East Orange City Zoning Code
Article
XVII Residential Districts
§ 51-92 R-1 District (Single-Family Residential).
A.
Applicability. The regulations set forth in this section or set forth elsewhere in this chapter and referred to in this section are the district regulations for the R-1 District.
B.
Permitted uses.
(1)
A building or premises in the R-1 District shall be used only for the following purposes:
(a)
Single-family detached dwellings.
(b)
Parks and playgrounds owned and operated by the City, by any of its agencies or by the Essex County Park Commission, or community gardens authorized by the East Orange Department of Public Works and the Department of Policy, Planning and Development.
(c)
Premises used for municipal purposes, except public works garages and solid waste facilities.
(d)
Home professional office uses, provided there is no external signage, no delivery or company vehicles parked on site, and there are no employees other than residents of the household.
(2)
No building or part thereof designed and built for storefront-type retail use or residential use may be used as a house of worship, club or charitable or philanthropic institution.
C.
Conditional uses. In the R-1 District, the following uses shall be permitted as conditional uses, subject to approval by the Planning Board and subject to the standards contained in Article XXIII (§ 51-118) of this chapter:
(1)
Public schools and private schools having curricula the same as ordinarily given in public schools in the public school system of the City, excluding nursery schools, but not excluding house-of-worship school activities.
(2)
Houses of worship, convents, parish houses or religious school buildings.
(3)
One accessory dwelling unit in an accessory building, limited in size to not more than 25% of the principal building not including the cellar.
D.
Accessory uses.
(1)
Accessory buildings, including a private garage, shall occupy not more than 400 square feet in the rear yard; shall not exceed the height of the principal structure; shall not exceed 50% of the floor area of the principal structure and shall be located not less than 40 feet from the front lot line and not nearer to the front lot line than the street wall of the main building or a private garage which is constructed as part of the main building. No accessory building shall be constructed upon a lot until the construction of the main building has actually been commenced, and no accessory building shall be used unless the main building on the lot is completed and used. A private garage may be used for the storage of one commercial vehicle of not more than one-and-one-half-ton capacity. Space for not more than two noncommercial vehicles may be leased. Accessory buildings shall be set back three feet from any lot line.
(2)
Private swimming pools are subject to the setback requirements of accessory buildings.
E.
Additional requirements.
(1)
The bulk requirements for the R-1 District are contained in Table 51-92.A.
Table 51-92.A: Bulk Requirements for R-1 District | ||
|---|---|---|
Minimum lot area (square feet) | Existing lots shall be permitted to retain their size and dimension, but lots created through subdivision shall be larger than 4,000 | |
Minimum lot width (feet) | Existing lots shall be permitted to retain their size and dimension, but lots created through subdivision shall be wider than 40 | |
Minimum lot depth (feet) | Existing lots shall be permitted to retain their size and dimension, but lots created through subdivision shall be deeper than 100 | |
Minimum/maximum yard depth, front (feet) | In accordance with § 51-87 | |
Minimum yard width, one side (feet) | 3 | |
Minimum yard width, both sides (feet) | 13 | |
Minimum yard depth, rear (feet) | 25% of lot depth* | |
Maximum lot coverage (percent) | 35% | |
Maximum building height (stories) | 2 1/2 | |
Maximum building height (feet) | 35 | |
Maximum density (dwelling units per acre) | 10 | |
Maximum floor area ratio | — | |
NOTE: | ||
|---|---|---|
* | Need not exceed 45 feet. | |
§ 51-93 R-2 District (Two-Family Residential, Townhouses).
A.
Applicability. The regulations set forth in this section or set forth elsewhere in this chapter and referred to in this section are the district regulations for the R-2 District.
B.
Permitted uses.
(1)
A building or premises in the R-2 District shall be used only for the following purposes:
(b)
Two-family dwellings on lots with more than 3,000 square feet of lot area.
(c)
One-family townhouses.
(d)
Preexisting mixed residential/commercial uses are permitted to remain and retain their physical configuration. Any change of commercial occupancy shall be to a use permitted in the C-1 District, and all signage shall be replaced with signage only of the type permitted by this chapter. Expansion of such a structure, enlargement of commercial area, paving additional parking/loading area, or adding commercial units is not permitted.
(2)
No building or part thereof designed and built for storefront-type retail use or residential use may be used as a house of worship, club or charitable or philanthropic institution.
C.
E.
Additional requirements.
(1)
The bulk requirements for the R-2 District, with the exception of townhouses, are contained in Table 51-93.1.
Table 51-93.1: Bulk Requirements for Non-Attached Dwellings within R-2 District | ||
|---|---|---|
Minimum lot area (square feet) | Existing lots shall be permitted to retain their size and dimension, but lots created through subdivision shall be larger than 3,500 | |
Minimum lot width (feet) | Existing lots shall be permitted to retain their size and dimension, but lots created through subdivision shall be wider than 30 | |
Minimum lot depth (feet) | Existing lots shall be permitted to retain their size and dimension, but lots created through subdivision shall be deeper than 95 | |
Minimum/maximum yard depth, front (feet) | Shall be in accordance with § 51-87 | |
Minimum yard width, each side (feet) | 3 | |
Minimum yard depth, rear (feet) | 25% of lot depth* | |
Maximum lot coverage (percent) | 50% | |
Maximum building height (stories) | 3 | |
Maximum building height (feet) | 35 | |
Maximum density (dwelling units per acre) | 34 | |
Maximum floor area ratio | — | |
NOTE: | ||
|---|---|---|
* | Need not exceed 45 feet. | |
(2)
The bulk requirements for townhouses within the R-2 District are contained in Table 51-93.2.
