Public Township Council Meeting — Packet

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. The "Table of District Regulations," as incorporated in Chapter 25, subsection 25-7.1 of the Revised General Ordinances of the Township of West Orange, is hereby amended to remove, "hotels" and "clubs" from B-1 and B-2 districts as permitted uses, and designate the same as conditional uses in the said B-1 and B-2 districts. b. The "Table of District Regulations," as incorporated in Chapter 25, subsection 25-7.1 of the Revised General Ordinances of the Township of West Orange, is hereby amended to include "hotels" and "restaurants" in the R-5 district as a conditional use on ten (10) or more acres. c. The "Table of District Regulations," as incorporated in Chapter 25, subsection 25-7.1 of the Revised General Ordinances of the Township of West Orange, is hereby amended to read as follows in the R-4 District as conditional uses: subsection 25-7.1 of the Revised General Ordinances of the Township of West Orange, is hereby amended to read as follows in the R-4 * Editor's Note: The zoning map and Table of District Regulations may be found at the end of this chapter. 27

DRAFT PROPOSED REVISIONS – OCTOBER 2011 District as conditional uses: Same as R-1 and in addition Banquet and Conferences Centers, but Exclusive of Farm Produce Stands and Commercial Recreation. d. The "Table of District Regulations" shall be amended to include the zone district I-B with the following general regulations: The Permitted Uses shall be the same as I in addition to the following: Retail Store, Personal Service Store or Studio, Business or Vocational School, Restaurant or Bar, Indoor Recreation Facilities (commercial/noncommercial), One family, detached dwelling; Two family dwelling, Twin dwelling, Apartment House, Mixed Residential/ Commercial/Industrial/Retail Uses, Loft. Permitted Accessory Uses shall be: Required accessory parking, Signs, Private garage, Home occupation, Professional office (home), Vending machines, Fences and dividing walls, Private storage sheds, Roof or parapet mounted commercial antennas, which legally exist at the time of passage of this ordinance, shall be considered conforming for the purposes of this ordinance. Conditional Uses shall be the same as I in addition to the following: Theater, moving picture theater, Designed retail business on a site of two (2) acres or more, Municipal facility, Public utility building or structure, Telephone exchange, Hotel/Club, Library/museum, Park/play-ground, Club other than a golf club not conducted as a business, Motor vehicle sales establishment. Maximum Height shall be the same as I. Any existing buildings with heights greater than sixty-five (65) feet at the time of passage of this ordinance shall be considered conforming for the purposes of this ordinance. Minimum Required Lot Area for residence shall be the same as R-M; for nonresidence shall be the same as I. Minimum Required Lot Area Per Family shall be same as R-M. Minimum Required Lot Width for residence shall be the same as R-M; for nonresidence shall be fifty (50) feet. Minimum Required Front Yard for residence shall be the same as R-M; for nonresidence shall be no minimum. The Minimum Required Side Front Yard (Corner Lot) for residence shall be the same as R-M; for nonresidence shall be no minimum. Minimum required side yards for residence shall be the same as

The Minimum Required Side Front Yard (Corner Lot) for residence shall be the same as R-M; for nonresidence shall be no minimum. Minimum required side yards for residence shall be the same as R-M; for nonresidence shall be the same as I. Minimum required rear yard for residence shall be the same as R-M; for nonresidence shall be the same as I. Maximum permitted building coverage shall be the same as I. Maximum Lot Coverage shall be the same as I. e. Minimum required lot area per family shall be ten thousand (10,000) square feet or twelve thousand five hundred (12,500) square feet, with an overall density of two (2.0) building lots per acre. f. 1. The Table of District Regulations is hereby amended by removing "Sanitarium and Nursing Home" from permitted uses for the R-1 zone and all zones related to such. 28

