Public Township Council Meeting — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (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) The Board may deny or limit approval of a commercial antenna if it reasonably concludes based on appropriate expert testimony that the number, size and location of the radiating elements are not required for the proposed operation under FCC license and impair the visual environment. (4) Each application for Board approval hereunder shall include, if not heretofore placed on file with the Board, a true copy of applicant's FCC Applications and FCC Filings relating to existing or proposed operation with the Township of West Orange made 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 filing made by applicant. (5) No commercial antenna shall exceed a height of two hundred (200) feet. (6) The minimum setback for a commercial antenna from all property lines shall be one and one-half times the height of the antenna. Outdoor Retail Business. A permanent on-going retail business conducted outside of the confines of a building, which shall include but not be limited to a business where customers or patrons are served over a counter, bar, or pass through window, while seated, standing or in a vehicle outside of the confines of the principal structure in which the primary business is conducted, provided that the Planning Board has determined that the location of the use, hours of operation, access and intensity of the use are appropriate to the

ch the primary business is conducted, provided that the Planning Board has determined that the location of the use, hours of operation, access and intensity of the use are appropriate to the surrounding neighborhood, particularly adjoining residential areas. Comment [PG77]: outdated use (f) Mixed Uses. Mixed use refers to any structure in the B-1, B-2 or I-B District which has offices or retail activity on the first floor and dwelling units on the second floor. All parking, yard, buffer and other restrictions applicable to each individual use shall be applied to the combined use. Comment [PG78]: unnecessary regulation (fg) 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: In all districts except R-1, R-2, R-3, R-3AH, R-4, R-5, R-6 and R-T, (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. (21) Uses incidental, necessary and appropriate to such housing for the benefit and well being of the occupants thereof shall also be permitted. (32) A Senior Citizens Housing Project shall meet the following requirements: (i) Each structure shall have a maximum height of thirty-five (35) feet. 123

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (ii) The minimum lot area for each structure shall be two (2) acres. (iii) The minimum lot area per family 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. (gh) Motor Fuel Vehicle Fueilling Stations. A motor fuel filling station shall not be permitted in any district other than B-1 or B-2 Districts, only as a conditional use specifically authorized in each case by the Planning Board. Comment [PG79]: unnecessary (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 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

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. (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 124

DRAFT PROPOSED REVISIONS – OCTOBER 2011 A nursing home (vii) The nearest boundary line of the lot or parcel of land so to be used is at least two thousand (2,000) feet from the boundary line of the nearest existing gasoline filling station. Comment [PG80]: distance requirement not legal (viii) 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. (viiiix) 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. (3) Gasoline filling stations may display signs only in accordance with Section 25-15. (i) Radio, TV, Micro-Wave Towers and Antennas. All radio, TV, micro-wave towers and antennas are to be considered primary structures or uses in any zoning district where permitted as a conditional use and may not exceed the height limitation of any district as prescribed by this Zoning Ordinance. The number, size and location of appendage antennas shall be clearly stated and shown on all applications and construction drawings. No additions or alterations may be made without prior Planning Board approval. Radio and TV towers and antennas utilized for commercial purposes shall be considered primary uses and not accessory uses. Comment [PG81]: unnecessary regulations (hj) 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

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) 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. 125

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (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. (ik) Fast Food Restaurants. 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

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 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. 126

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (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. (jl) Sexually Oriented Businesses. (1) Purpose. The purpose of this ordinance is to limit offenses against public order, health and decency in the Township of West Orange (the "Town-ship"). This ordinance is enacted pursuant to N.J.S.A. 2C:34-2. (2) Definitions. For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings indicated below: Adult arcade shall mean any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electricity or me- chanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. Adult bookstore or adult video store shall mean a commercial establishment which as one (1) of its principal business purposes, offers for sale or for rental, or for any form of consideration, any one (1) or more of the following: (i) Books, magazines, periodicals or other printed material or photographs, films, motion pictures, video cassettes or video productions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; and/or (ii) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities; and/or (iii) Video stores whose inventory of adult videos is less than twenty (20%) percent of the total number of videos offered for sale or rent are not an adult video store for purposes of this section. Adult cabaret shall mean a nightclub,

percent of the total number of videos offered for sale or rent are not an adult video store for purposes of this section. Adult cabaret shall mean a nightclub, bar, restaurant or similar commercial establishment, which regularly features: (i) Persons who appear in a state of nudity; or (ii) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or (iii) Films, motion pictures, video-cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult motel shall mean a hotel, motel or similar commercial establishment, which offers accommodations to the public for any form or consideration of which: (i) Offers a sleeping room for rent for a period of time that is less than twenty-four (24) hours; or (ii) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than twenty-four (24) hours. Adult motion-picture theater shall mean a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or 127