Table 51-93.2: Bulk Requirements for Townhouses | ||
|---|---|---|
Minimum lot area (square feet) | 1,500 per townhouse unit | |
Minimum lot width (feet) | 18 | |
Minimum lot depth (feet) | 70 | |
Minimum yard depth, front (feet) | In accordance with § 51-87 | |
Maximum yard width, one side (feet) | 0 on one side | |
Minimum yard width, other side (feet) | 3 or zero on other side | |
Minimum yard depth, rear (feet) | 15 | |
Maximum lot coverage (percent) | 80% | |
Maximum building height (stories) | 3 | |
Maximum building height (feet) | 35 | |
Maximum density (dwelling units per acre) | 30 | |
Maximum floor area ratio | — | |
F.
Supplementary regulations for townhouses.
(1)
The construction and occupancy of townhouses and townhouse complexes, as herein defined, shall be permitted with the following additional characteristics pertaining to the design and occupancy:
(a)
Development shall be on a rental or nonrental basis by the original developer or owner so that each townhouse dwelling unit, when initially built, shall be available for sale or lease.
(b)
No structure or part thereof shall be erected more than 300 feet in clear distance from a street or roadway.
(c)
No space below the first story of any dwelling unit shall be used for dwelling purposes, except in the case of a basement where the floor is less than three feet below the grade. Such a basement shall be counted as a story for the purpose of height regulations under this section.
(d)
The first floor of a dwelling structure may be occupied as a dwelling unit, and the second and third floors may be occupied as a separate dwelling unit under the same roof in zoning districts where two-family townhouses are permitted.
(e)
The minimum frontage of each dwelling unit shall be 18 feet.
(f)
There shall be no parking area in the front yard. A driveway for access to a garage or to the rear or side of the lot shall not be considered a parking space, and such a driveway shall be no wider than 10 feet.
(g)
There shall be a variety of design and architectural modes of designs and architectural features for the purpose of presenting an aesthetically desirable overall effect over the entire townhouse complex, with varied elevations, designs and appearances and without excess uniformity. Porches, bay windows and/or stoops shall serve this purpose.
(h)
The minimum room size of any room, except kitchens and bathrooms, shall be 110 square feet, excluding closets or storage space. Each dwelling unit shall have a minimum of 500 square feet. All party walls shall be fire-resistant and soundproof and shall begin at the basement or grade slab level and extend to the underside of the sheathing of the roof.
(i)
Minimum outdoor usable open space shall be provided at 150 square feet per townhouse unit.
(j)
Fences may be erected on the rear of the property or between each dwelling unit but not in the front yard of any dwelling unit.
(k)
No end dwelling unit of any townhouse or townhouse complex shall have a blank wall. End walls shall have windows and front doors facing public streets as in accordance with § 51-87.
(l)
Where a dwelling has two stacked residential units in a zoning district that permits two-family townhouses, a balcony shall be provided on the second floor, either on the front or rear of such unit.
(n)
A certificate of occupancy may be issued upon the completion of each dwelling unit or structure, provided that the installation of all utilities, sidewalks, parking areas, roads and landscaping affecting the particular structure is satisfactory and has met all requirements as herein specified.
(o)
Parking may be in the rear of each dwelling unit, in a central parking area provided or in a garage where provided, which shall be no more than 10 feet wide if facing a public street, or in a detached garage to the rear of the dwelling unit.
(p)
Driveways shall be not more than 10 feet wide in one direction of travel or 20 feet wide in dual direction of travel when for community parking areas. Such driveway may be placed on the perimeter of the site. Ingress and egress in the rear of the property or on either side of the property may be used as a common passage to parking or to a garage or the central parking area so provided.
(q)
Provisions shall be made by way of covenants, restrictions or otherwise for the maintenance of any common site and facilities, and the liability for such maintenance shall be enforceable by liens against the owners, developers or sponsors of the townhouse dwelling unit or townhouse structure in favor of the City.
(r)
No interior roadway within the complex shall be less than 28 feet wide.
(s)
The developer or developers, sponsor or sponsors, owner or owners of any townhouse or townhouse complex shall make proper and adequate provisions for the installation of roads, drives, walkways, parking facilities, water, sewerage and drainage facilities and such other desirable and necessary facilities in accordance with the requirements of the Planning Board or other municipal authority or agency having jurisdiction, control and supervision over the respective requirements herein mentioned. The installation of any and all improvements herein required shall be the responsibility of the owner, owners, developer, developers, sponsor or sponsors, and no building permit shall be issued unless and until the developer, developers, sponsor or sponsors shall, in accordance with the application, post the necessary bond to secure the installation of all site improvements necessary, including fire hydrants as may be required by the Fire Department of the City.
(t)
In any townhouse development, all public utilities on the site, including but not limited to electrical wires, telephone wires, sewerage pipes, gaslines and waterlines, shall be installed beneath the surface of the ground.
