Conference/Public Meeting Agendas/Documents — Packet

structure. Site shall mean any plot, parcel or tract of land. Store shall mean keeping for safe care or custody whether temporarily or permanently. Story shall mean the space of a building between the surface of a floor and any floor next above it, or if there be no floor above it, then the space between the floor and the ceiling above it. A story shall also be constituted between a floor and roof above when sixty (60%) percent of Figure 4: First Story Above Cellar Figure 5: Basement as First Story 16

the total floor area has a minimum ceiling height of seven (7) feet six (6) inches. See Figures 4 and 5 for illustrations of story, half story and first story. 1. Story, half shall mean an area under a sloping roof with less than sixty (60%) percent but more than twenty-five (25%) percent of its total floor area having a minimum ceiling height of seven (7) feet six (6) inches and with no portion of the area used for residential living purposes having a minimum ceiling height of less than three (3) feet six (6) inches. 2. Story, first shall mean any story having its finished floor surface entirely above grade, except a basement shall be considered a story above grade when the distance from the grade to the finished surface of the floor above the basement is more than six (6) feet for more than fifty (50%) percent of the total perimeter or for more than twelve (12) feet at any point. Street shall mean a road, highway, avenue, street, lane or other way, public or private, set aside and commonly used for travel purposes, and shown on the Township map or upon a filed subdivision plat. Street line shall mean the dividing line between the street right-of-way and a lot, tract, or parcel of land which street line shall be no less than twenty-five (25) feet from the center line of the street to right-of-way. Structure shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land, but not including a driveway, sidewalk or path. The word "structure" shall include the word "building." Teacher shall mean a person giving individual instruction to students of a musical instrument, voice or in academic or scientific subjects to a single pupil at a time. Theater shall mean a facility used to show motion pictures or for drama, dance, musical or other live performance. A facility consisting of more than one auditorium or other room used as a theater shall be considered a single theater for the purposes of this chapter. Through lot shall mean a lot other than a corner lot having frontage on two (2) streets. Tow truck shall mean any vehicle manufactured or designed for the purpose of towing and for removing motor vehicles. Townhouses shall mean single family attached dwelling units with common walls. Trailer shall mean every vehicle with

manufactured or designed for the purpose of towing and for removing motor vehicles. Townhouses shall mean single family attached dwelling units with common walls. Trailer shall mean every vehicle with or without motor power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Truck shall mean every motor vehicle designed, used or maintained primarily for the regular transportation of property or delivery of services. Truck tractor shall mean every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. Van shall mean an enclosed motor vehicle designed, used or maintained primarily for the regular transportation of property or delivery of services. Variance shall mean permission to depart from the literal requirements of this chapter pursuant to N.J.S.A. 40:55D-40(b), 40:55D-60 and 40:55D-70(c) and (d) and amendments. Vehicle shall mean every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or motorized bicycles. 17

Video arcade or amusement arcade shall mean any structure or part of a structure open to the public whose primary or main business is the offering of mechanical amusement devices as defined in Chapter 6-13, other similar player-operated amusement devices, or the playing of pool or billiards to the public for use at a charge; provided, however, that a "jukebox" shall not be considered a mechanical amusement device or other similar player-operated amusement device. Wholesale business shall mean an establishment primarily engaged in selling merchandise to other businesses, including retailers, industrial, commercial, institutional, or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. Yard shall mean and include: 1. Front shall mean an open space, on the same lot with a building, between the front street line of the lot and the front line of the nearest roofed portion of the building and extending from side property line to side property line. 2. Rear shall mean an open space on the same lot with a building, between the rear line of the lot and the rear line of the nearest roofed portion of the building and extending from side property line to side property line. 3. Side shall mean an open space, on the same lot with a building, between the side line of the lot and the building, between the side line of the lot and the building and extending from the Figure 6: Yard Locations, Interior Lot front yard or from the front street line where no front yard exists, to the rear yard. 4. Side front shall mean a yard on the side street frontage of a corner lot. See Figures 6 and 7 for illustrations of yards. Zone boundary line shall mean all lines drawn between zones shall follow the property line unless a specified dimension on the zoning map indicates otherwise. If the boundary of a zone is determined by a street, then it shall be measured from the center line of the street. Zoning Board of Adjustment shall mean the Board established pursuant to N.J.S.A. 40:55D-69 and Section 25-47 as amended and supplemented. Zoning permit shall mean a document Figure 7: Yard Locations, Corner Lot

