Conference/Public Meeting Agendas/Documents — Packet

construction. m. To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land. n. To promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources. 1

o. To protect, conserve and preserve the unique character and history of the Township's residential areas. Particular attention is drawn to the area known as the Llewellyn Park, America's first planned residential community and the Prospect Ridge area with its scenic beauty and natural wooded geological resources. (Ord. No. 904-88 § 25-2.1; Ord. No. 941-88) 25-2.2 Intent. a. This chapter is intended to reflect and comply with the enabling act, N.J.S.A. 40:55D-2, et seq. and the Master Plan adopted by the Planning Board, except where specifically noted to the contrary. All questions as to the meaning or intent of a particular section, paragraph or term in this chapter shall be resolved by referring to the Municipal Land Use Law and the Master Plan. b. No provision contained herein shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on the Township map, nor as justifying the infringement or setting aside of any regulation or decision adopted by the Planning Board or Zoning Board. (Ord. No. 904-88 § 25-2.2) 25-3 ZONE DISTRICTS AND MAP. 25-3.1 Zone Districts. For the purposes of this chapter the Township is divided into twenty-four (24) districts as follows: R-1 District One-family dwellings on 80,000 square foot lots R-2 District One-family dwellings on 40,000 square foot lots R-3 District One-family dwellings on 20,000 square foot lots R-3AH District One-family dwellings (See Section 25-31 for size of lots) R-4 District One-family dwellings on 15,000 square foot lots R-5 District One-family dwellings on 10,000 square foot lots R-6 District One-family dwellings on 6,000 square foot lots R-T District Two-family dwellings on 7,500 square foot lots R-G District Garden apartments R-M District Multi-family residences OB-1 District Office building OB-2 District Office building B-1 District Retail business B-2 District General business P-C District Planned Commercial O-R District Office Research I District Industry PURD District Planned Unit Residential Development

ct Planned Commercial O-R District Office Research I District Industry PURD District Planned Unit Residential Development 2

RC District Residential Cluster Development C District Conservation (Over Lay Zone) CBD District Central Business District (Over Lay Zone) West Orange Downtown Redevelopment Area Organon Redevelopment Area Valley Road Area (Harvard Press) Redevelopment Area (Ord. No. 904-88 § 25-3.1; Ord. No. 1144-92; Ord. No. 1337-95 § 1) 25-3.2 Zone Map and Table of District Regulations.* a. District locations and boundaries are established as shown and delineated on the "Zoning District Map of the Township of West Orange," referred to as "Zoning District Map." The map accompanying this chapter is hereby declared to be part hereof and the Zone Districts so bounded and defined are hereby established. The bulk and use regulations for each district are established in the Table of District Regulations which also accompanies this chapter. b. District boundary lines follow the center lines of streets and similar rights-of-way, or lot lines, unless a specified dimension on the Zoning Map indicates otherwise. c. In case of uncertainty as to the true location of a district boundary line, the determination shall be made by the Zoning Officer. An appeal may also be taken to the Zoning Board as provided in N.J.S.A. 40:55D-70. d. Any use not specifically permitted in a zoning district established by this chapter is hereby expressly prohibited from that district. 25-4 DEFINITIONS. a. Meaning of Certain Terms. 1. The word "use" and the word "used" refer to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use; and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use, or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same. 2. The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. 3. Any word or term not defined in this chapter or the New Jersey Municipal Land Use

icates a mandatory requirement, and the term "may" indicates a permissive action. 3. Any word or term not defined in this chapter or the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-3–40:55D-7, shall be used with a meaning of standard usage for the context in which the word is used. b. Specific Definitions. Accessory building or structure shall mean a subordinate building or structure on the same lot with a main building or portion of the main building, occupied or devoted exclusively to a permitted accessory use. Where an accessory building is attached to a main building in a substantial manner by a wall or roof, such accessory building shall be considered part of the main building. * Editor's Note: The official Zoning District Map and the Table of District Regulations of the Township of West Orange are found at the end of this chapter. 3

Accessory use shall mean use naturally and normally incident and subordinate to the principal use of the premises or lot. The following uses are not accessory uses and are prohibited: 1. The dismantling, assembly or repair of a vehicle other than one belonging to a member of the resident household in any Residential Zoning District and any Nonresidential Zoning District where such use is not permitted. 2. The outdoor storage of motor vehicle parts or accessories in any Residential Zone. 3. An airport, aircraft landing strip, or heliport in any Zoning District. 4. Outdoor bins for the collection of used clothing, shoes, household items or other goods. Administrative officer for purposes of this chapter shall mean the Director of Planning and Development. Alteration of building or structure shall mean a change in the supporting members of a building or structure; an addition, diminution, or the moving of a building from one (1) location to another. Antenna shall mean any device specifically designed for the reception or transmission or both of radio frequency signals, but not including receivers, transmitters and transmission lines. 1. Antenna support shall mean any mechanical or structural elements whose specific purpose is to support and maintain an antenna at an elevated point. 2. Commercial antennas shall mean any combination of antenna support, accessory structures and buildings, and antennas designed in whole or in part for the reception and/or transmission of radio frequency energy as a part of a licensed radio, TV or microwave facility employed for commercial use. Commercial antennas shall include such services as are employed by nonprofit or religious stations not licensed under the amateur or CB regulations of the Federal Communications Commission, but shall not include wireless telecommunications antennas. 3. Height. The height of any antenna shall be measured from the mean grade of the surrounding terrain to a radius of fifty (50) feet and up to and including the highest point of the antenna or antenna support whichever is more elevated. Height shall be measured from mean grade ground level regardless of whether or not the antenna support is mounted on an existing structure or extends to ground level. 4. FCC Application shall mean and include any application or other