§ 51-94 R-3 District (Multifamily Structures, Townhouses, Garden Apartments).
A.
Applicability. The regulations set forth in this section or set forth elsewhere in this chapter and referred to in this section are the district regulations for the R-3 District.
B.
Permitted uses.
(1)
A building or premises in the R-3 District shall be used only for the following purposes:
(a)
One- and two-family dwellings as permitted in the R-2 District, but with the additional requirement that at least 3,000 square feet of lot area is required for a two-family dwelling to be built, and at least 4,000 square feet of lot area is required for a three-family dwelling to be built.
(b)
Townhouses (one-family or two-family with individual units) as permitted in the R-2 District and subject to requirements under § 51-93F.
(d)
Three-family dwellings.
(e)
Multifamily structures not to exceed five stories.
(f)
Preexisting mixed residential/commercial uses are permitted to remain and retain their physical configuration. Any change of commercial occupancy shall be to a use permitted in the C-1 District, and all signage shall be replaced with signage only of the type permitted by this chapter. Expansion of such a structure, enlargement of commercial area, paving additional parking/loading area or adding commercial units is not permitted.
(g)
Parks and playgrounds owned and operated by the City, by any of its agencies or by the Essex County Park Commission, or community gardens authorized by the East Orange Department of Public Works and the Department of Policy, Planning and Development.
(h)
Premises used for municipal purposes, except public works garages and solid waste facilities.
(i)
Home professional office uses, provided there is no external signage, no delivery or company vehicles parked on site, and there are no employees other than residents of the household.
(2)
No building or part thereof designed and built for storefront-type retail use or residential use may be used as a house of worship, club or charitable or philanthropic institution.
C.
D.
Accessory uses. The following accessory uses shall be permitted:
(1)
Accessory uses as provided in the R-2 District.
(2)
Community facilities developed as accessory uses to a garden apartment development.
(3)
Accessory buildings and uses customarily incidental to the above uses, that shall occupy not more than 15% of the rear yard, shall not exceed the height of two stories and 25 feet, shall not exceed 50% of the floor area of the principal structure, and that shall be located not less than 40 feet from the front lot line and no nearer to the front lot line than the street wall of the main buildings, including storage garages, provided that such garages shall not exceed a capacity of one motor vehicle for each 1,000 square feet of lot area; and provided, further, that the storage garage shall not be used for storage of more than one commercial vehicle, except that one additional commercial vehicle may be stored for each 10,000 square feet of lot area. No such commercial vehicle shall exceed one-and-one-half-ton capacity. Space for noncommercial vehicles may be leased, provided that space for at least one noncommercial vehicle may not be leased but must be retained for the use of an occupant of the building.
E.
Additional requirements.
(1)
The bulk requirements for any R-2 District permitted or conditional use within the R-3 District shall be the same as those in the R-2 District.
(2)
The bulk requirements for three-family dwellings within the R-3 District are contained in Table 51-94.1.
Table 51-94.1: Bulk Requirements for Non-Attached 1-, 2- or 3-Family Dwellings within R-3 District | ||
|---|---|---|
Minimum lot area (square feet) | Existing lots shall be permitted to retain their size and dimension, but lots created through subdivision shall be larger than 3,500 | |
Minimum lot width (feet) | Existing lots shall be permitted to retain their size and dimension, but lots created through subdivision shall be wider than 30 | |
Minimum lot depth (feet) | Existing lots shall be permitted to retain their size and dimension, but lots created through subdivision shall be deeper than 95 | |
Minimum/maximum yard depth, front (feet) | Shall be in accordance with § 51-87 | |
Minimum yard width, each side (feet) | 3 | |
Minimum yard depth, rear (feet) | 25% of lot depth* | |
Maximum lot coverage (percent) | 50% | |
Maximum building height (stories) | 3 | |
Maximum building height (feet) | 35 | |
Maximum density (dwelling units per acre) | 34 | |
Maximum floor area ratio | — | |
NOTE: | ||
|---|---|---|
* | Need not exceed 45 feet. | |
(3)
The bulk requirements for townhouses within the R-3 District are contained in Table 51-94.2.
Table 51-94.2: Bulk Requirements for Townhouses | ||
|---|---|---|
Minimum lot area (square feet) | 1,500 per townhouse unit | |
Minimum lot width (feet) | 18 | |
Minimum lot depth (feet) | 70 | |
Minimum yard depth, front (feet) | In accordance with § 51-87 | |
Maximum yard width, one side (feet) | 0 on one side | |
Minimum yard width, other side (feet) | 3 or zero on other side | |
Minimum yard depth, rear (feet) | 15 feet | |
Maximum lot coverage (percent) | 80% | |
Maximum building height (stories) | 3 | |
Maximum building height (feet) | 35 | |
Maximum density (dwelling units per acre) | 30 | |
Maximum floor area ratio | — | |
(4)
The bulk requirements for multifamily dwellings up to five stories in the R-3 District are contained in Table 51-94.3.