S.A. 40:55D-69 and Section 25-47 as amended and supplemented. Zoning permit shall mean a document Figure 7: Yard Locations, Corner Lot 18

signed by the Zoning Officer. 1. Which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and 2. Which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 or 40:55D-70 and their amendments. (Ord. No. 904-88 § 25-4.2—25-4.143; Ord. No. 927-88; Ord. No. 990-89; Ord. No. 992-89; Ord. No. 1036-90; Ord. No. 1053-91; Ord. No. 1093-91; Ord. No. 1100-91; Ord. No. 1139- 92; Ord. No. 1167-93; Ord. No. 1189-93; Ord. No. 1209-93; Ord. No. 1215-93; Ord. No. 1218-93; Ord. No. 1224-93; Ord. No. 1227-93; Ord. No. 1237-94; Ord. No. 1316-95 § 1; Ord. No. 1335-95; Ord. No. 1337-95 § 13; Ord. No. 1346-95; Ord. No. 1408 § 1; Ord. No. 1419 § 1; Ord. No. 1488-97 § 1; Ord. No. 1491-98 § 1; Ord. No. 1634-99 § 1; Ord. No. 1636- 99 § 1; Ord. No. 1711-00 § 1) 25-5 - 25-6 RESERVED. 25-7 GENERAL REGULATIONS AND PROVISIONS. 25-7.1 Zoning District Regulations.* The general regulations for each zoning district pertaining to permitted uses, accessory uses, conditional uses, height, lot area and other bulk requirements are contained in "The Table of District Regulations" which is declared to be a part of this chapter. Every use established after the adoption of this ordinance shall conform in total to the requirements contained herein unless otherwise exempted by a specific provision of this ordinance. a. Pursuant to Section XII (Relationship to Municipal Development Regulations) of the West Orange Downtown Redevelopment Plan, the Redevelopment Plan supersedes use, bulk and design standards and provisions of the Township Development regulations.* See the West Orange Downtown Redevelopment Plan for applicable regulations. b. Pursuant to Section V (Administrative Provisions) of the Organon Redevelopment Plan, the Redevelopment Plan supersedes use, bulk and design standards and provisions of the Township Development regulations. See the

tive Provisions) of the Organon Redevelopment Plan, the Redevelopment Plan supersedes use, bulk and design standards and provisions of the Township Development regulations. See the Organon Redevelopment Plan for applicable regulations. c. Pursuant to Section 10 (Proposed Land Uses and Building Requirements in the Redevelopment Area) of the Valley Road Area (Harvard Press) Redevelopment Plan, the Redevelopment Plan supersedes use, bulk and design standards and provisions of the Township Development regulations. See the Valley Road Area (Harvard Press) Redevelopment Plan for applicable regulations. 25-8 SUPPLEMENTAL PROVISIONS FOR ALL DISTRICTS. In addition to the provisions of Section 25-8, every use shall be further subjected to all of the following applicable supplemental provisions: (Ord. No. 904-88 § 25-5.2) * Editor's Note: The zoning map and Table of District Regulations may be found at the end of this chapter. * Editor's Note: The West Orange Downtown Redevelopment Plan, as adopted by Ordinance No. 1864-03, is on file in the office of the Township Clerk and available for public inspection. 19

