In this document, you will find rules to govern the use and design of buildings in Morristown and standards for the design of improvements, such as parking, landscaping, fencing, signage and environmental standards. This code is the first comprehensive update to the Morristown Land Development Ordinance since the previous ordinance was adopted in 1979. The standards in this document are intended to better capture the existing character and development patterns of the Town, while guiding future development in Morristown. Wherever possible, these regulations simplify the treatment of uses, buildings and site improvements in the Town and eliminate, consolidate or amend out-of-date requirements.

The standards in this code include practical and context-sensitive standards for what uses are permitted in the Town's neighborhoods and how buildings are designed in the Town. These concepts are rooted in the 2014 Morristown Moving Forward Master Plan, which focused on circulation and community form, and proposed a form-based land use code that respects the Town's existing character and its historic assets.

This code marks a shift forward in the future of zoning in Morristown. The provisions of this chapter regulate use, intensity and bulk as in the previous ordinance, but provide further guidelines to help ensure that new development strengthens long-established neighborhood character. Further, this code governs development in Morristown not only by district but also by street frontage, to ensure that the nature of new uses and buildings is consistent with that of Morristown's established neighborhoods.

Purpose A: to promote the public health, safety and general welfare.

Purpose B: to secure safety from flood, fire, panic and other disasters.

Purpose C: to provide adequate light and air.

Purpose D: to ensure development of a municipality does not interfere with the development of other municipalities or the state.

Purpose E: to promote appropriate residential densities.

Purpose F: to coordinate land development and public development.

Purpose G: to provide sufficient space for a variety of uses.

Purpose H: to encourage efficient transportation.

Purpose I: to promote a positive visual environment.

Purpose J: to promote conservation of historic and natural resources.

Purpose K: to encourage planned developments.

Purpose L: to encourage senior citizen housing.

Purpose M: to encourage coordination of public and private procedures for land development.

Purpose N: to promote renewable energy resources.

Purpose O: to promote recycling.

Limit and restrict buildings and structures to specified districts and regulate buildings and structures according to their type and the nature and extent of their use, and regulate the nature and extent of the use of land for trade, industry, residence, open space or other purposes;

Regulate the bulk, height, number of stories, orientation, and size of buildings and the other structures; the percentage of lot or development area that may be occupied by structures; lot sizes and dimensions; and for these purposes may specify floor area ratios and other ratios and regulatory techniques governing the intensity of land use and the provision of adequate light and air, including, but not limited to, the potential for utilization of renewable energy sources;

Provide districts for planned developments, provided that an ordinance providing for approval of subdivisions and site plans by the Planning Board has been adopted and incorporates therein the provisions for such planned developments in a manner consistent with Article 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-37 et seq.);

Establish, for particular uses or classes of uses, reasonable standards of performance and standards for the provision of adequate physical improvements, including, but not limited to, off-street parking and loading areas, marginal access roads and roadways, other circulation facilities and water, sewerage and drainage facilities; and

Provide for conditional uses pursuant to Section 54 of P.L.1975, c. 291 (N.J.S.A. 40:55D-67).

In 2014, the Town of Morristown overhauled its Master Plan through a robust civic engagement process that culminated in the Morristown Moving Forward Master Plan. Many of the comments received during that process emphasized a very specific vision for Morristown's future that was largely defined in terms of the character, appearance and intensity of development and how those things came to define neighborhoods. As a result, the first recommended next step to implement the contents of the 2014 Master Plan was to overhaul the Town's Zoning Ordinance to leverage current best practices and techniques and to reflect the Town's current vision for itself. The community form element of the Master Plan was crafted to serve as the basis for a design-oriented zoning ordinance, and that was the starting point for the updated regulations contained herein.

This updated Zoning Ordinance also advances several other recommendations contained in Chapter 3 of the 2014 Master Plan, specifically:

As described above, this code was crafted to ensure new development strengthens the most beloved aspects of Morristown's neighborhoods. Unlike conventional zoning ordinances, the provisions contained herein create a holistic framework for new development in Morristown that looks beyond land uses, or even beyond individual buildings, to create high-functioning and visually attractive districts, corridors, and neighborhoods. The following section is not merely informational but has been created to define the code's respective components and the legal mechanics by which they are intended to function.

The framework upon which this code is organized is more expansive than that which underlies the Town's prior zoning codes. The metrics and standards contained herein result in a more nuanced code, capable of responding to the characteristics of existing properties and their context. To that end, this chapter is divided into five substantive sections: (1) District Standards; (2) Building Standards; (3) Design Standards; (4) Additional Standards; and (5) Appendices, all of which are described below:

The standards in this chapter were drafted to protect the general welfare of the Town of Morristown. However, there may be specific instances where the enforcement of this chapter may result in undue hardship to the property owner or prevent development that advances the general welfare. As a result, the MLUL establishes a process for a property owner to request variance relief and to develop a property in a way not permitted under the chapter. There are two general types of variance relief that may be granted: "C" and "D" variances,

A "C" variance relates to development that does not conform to dimensional requirements, such as lot size, required yards, and lot coverage. These variances are permitted under standards in Section 70(c) of the MLUL. This type of variance relief can be granted for any standard that does not meet the definition of a use variance. Bulk variances may be granted by the Planning Board (in cases where a site plan or subdivision is proposed) or the Zoning Board of Adjustment (in cases where neither a site plan or subdivision is proposed or if a "D" variance is proposed). As enumerated below, deviation from dimensional requirements specified by permitted building types shall constitute require bulk relief (also referred to as a "bulk variance").

A "D" variance (also referenced herein as a "use variance") generally relates to the use of a property and the intensity of development or uses on the property. There are six types of "D" variances as enumerated in Section 70(d) of the MLUL: nonpermitted use or structure, expansion of existing nonpermitted use, conditional use, excessive floor area ratio, excessive density, and, in certain cases, excessive height. Use variances are subjected to higher scrutiny and may only be granted by the Zoning Board of Adjustment.

Lastly, there are instances in this chapter where certain deviations constitute a design waiver rather than a variance:

In Part 3 (Building Type Standards), deviations from lot regulations, building regulations, building height, and accessory standards shall require variance relief. Deviations from all other building standards shall require a design waiver.

The property owner files for approval. If the proposal requires a site plan application and is generally consistent with the chapter or only requires bulk variances, it goes before the Planning Board. If the building departs from the chapter without requiring a site plan or requires use variances, it goes before the Board of Adjustment. In either case, the proposed building is reviewed for completeness and may undergo a Technical Review Committee (TRC) meeting per Part 8.

Once the application is considered complete, it is scheduled for a hearing before the Planning Board or Board of Adjustment. Advance notice of the hearing must be sent by mail to property owners within 200 feet, and the notice must be published in the newspaper as required by the state at least 10 days before the hearing.

At the public hearing, the property owner, architect, engineer, and legal counsel for the property owner present the proposed building plans, and members of the public may comment on the proposal. The Board approves or denies the proposed building after considering the testimony of the applicant's and the Town's professionals.

If an application is approved, the applicant may be required to revise submissions or provide additional documents as conditions of approval. Compliance with these conditions is required for the Board and its professionals to sign off on the plans for a building permit and for the applicant to receive a certificate of occupancy.

When the property owner applies for a building permit from the Town Building and Construction Office, the plans are reviewed against the approved plans from the land use boards. If the plans are consistent and meet building codes, a building permit is issued.