Table 51-94.3: Bulk Requirements for Multifamily Dwellings (Up to 5 Stories) | ||
|---|---|---|
Minimum lot area (square feet) | 8,000 | |
Minimum lot width (feet) | 75 | |
Minimum lot depth (feet) | 90 | |
Minimum/maximum yard depth, front (feet) | In accordance with § 51-87 | |
Minimum yard width, one side (feet) | 3 | |
Minimum yard width, both sides (feet) | 6 | |
Minimum yard depth, rear (feet) | 20 | |
Maximum lot coverage (percent) | 60% | |
Maximum building height (stories) | 5 | |
Maximum building height (feet) | 60 | |
Maximum density (dwelling units per acre) | 45 | |
Maximum floor area ratio | — | |
(5)
The bulk requirements for garden apartments within the R-3 District are contained in Table 51-94.4.
Table 51-94.4: Bulk Requirements for Garden Apartments | ||
|---|---|---|
Minimum lot area (square feet) | 30,000 | |
Minimum lot width (feet) | 150 | |
Minimum lot depth (feet) | 150 | |
Minimum yard width, front (feet) | 20 | |
Maximum yard width, front (feet) | 25 | |
Minimum yard width, one side (feet) | 10 | |
Minimum yard width, both sides (feet) | 10 | |
Minimum yard width, corner side (feet) | 20 | |
Minimum yard depth, rear (feet) | 20 | |
Maximum lot coverage (percent) | 50% | |
Maximum building height (stories) | 3 | |
Maximum building height (feet) | 35 | |
Maximum density (dwelling units per acre) | 30 | |
Maximum floor area ratio | — | |
F.
Supplementary regulations for garden apartments. In addition to the height and area regulations of the R-3 District, the following regulations shall apply specifically to garden apartments:
(1)
Each building shall front either on a public street or on a common yard or court at least 25 feet wide.
(2)
No building or part thereof shall be erected more than 300 feet in clear distance from a street or roadway.
(3)
No building or part thereof shall be erected more than 300 feet in clear depth from a fire hydrant located either on a street bounding the lot or project of which the building is a part or located within the lot or project area itself. Every such fire hydrant shall have a minimum barrel diameter of 4 1/2 inches and a connecting main of six inches in diameter.
(4)
The minimum distance between buildings shall be 20 feet. Individual buildings connected by common stairwells or party walls shall be permitted if the distance between such stairwells or party walls shall not be greater than 150 feet; and provided, further, that the design as determined by the Site Plan Review Committee is such as to avoid undue monotony in appearance.
(5)
Outdoor usable open space. There shall be provided outdoor usable open space, as defined herein, for each dwelling unit according to Table 51-94.5.
Table 51-94.5: Required Outdoor Usable Open Space for Garden Apartments | ||
|---|---|---|
Number of Dwelling Units | Required Outdoor Usable Open Space Per Dwelling Unit (square feet) | |
Up to 75 | 120 per unit | |
From 76 to 150 | 90 per additional unit | |
Over 150 | 75 per additional unit | |
(6)
No driveway or parking area shall be within 10 feet of any window in the front facade of any residential building nor shall any parking area be within 10 feet of any other window which is part of a dwelling unit, and in addition thereto, there shall be a safety and buffer area of not less than 10 feet in width separating the main entrance of each residential building from any driveway or parking area to provide a landscaped or paved area for pedestrian use which connects each residential building with the public street. Such parking area may be located between the main buildings and the street bounding the line, provided that it shall be set back no less than 20 feet from any such street line and shall be screened from the street by hedges or other attractive and suitable shrubbing, and the area between such parking and street line shall be fully landscaped.
(7)
No portion of the building below the first story or above the third story shall be used for dwelling purposes, except as provided in Subsection F(8) of this section.
(8)
No space below the first story or above the third story of any garden apartment building shall be used for dwelling purposes, except that a basement, where the floor is less than three feet below grade, may contain living quarters for the superintendent of the buildings and his family and for other employees of the building owner, and such a basement shall not be counted as a story for the purposes of height regulation under this section.
(9)
In any garden apartment development, all public utilities, including but not limited to electrical wires, telephone wires, sewerage pipes, gaslines and waterlines, shall be installed beneath the surface of the ground.
(10)
Owners of garden apartment developments shall be responsible for the collection and disposal of garbage and refuse.
§ 51-95 R-4 District (Multifamily Structures, High-Rise Apartments, Hotels).
A.
Applicability. The regulations set forth in this section or set forth elsewhere in this chapter and referred to in this section are the district regulations for the R-4 District.
B.
Permitted uses.
(1)
A building or premises in the R-4 District shall be used only for the following purposes:
(a)
One- and two-family dwellings as permitted in the R-2 District. This use, however, is prohibited on any lot larger than 8,000 square feet.
(d)
Three-family dwellings as permitted in the R-3 District. This use, however, is prohibited on any lot larger than 8,000 square feet.
(e)
Multifamily structures not to exceed five stories.
(f)
Preexisting mixed residential/commercial uses are permitted to remain and retain their physical configuration. Any change of commercial occupancy shall be to a use permitted in the C-1 District, and all signage shall be replaced with signage only of the type permitted by this chapter. Expansion of such a structure, enlargement of commercial area, paving additional parking/loading area or adding commercial units is not permitted.
(g)
Parks and playgrounds owned and operated by the City, by any of its agencies or by the Essex County Park Commission, or community gardens authorized by the East Orange Department of Public Works and the Department of Policy, Planning and Development.
(h)
Premises used for municipal purposes, except public works garages and solid waste facilities.
(i)
Home professional office uses, provided there is no external signage, no delivery or company vehicles parked on site, and there are no employees other than residents of the household.