DRAFT PROPOSED REVISIONS – OCTOBER 2011 2. Nursing home/long-term residential health facility is a conditional use in the following zones: Conditional Use - R-T, R-G, R-M, OB-1, OB-2. 3. Congregate Care - Congregate Care facilities shall be permitted as conditional uses in the following zones: Conditional Use - R-G, R-M, OB-1, OB-2, R-C, PURD. 4. Residential Health Care - Residential health care facilities shall be permitted as conditional uses in the following zones: Conditional Use - R-T, R-G, R-M, OB-1, OB-2. 5. Assisted Living - Assisted living facilities shall be permitted as conditional uses in the following zones: Conditional Use - R-G, R-M, OB-1, OB-2, R-C, PURD. g. Subsection 25-7.1 (Table of District Regulations) is hereby amended to read as follows: A check cashing facility shall be a conditional use in the OB-1 Central Business District Overlay Zone and not permitted in any other district. h. The "Table of District Regulations," as incorporated in Chapter XXV, subsection 25-7.1, of the Revised General Ordinances of the Township of West Orange, is hereby amended to remove "movie theaters" in the B-1 and B-2 districts as a conditional use. i. The “Table of District Regulations,” as incorporated in Chapter XXV, subsection 25-7.1 of the Revised General Ordinances of the Township of West Orange is hereby amended to delete the following in the R-M District as permitted uses: Same as R-T and in addition Apartment Houses. j. Subsection 25-7.1 shall be amended to change the word “dwelling” under permitted uses in sections R-1 and R-T to “dwelling unit.” k. The "Table of District Regulations", as incorporated in Chapter XXV, subsection 25-7.1, of the Revised General Ordinances of the Township of West Orange, is hereby amended to include "townhouse residential cluster development" as a conditional use in the R-3 District. Comment [PG31]: unnecessary to list all changes l. Pursuant to Section XIIpage 17 (Relationship of Plan to Township Landto Municipal Development Regulations) of the West Orange Downtown Redevelopment Plan, the

changes l. Pursuant to Section XIIpage 17 (Relationship of Plan to Township Landto 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. m. The "Table of District Regulations" of the Revised General Ordinances of the Township of West Orange, is hereby amended to include "both townhouse residential cluster development and low-rise apartment developments" as a conditional use in the R-5 District. (Ord. No. 904-88 § 25-5.1; Ord. No. 988-89; Ord. No. 1235-94; Ord. No. 1271-94 § 1; Ord. No. 1337-95; Ord. No. 1338-95; Ord. No. 1379 § 1; Ord. No. 1411-96 § 1 and 2; Ord. No. 1423-96 § 1; Ord. No. 1635-99 § 1; Ord. No. 1711-00 § 2; Ord. No. 1859-02; Ord. No. 1864-03 § II; Ord. No. 1932-04 § I) 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 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. * 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. 29

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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) 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, except: a. No accessory uses shall be located within any minimum required front yard or side yard. ab. 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. bc. 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. c. No accessory uses shall be located within any minimum required front yard or side yard. de. No accessory use building shall be located within fifteen (15) feet of any main principal building, except as otherwise provided in this chapter. ef. An accessory building in a residential zone shall not be taller than two (2)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. f. Requirements for Nonresidential Accessory Uses in a Residential District. On any lot in any residential district being used for purposes other than a dwelling or apartment house, or on any lot in any residential district containing a principal structure that is being used for purposes other than

ct being used for purposes other than a dwelling or apartment house, or on any lot in any residential district containing a principal structure that is being used for purposes other than a dwelling or apartment house, all accessory uses and accessory structures, including accessory buildings, shall have a minimum front yard, side yard (each side), and rear yard setback of one hundred (100) feet. This 100-foot buffer shall be planted, bermed, and maintained in perpetuity with trees and shrubbery of such sizes and densities as to adequately screen the accessory uses, structures, and buildings from any abutting use. All accessory buildings shall be a maximum of one (1) story not to exceed sixteen (16) feet in height and shall be no larger than eight thousand (8,000) square feet. (Ord. No. 904-88 § 25-5.2A; Ord. No. 1880-03 § II) Comment [PG32]: mostly unnecessary; accessory building height moved elsewhere in document 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. 30

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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 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. (Ord. No. 904-88 § 25-5.2B) 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. 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

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 good or 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) 31

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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, or other natural drainage line which carries storm water run-off, in order that access by the duly constituted authorities or the Township may be assured for the purpose of cleaning, dredging and otherwise maintaining such drainage line. In the application of this subsection to a particular lot the Township Engineer shall determine whether access to the stream, intermittent watercourse or natural drainage line which forms a part of such is necessary in the public interest. (Ord. No. 904-88 § 25-5.2E) 25-8.6 Infrastructure Requirements. No site plan shall be approved for development unless sufficient capacity exists in the public sanitary sewers, and storm sewers, or will be made available prior to the start of construction and that there is adequate access to public streets. (Ord. No. 904-88 § 25-5.2F) 25-8.7 Commercial Antennas. Commercial antennas are absolutely prohibited in all districts except as hereinafter set forthin those districts in which they are permitted as a conditional use. The conditional use requirements for commercial antennas are set forth in Section 25-24.2b(2)(e). a. The erection of a commercial antenna in a business, commercial or industrial zone only shall be a conditional use subject to approval by the Planning Board, which shall require the prior submission of 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. Approval shall not be denied on the grounds of reception interference but the Planning Board shall submit its comments and objections to the appropriate Federal and State agencies and may withhold decision until such agency response is received. Approval of a commercial antenna may be granted by the Planning Board upon a finding that the site plan and design are structurally sound and conform to local engineering