25-8.1 Setbacks of Accessory Uses. In any district no accessory structure, building, storage area, off-street parking area or truck loading space shall be permitted within five (5) feet of a property line. The following additional restrictions shall apply to certain structures and uses: a. No accessory uses shall be located within any minimum required front yard or side yard. b. If any such accessory use is located in B, I, or I-B district and a property line which is the district boundary line abuts a residential district, then the minimum required distance from such property line shall be ten (10) feet. c. Parking areas, in an OB-2 or O-R district shall be not less than seventy-five (75) feet from the property line, except where such property line is the district boundary line which abuts a residential district, in which case the required distance shall be not less than one hundred (100) feet from such property line. d. A private swimming pool, a private recreation facility and any related structures shall comply with the required side yard setbacks for a principal structure in the zone in which they are located and shall not be permitted within ten (10) feet of a rear property line. e. No accessory building shall be located within fifteen (15) feet of any principal building, except as otherwise provided in this chapter. f. An accessory building in a residential zone shall not be taller than one and one-half (1 ½) stories or fifteen (15) feet, shall not cover more than one-third (1/3) of the minimum required rear yard, and shall not be used as living or sleeping quarters. 25-8.2 Yard Encroachments. In all districts, the space in a required front, side, side front yard or rear yard shall be open and unobstructed except for: a. An unroofed terrace projecting not more than eight (8) feet into the required rear yard. b. Steps projecting not more than six (6) feet leading to a basement or first floor. c. Doorways, windows, sills, lintels, wall ornaments or leaders projecting not more than two (2) feet. A variance shall be required for any feature that projects more than two (2) feet into a required yard. d. Fire escapes required by law, and chimneys, not over four (4) feet wide, provided that the Building Inspector shall

ture that projects more than two (2) feet into a required yard. d. Fire escapes required by law, and chimneys, not over four (4) feet wide, provided that the Building Inspector shall determine that such projections are so placed as not to obstruct light or ventilation. e. An existing private garage for a one-family or two-family dwelling may be rebuilt within its same footprint. 25-8.3 Front Yards on Through Lots. In all districts, through lots lying wholly or partly within any district, in which a front yard is required shall be considered as having two (2) frontages, each of which shall be subject to the front yard regulation contained in the Table of District Regulations. (Ord. No. 904-88 § 25-5.2C) 25-8.4 Walls and Fences. Walls and fences are permitted under the following conditions: a. Walls and fences which are not more than fifty (50%) percent solid are permitted anywhere on the property, in all districts, provided they are not higher than four (4) feet. 20

b. Solid walls and fences not higher than six (6) feet are permitted in the rear yard and on the side property line up to the rear line of the applicant's house. If the distance on each side of such a fence is more than five (5) feet to each adjacent house, such solid fence may be located in the side property up to the front of the applicant's house. c. In all nonresidential districts, fences or walls not exceeding six (6) feet in height shall be permitted in the side and rear yards provided the fence or wall is not closer than five (5) feet at any point to a principal building in a residential district. d. In all nonresidential districts, a fence or wall to be used for screening may not exceed six (6) feet in height. If a property owner desires to exceed the six (6) feet limitation, the property owner shall apply to the Planning Board for technical review. An informal sketch will be required so as to permit the Technical Review Committee to evaluate the location of the fence and determine the appropriateness of the proposed use. e. In all districts the finished side of the fence must face away from the applicant's property. f. The use of barbed and/or razor wire is prohibited in all districts. If a property owner desires to use barbed and/or razor wire, the owner shall apply to the Planning Board for technical review. An informal sketch will be required so as to permit the Technical Review Committee to evaluate the location of the fence and determine the appropriateness of the proposed use. g. Electrical wire fence is prohibited in all districts. h. No fence as described in this section may be constructed in any district without a written application being made to the Zoning Officer who shall issue a permit after compliance with the following fee schedule: 1. A fifty ($50.00) dollar fee for erection in any residential district. 2. A one hundred ($100.00) dollar fee for erection in any nonresidential district. (Ord. No. 904-88 § 25-5.2D; Ord. No. 1081-91; Ord. No. 1356-95 § 1; Ord. No. 1389-96 § 1) 25-8.5 Accessory Uses in Relation to Stream or Drainageways. In any district, no building or accessory building and no wall or fence shall be permitted within fifteen (15) feet of the center line of any stream, water course,