(j)
High-rise multifamily structures.
(2)
No building or part thereof designed and built for storefront-type retail use or residential use may be used as a house of worship, club or charitable or philanthropic institution.
C.
Conditional uses. In the R-4 District, the following uses shall be permitted as conditional uses, subject to approval by the Planning Board, subject to the standards contained in Article XXIII (§ 51-118) of this chapter:
(1)
Conditional uses permitted in the R-3 District.
(2)
Commercial service facilities primarily for the benefit of and to meet the needs of the tenants of the apartment structure.
(3)
Areas for parking private automobiles, for which no fee is charged, in connection with a building or structure on a bordering lot or on a lot within 400 feet, provided that such building or structure is used as permitted in this section.
(4)
Senior care community (SCC) and continuing care retirement community (CCRC) uses.
E.
Additional requirements.
(1)
The bulk requirements for any permitted or conditionally permitted use in the R-3 District shall apply in the R-4 District.
(2)
The bulk requirements for high-rise multifamily structures within the R-4 District are contained in Table 51-95.1.
Table 51-95.1: Bulk Requirements for High-Rise Multifamily Structures | ||
|---|---|---|
Minimum lot area (square feet) | 20,000 | |
Minimum lot width (feet) | 130 | |
Minimum lot depth (feet) | 100 | |
Minimum/maximum yard depth, front (feet) | In accordance with § 51-87 | |
Minimum yard width, one side (feet) | 10 | |
Minimum yard width, both sides (feet) | 15 | |
Minimum yard depth, rear (feet) | 1/3 of building height | |
Maximum lot coverage (percent) | 60% | |
Minimum building height (stories) | 6 | |
Maximum building height (stories, feet) | 20, 230 | |
Maximum density (dwelling units per acre) | 100 | |
F.
Supplementary regulations for high-rise apartments. In addition to the height and area regulations of the R-4 District, the following regulations shall apply specifically to high-rise apartments:
(1)
An accessory parking structure, limited to two stories above ground, may be permitted to cover an additional 20% of the site area. An underground parking garage upon the roof of which is situated permanent lawns, gardens and recreation areas shall not be deemed a building in the computation of lot coverage. Parking areas and access drives shall not be permitted to cover more than 35% of the site area.
(2)
The minimum distance between more than one high-rise structure on a site shall be equal to 20 feet.
(3)
Unless otherwise provided as a conditional use, all parking spaces, if leased or sold, shall be leased or sold only to the tenants of the building, and if leased, the leasing fee shall be included in the rental fee for the apartment.
(4)
There shall be no parking permitted on the access drives of any high-rise development.
(5)
All parking areas maintained as a part of a high-rise development shall be so lighted as to provide not less than 1 1/2 footcandle of illumination at all times in all parts of such areas.
(6)
Widths of rights-of-way and construction of primary access drives shall conform to prevailing City street standards.
(7)
All public utility facilities installed within a high-rise development or in connection with a high-rise development, including but not limited to electrical wires, telephone wires, sewerage pipes, gaslines and waterlines, shall be installed beneath the surface of the ground. All costs shall be borne by the developer or owner(s).
(8)
Sewage disposal facilities shall be installed according to the requirements of the City of East Orange Department of Public Works, all costs being borne by the developer or owner.
(9)
All principal buildings or parts of buildings in the high-rise development shall be constructed of Class A fire-resistive construction.
(10)
All fire protection measures and alarm systems shall be installed according to the requirements of the City of East Orange Fire Department, all costs being borne by the developer or owner(s).
(11)
The owner(s) of the high-rise development shall be responsible for the collection and disposal of garbage therein. No incinerators shall be permitted or maintained as part of a high-rise development. Processing shall be by a hydraulic compaction unit and garbage so compacted shall be removed regularly, all costs being borne by the apartment owner(s).
(12)
Outdoor usable open space.
(a)
Outdoor usable open space, which includes balconies, rooftop patios and lawn area, shall be provided as specified in Table 51-95.2.
Table 51-95.2: Required Outdoor Usable Space for High-Rise Multifamily Structures | ||
|---|---|---|
Number of Dwelling Units | Required Outdoor Usable Open Space Per Dwelling Unit (square feet) | |
Up to 75 | 40 per unit, 625 minimum | |
From 76 to 150 | 30 per additional unit | |
Over 150 | 25 per additional unit | |
(b)
The approval of the Site Plan Review Committee shall be required for the size, shape and location of such space.
(13)
Commercial service facilities.
(a)
High-rise apartment developments may include commercial service facilities therein primarily for the benefit of the tenants of the apartment, provided that the facility shall meet the following standards:
[1]
It is in its entirety physically separate from any living unit, with an independent entrance to common hallways, corridors or the exterior of the premises.
[2]
There is no advertising or display attracting attention to the premises other than to meet the minimum requirements of any statute or ordinance and except a nameplate of the size utilized for professional offices.
[3]
Such facility shall be located only in the basement or at the first-floor level of the premises.
[4]
Such facility shall be of a kind and type which is an appropriate amenity to a multifamily residential building, shall contain no stock-in-trade for display or sale, and shall be equivalent or comparable to the following types of establishments: dry-cleaning or laundry drop without equipment, barbershop, beauty parlor, health club or grocery.