ground level regardless of whether or not the antenna support is mounted on an existing structure or extends to ground level. 4. FCC Application shall mean and include any application or other request to the Federal Communications Commission for a license, certificate, waiver, special temporary authorization, or any other instrument of authorization issued by the FCC pursuant to Title I and/or Title II of the Communications Act of 1934. 5. FCC filing shall mean and include any application including all attachments, exhibits, appendices, memoranda, amendments, supplements, and comments, correspondence (addressed to the Commission individual comments or objections of other parties, including but not limited to informal objections, petitions to deny, proposed findings of fact, conclusions of law, and briefs on appeal), initial decisions of administrative law judges, decision of Commission, notices of appeal, briefs (including other documents on appeal), and all other matters. 6. Personal Communications Antenna shall mean an antenna used exclusively for the reception and transmission of radio frequency signals by an individual or association licensed under 47 C.F. R Part 95 (Citizens Band) of the regulations issued by the FCC or any amendments, revisions or substitutions thereof. 7. Radiating element shall mean the part of an antenna which is connected to the transmission line and directly radiates electromagnetic energy into space. 4

8. Wireless telecommunications antenna shall mean a type of antenna that is used specifically for the purpose of providing wireless telecommunications services. 9. Wireless telecommunications services shall mean the offering of personal wireless telecommunications, as regulated in the Federal Telecommunications Act of 1996, for a fee directly to the public, or to such classes of users as to be effectively available directly to the public. Wireless telecommunications services include those services such as cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or may be developed in the future. Applicant shall mean an individual, partnership, corporate or other legal entity, submitting an application for development. Application for development shall mean the application form and all accompanying documents required by ordinance for approval of subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36 of the Municipal Land Use Law. As built drawings shall mean a site plan, building plans and elevations of the site and building or structure, drawn by a New Jersey licensed land surveyor, New Jersey licensed engineer, or a New Jersey licensed architect, whoever is appropriate, which depicts the project as it is built and indicates all the deviations, if any, from the approved site plan and the resolution memorializing the approval of the Planning Board or the Zoning Board. The deviations must be listed in a box on each sheet where such deviations occur. The "as built" drawings shall indicate all structures and all site improvements, including but not limited to, signs, curbs, utilities, sewers, parking areas, landscaping and lighting. Assisted living shall mean a facility which is licensed by the State of New Jersey, as an Assisted Living Facility, to provide apartment style housing and congregate dining and to assure that assisted living services are available when needed, for four (4) or more adult persons unrelated to the proprietor. Apartment units offer at a minimum, one (1) furnished room, a private bathroom, a kitchenette without a stove, and a lockable door on the unit entrance. Awning shall

rsons unrelated to the proprietor. Apartment units offer at a minimum, one (1) furnished room, a private bathroom, a kitchenette without a stove, and a lockable door on the unit entrance. Awning shall mean a roof-like cover generally made of cloth, canvas or similar material that projects from the wall of a building for the purpose of shielding a doorway or window and which may be retractable. Bar shall mean a place of business duly licensed by the Alcoholic Beverages Control Board for the sale and on-premises consumption of alcoholic beverages by the drink as the principal or primary use, whether or not food service is also provided. For the purposes of this chapter, a “bar” shall also be deemed a “restaurant” only if food is prepared, served and consumed on the premises. Basement shall mean that portion of a building, which is partly below and partly above grade, and having more than one-half (1/2) its height above grade. Bedroom shall mean any separate room other than a living room, dining room, kitchen or bathroom. Board of Adjustment — see Zoning Board of Adjustment. Buffer strip shall mean an area located adjacent to a property line which shall be suitably landscaped and planted to provide an attractive year-round visual and physical separation between the buildings and uses on the property and adjoining lots and streets. Building shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof. 5

Building ground coverage shall mean the horizontal area of the ground floor of all buildings, measured between exterior faces of foundation walls, but excluding the area of unroofed porches and terraces. Billboard shall mean a nonconforming sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location or locations other than the premises on which the sign is located. Canopy shall mean a non-retractable structure that permanently projects from the wall of a building, to shield a doorway, window or sidewalk, generally made of rigid building materials and supported by a metal frame. Car wash shall mean a building or premises used for the washing of automobiles. Cell antenna — see wireless telecommunications antenna within definition of antenna. Cellar shall mean that portion of a building, which is partly or completely below grade or having at least one-half (1/2) its height below grade. Central Business District shall mean the area located within the boundaries of the Central Business District as shown on the Township’s Zoning Map. Check cashing facility shall mean a business or service, other than a State or Federal regulated or chartered bank, savings bank, savings and loan institution, credit union or other financial institution which has as its primary, secondary or accessory purpose the honoring or cashing of checks, drafts or money orders for a fee or other remuneration. Commercial antennas — see commercial antennas within definition of antenna. Commercial recreation shall mean a building, group of buildings or outdoor facilities used for recreational purposes and operated as a business and open to the public for a fee, including skating and roller rinks, indoor batting cages, indoor play areas, sports fields, recreation centers, and indoor swimming pools or tennis courts. Commercial vehicle shall mean any motor vehicle, truck, pickup truck or van licensed, designated for use or used for commercial purposes on the streets and highways of New Jersey such as the providing and delivery of goods, wares, merchandise and services. Common open space shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements