museum or other public building A firehouse or fire station A senior citizen housing project A nursing home (vii) No facilities shall be installed or maintained for the servicing of vehicles upon the public street. No work shall be performed on any vehicle on a public street. No vehicle shall be stored or parked on a public street or right-of-way while awaiting repairs. (viii) The Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, the minimizing of traffic congestion by appropriate arrangement of entrances and exits to assure public safety, and the provision of screening so as to protect adjacent residential properties. (h) Video Arcade or Amusement Arcade. A video arcade or amusement arcade shall be a conditional use in an I, PC, B1 and 2 Zoning District subject to the following conditions: (1) The structure housing a video arcade or amusement arcade shall be a minimum of one thousand two hundred fifty (1,250) feet from the property line to property line at the nearest point of any school and/or house of worship. (2) There shall be no more than one (1) video arcade or amusement arcade in any structure. (3) A maximum of five (5) of any combination of mechanical amusement devices or other similar player-operated amusement devices shall be permitted in a video arcade or amusement arcade. (4)

(5) of any combination of mechanical amusement devices or other similar player-operated amusement devices shall be permitted in a video arcade or amusement arcade. (4) Appropriate lighting, both indoor and outdoor, to insure the safety of patrons must be provided. (5) The video arcade or amusement arcade shall comply with all West Orange ordinances with respect to signage. In addition, there will be no signs illuminated in any manner so as to make them appear to be flashing. (6) The operation of the video arcade or amusement arcade shall not cause a disturbance to the public including but not limited to noise, nuisance or loitering. (7) A video arcade or amusement arcade shall be monitored during all hours of operation by an individual whose duties shall include assuring the safety of arcade patrons. (8) A video arcade or amusement arcade shall contain a minimum of fifty (50) square feet of floor area per each mechanical amusement device or similar player operated device. 105

(i) Fast Food Restaurant. A fast food restaurant shall be permitted in a B-1 or B-2 District as a conditional use if the following requirements are satisfied: (1) A site plan, prepared by a New Jersey licensed architect or engineer, shall be submitted to the Planning or Zoning Board, as required by this chapter and State law, and the plan shall show all standards, established herein for fast food restaurant operation as a conditional use, have been satisfied. (2) No part of any building or structure used as a fast food restaurant nor any driveway entrance or exit to or from the same shall be located within five hundred (500) feet of any line of any lot upon which is located another fast food restaurant. (3) No part of any building or structure used as a fast food restaurant shall be located within one thousand (1,000) feet of any residential district boundary line. (4) The minimum size for any lot upon which any fast food restaurant is located shall be thirty thousand (30,000) square feet, and the minimum street frontage of such lot shall be two hundred (200) feet. If a fast food restaurant is located on a corner lot, the minimum street frontage on each street shall be two hundred (200) feet. (5) Entrance and exit driveways to and from any lot upon which is located a fast food restaurant shall have an unrestricted width of not less than twenty-four (24) feet nor more than thirty (30) feet, shall be located not nearer than twenty (20) feet to any lot line and shall be so designed to avoid the need for any existing vehicle to back across or into any portion of a public sidewalk or street. (6) The minimum distance between driveways on a lot upon which is located a fast food restaurant shall be one hundred (100) feet, measured from the two (2) closest driveway curbs. (7) The minimum distance of any driveway into the street, of a lot upon which a fast food restaurant is located, from a street intersection shall be one hundred (100) feet, measured from the nearest end of the curb radius of the intersection to the nearest end of the curb

rant is located, from a street intersection shall be one hundred (100) feet, measured from the nearest end of the curb radius of the intersection to the nearest end of the curb radius of the driveway. (8) Lanes for automobile service windows of fast food restaurants shall be physically separated from the traffic circulation system on the site by concrete curbed and landscaped islands with a minimum width of five (5) feet for landscaping. The lanes shall permit the stacking of a minimum of ten (10) vehicles at one (1) time. (9) All fast food restaurants shall provide suitable areas for storage of trash, designed and constructed to allow no view of the trash storage from the street, to prevent trash from blowing around the site onto adjacent properties or public rights-of-way and to permit safe removal of trash. (10) All fast food restaurants shall provide parking (i) at a ratio of at least one (1) off-street parking space for every thirty (30) square feet in the entire establishment (kitchen, storage, etc.) or (ii) one (1) space for every three (3) seats, whichever is greater. (11) Any lot on which is located a fast food restaurant must comply with the front yard, side yard, and rear yard requirements for the B-1 or B-2 District in which the lot is located. (j) Sexually Oriented Businesses. 106