[5]
No facility shall be permitted in any apartment building or project containing fewer than 100 dwelling units, nor shall any such individual establishment exceed 500 square feet in area.
[6]
Permission to operate such facility shall be conditioned on the owner and operator agreeing that such facility shall not be operated except between the hours of 7:00 a.m. and 9:00 p.m.
[7]
There shall be provided two parking spaces per employee of such facility in apartment buildings which are designed to serve primarily the use of tenants.
§ 51-96 R-O District (High-Rise Multifamily Structures, High-Rise Offices).
A.
Applicability. The regulations set forth in this section or set forth elsewhere in this chapter and referred to in this section are the district regulations for the R-O District.
C.
Conditional uses. All conditional uses permitted in the R-4 District shall be permitted, with the same conditions and regulations, in the R-O District.
D.
Accessory uses. Community facilities developed as accessory uses to a high-rise multifamily dwelling, parking areas and parking structures shall be permitted as accessory uses.
E.
Additional requirements.
(1)
The bulk requirements for high-rise multifamily structures within the R-O District are contained in Table 51-96.1.
Table 51-96.1: Bulk Requirements for High-Rise Multifamily or Office Structures | ||
|---|---|---|
Minimum lot area (square feet) | 20,000 | |
Minimum lot width (feet) | 130 | |
Minimum lot depth (feet) | 100 | |
Minimum/maximum yard depth, front (feet) | In accordance with § 51-87 | |
Minimum yard width, one side (feet) | 10 | |
Minimum yard width, both sides (feet) | 15 | |
Minimum yard depth, rear (feet) | 1/3 of building height | |
Maximum lot coverage (percent) | 60% | |
Minimum building height (stories) | 6 | |
Maximum building height (stories, feet) | 20, 230 | |
Maximum density (dwelling units per acre) | 100 | |
(2)
The bulk requirements for business, professional and governmental offices, including drive-in banks, but excluding other drive-in establishments, within the R-O District are contained in Table 51-96.2.
Table 51-96.2: Bulk Requirements for Non-High-Rise Office Structures | ||
|---|---|---|
Minimum lot area (square feet) | Existing lots shall be permitted to retain their size and dimension, but lots created through subdivision shall be larger than 3,500 | |
Minimum lot width (feet) | Existing lots shall be permitted to retain their size and dimension, but lots created through subdivision shall be wider than 30 | |
Minimum lot depth (feet) | Existing lots shall be permitted to retain their size and dimension, but lots created through subdivision shall be deeper than 95 | |
Minimum/maximum yard depth, front (feet) | Shall be in accordance with § 51-87 | |
Minimum yard width, each side (feet) | 3 | |
Minimum yard depth, rear (feet) | 25% of lot depth* | |
Maximum lot coverage (percent) | 50% | |
Maximum building height (stories) | 3 | |
Maximum building height (feet) | 35 | |
Maximum density (dwelling units per acre) | 37 | |
Maximum floor area ratio | — | |
NOTE: | ||
|---|---|---|
* | Need not exceed 45 feet. | |
F.
Supplementary regulations for high-rise multifamily dwellings. High-rise multifamily dwellings in the R-O District are subject to the same supplementary regulations which apply in the R-4 District.
G.
Supplementary regulations for high-rise office structures. In addition to the height and area regulations of the R-O District, the following regulations shall apply specifically to high-rise office structures:
(1)
An accessory parking structure, limited to two stories above ground, may be permitted to cover an additional 20% of the site area. An underground parking garage upon the roof of which is situated permanent lawns, gardens and recreation areas shall not be deemed a building in the computation of lot coverage. Total coverage by principal buildings, accessory buildings, parking areas and drives shall not exceed 75% of the site area.
(2)
The minimum distance between a high-rise structure and another structure on any site shall be equal to 1/2 the height of the taller structure.
(3)
There shall be no parking permitted on the interior streets and access drives of any high-rise office development.
(4)
All parking areas maintained as part of a high-rise development shall be so lighted as to provide not less than one footcandle of illumination at all times in all parts of such areas.
(5)
Widths of rights-of-way and construction of primary interior streets shall conform to prevailing City street standards.
(6)
All public utility facilities installed within a high-rise development or in connection with a high-rise development, including but not limited to electrical wires, telephone wires, sewerage pipes, gaslines, waterlines and cable television, shall be installed beneath the surface of the ground, all costs being borne by the developer or owner.
(7)
Sewage facilities shall be installed according to the requirements of the City of East Orange Department of Public Works, all costs being borne by the developer or owner.
(8)
All principal buildings or parts of buildings in the high-rise office development shall be constructed of Class A fire-resistive construction.
(9)
All fire protection measures and alarm systems shall be installed according to the requirements of the City of East Orange Fire Department, all costs being borne by the developer or owner.
§ 51-97 CCC District (Continuing Care Community).
A.
Applicability. The regulations set forth in this section or set forth elsewhere in this chapter and referred to in this section are the district regulations for the CCC District.
D.
Accessory uses.
(1)
The following accessory structures and uses shall be permitted within principal buildings for the SCC and CCRC permitted uses: physical therapy facilities, recreation and entertainment facilities, libraries, food preparation facilities, dining facilities, linen service facilities, nursing services, housekeeping services, security facilities, administrative offices, staff facilities, storage and maintenance facilities, chapels, temporary guest lodging facilities, parking facilities, barbershops and beauty parlors, facilities for the sale of sundries, personal articles, newspapers, food and similar convenience products to the residents, and such other uses as are customarily associated with and subordinate to the principal permitted uses. Outdoor recreation facilities shall also be permitted. Except as may otherwise be authorized, all accessory facilities, functions and services shall be for the exclusive use and benefit of the residents of the City.
(2)
Accessory uses as provided in the R-3 District shall be permitted for permitted R-3 uses in the CCC District.
E.
Additional requirements.
(1)
The bulk requirements for any use permitted or conditionally permitted in the R-3 District located within the CCC District shall be those that apply in the R-3 District.
(2)
The bulk requirements for the principal buildings for SCC or CCRC uses within the CCC District are contained in Article XVI (§§ 51-83 through 51-91) of this chapter and in Table 51-97.1.
Table 51-97.1: Bulk Requirements for SCC and CCRC Uses | ||
|---|---|---|
Minimum lot area (acres) | 8 | |
Minimum lot width (feet) | 200 | |
Minimum lot depth (feet) | 200 | |
Minimum yard width, front (feet) | 50 | |
Minimum yard width, one side (feet) | * | |
Minimum yard width, both sides (feet) | ** | |
Minimum yard width, corner side (feet) | 50 | |
Minimum yard depth, rear (feet) | 40 | |
Maximum lot coverage (percent) | 25% | |
Maximum building height (stories) | 4 | |
Maximum building height (feet) | 45 | |
Maximum density (dwelling units per acre) | 65*** | |
Maximum floor area ratio | 1.0 | |
NOTES: | ||
|---|---|---|
* | Greater of 20 feet or 1/3 of building height. | |
** | Greater of 40 feet or 1/3 of building height. | |
*** | 65 dwelling units per acre or 65 beds per acre. | |
(3)
Accessory structures and buildings shall comply with the bulk requirements for principal buildings, except that one-story accessory buildings shall have a minimum rear yard setback of 20 feet. Accessory uses shall be constructed and managed as part of the SCC or CCRC development to provide services to residents and their guests and shall not be for the general public. No exterior signs shall be permitted, beyond those allowed and specified for the CCC District. No one accessory use shall have a floor area greater than 1,000 square feet.
F.
Supplementary regulations for SCC or CCRC uses.
(1)
Senior care communities and continuing care retirement communities shall be permitted, subject to the following additional requirements:
(a)
A continuing care retirement community (CCRC) use or a senior care community (SCC) use must be age-restricted as set forth in § 51-5; must include independent living units in single-family, two-family or multifamily structures; and must also include assisted living units and nursing care units.
(b)
The SCC or CCRC shall also include facilities and arrangements for providing continuing care and meals for residents, with or without common dining facilities, and may involve accessory services customarily incidental to a continuing care retirement community.
(c)
A CCRC or SCC use shall be designed and intended to and shall offer or provide, as a minimum, services to meet the daily physical needs of elderly persons, as follows:
(d)
The combined number of assisted living units and nursing care units shall not be less than 25% nor more than 40% of the total number of independent living units.
(e)
For purposes of these permitted uses:
[1]
An "independent living unit" is a dwelling unit in a SCC or CCRC development which is unrestricted except as to an age requirement for occupancy.
[2]
An "assisted living unit" is a unit in an assisted living facility which is licensed by the New Jersey Department of Health to provide housing and congregate dining and to assure that assisted living services are available when needed to adult persons unrelated to the proprietor. Such units shall offer, as a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. "Assisted living" is a level of care between nursing care and independent living and includes a coordinated array of supportive personal and health services available 24 hours per day to residents who have been assessed to need these services. Assisted living is intended to promote resident self-direction and participation in decisions that emphasize independence, individuality, privacy, dignity and homelike surroundings.
[3]
"Nursing care units" are beds in a nursing facility that is licensed by the New Jersey State Department of Health to provide health care under medical supervision and continuous nursing care for 24 or more consecutive hours to patients who do not require the degree of care and treatment which a hospital provides and who, because of their physical or mental condition, require continuous nursing care and services above the level of room and board.
(f)
There shall be no parking area in the front yard.
(g)
There shall be a variety of design, architectural modes and setbacks for the purpose of presenting an aesthetically desirable overall effect over the entire development, with varied elevations and appearances and without excess uniformity.
(h)
The minimum room size of any room, except kitchens and bathrooms, shall be 120 square feet, excluding closets or storage space. Each apartment unit shall have a minimum of 500 square feet.
(i)
Minimum outdoor usable open space shall be provided for each dwelling unit or nursing home bed, as provided in Table 51-97.2.
Table 51-97.2: Required Outdoor Usable Open Space for SCC and CCRC Use | ||
|---|---|---|
Number of Beds or Units | Required Outdoor Usable Open Space Per Dwelling Unit (square feet) | |
Up to 75 | 120 per unit | |
From 76 to 150 | 90 per additional unit | |
Over 150 | 75 per additional unit | |
(j)
In addition to the standards and criteria set forth in this chapter, a SCC or CCRC development shall be designed especially for this age group, incorporating necessary safety and convenience features. In general, the site amenities are more critical than for multifamily projects, since residents will spend nearly all their time at the complex. Yards and passive recreation areas shall be fully landscaped. There shall be a composition of small, intimate yard and court areas for a variety of passive activities. Safety must be emphasized in the design. Particular attention shall be given to pedestrian use. Vehicular circulation drives shall be separated from pedestrian walks. Abrupt grades shall be avoided, and all changes in grades in the walk system shall be accomplished by ramps. Full compliance with all state and federal accessibility requirements, including the Americans With Disabilities Act, is also required.
(k)
Any applicant for CCRC or SCC development shall comply with the applicable provisions and procedures contained in Article VIII (§§ 51-48 through 51-49), Article IX (§§ 51-50 through 51-51), Article X (§§ 51-52 through 51-59), Article XI (§§ 51-60 through 51-66) and Article XII (§§ 51-67 through 51-74).
(l)
A certificate of occupancy may be issued upon the completion of each primary building, provided that the installation of all utilities, sidewalks, parking areas, roads and landscaping affecting the particular structure is satisfactory and has met all requirements as herein specified.
(m)
Off-street parking shall be provided in accordance with Article XXIV (§§ 51-147 through 51-165) of this chapter. Parking may be in the rear of each primary building or in a central parking area provided off the driveway, street or roadway or in a garage, where provided, or in a detached garage to the rear of the residential dwellings.
(n)
Driveways shall not be less than 12 feet wide in one direction of travel or 20 feet wide in dual direction of travel. Such driveway may be placed on the perimeter of the site and shall not be closer than 10 feet to any dwelling unit or buildings. Ingress or egress in the rear of the property or on either side of the property may be used as a common passage to parking or to a garage or the central parking area so provided. In addition thereto, there shall be a safety and buffer area of not less than 10 feet in width separating the main entrance of each building from any driveway or parking area to provide a landscaped or paved area for pedestrian use which connects each residential building with the public street.
(o)
No interior roadway within the complex shall be less than 28 feet wide. Where a cul-de-sac is provided, a diameter of not less than 90 feet shall be required.
(p)
The developer or developers, sponsor or sponsors, owner or owners of any CCRC or SCC development shall make proper and adequate provisions for the installation of roads, drives, walkways, parking facilities, water, sewerage and drainage facilities and such other desirable and necessary facilities in accordance with the requirements of the Planning Board or other municipal authority or agency having jurisdiction, control and supervision over the respective requirements herein mentioned. The installation of any and all improvements herein required shall be the responsibility of the owner, owners, developer, developers, sponsor or sponsors, and no building permit shall be issued unless and until the owner, owners, developer, developers, sponsor or sponsors shall, in accordance with the applicant, post the necessary bond to secure the installation of all site improvements necessary, including fire hydrants as may be required by the Fire Department of the City.
(q)
In any CCRC or SCC development, all public utilities on the site, including but not limited to electrical wires, telephone wires, sewerage pipes, gaslines and waterlines, shall be installed beneath the surface of the ground.
(r)
No building or part hereof shall be erected more than 300 feet in clear distance from a street or roadway.
(s)
No building or part thereof shall be erected more than 300 feet in clear depth from a fire hydrant located either on a street bounding the lot or project of which the building is a part or located within the lot or project area itself. Every such fire hydrant shall have a minimum barrel diameter of 4 1/2 inches and a connecting main of six inches in diameter.
(t)
No portion of the building below the first story shall be used for dwelling purposes, except that a basement, where the floor is less than three feet below grade, may contain living quarters for the superintendent of the buildings and his/her family and for other employees of the building owner, and such a basement shall not be counted as a story for the purposes of height regulation under this section.
(u)
Owners of CCRC or SCC developments shall be responsible for the collection and disposal of garbage, recycling and refuse.
(v)
An accessory parking structure, limited to two stories above ground, may be permitted to cover an additional 20% of the site area. An underground parking garage upon the roof of which is situated permanent lawns, gardens and recreation areas shall not be deemed a building in the computation of lot coverage. Parking areas and access drives shall not be permitted to cover more than 35% of the site area.
(w)
Distance between buildings. No building shall be located closer to another building than the height of the taller building, but in no event less than 25 feet.
(x)
No principal building shall be located within 75 feet of a residential district line.
(y)
All parking spaces, if leased or sold, shall be leased or sold only to the residents of the CCRC or SCC development, and if leased, the leasing fee shall be included in the rental fee for the apartment.
(z)
There shall be no parking permitted on the access drives.
(aa)
Documentation. Prior to site plan approval for a SCC or CCRC use, appropriate deed restrictions limiting the use of the property to the approved uses, as defined in this section, shall be prepared by the applicant, reviewed for compliance by the Planning Board and recorded in the County Hall of Records.
(bb)
One assisted living facility, one senior citizen building and one nursing home facility shall be built on a site before an application for a second principal building of any type may be submitted to the Planning Board.
(cc)
Each component of a CCRC development shall be subject to all of the requirements of the State of New Jersey relating to each particular permitted use. To qualify as a CCRC, the applicant must demonstrate that the continuing care retirement community has received or will be able to receive a certificate of authority from the State of New Jersey Department of Community Affairs, pursuant to the Continuing Care Retirement Community Regulation and Financial Disclosure Act (N.J.S.A. 52:27D-330 et seq.).