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Morristown City Zoning Code

PART 2

District Standards

§ 30-201 ESTABLISHMENT OF DISTRICTS AND STANDARDS; CONTENTS OF CHAPTER.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
This chapter establishes the zoning districts and standard for the Town of Morristown. Included in this chapter are the following:
Zoning and Overlay Districts. This section defines each zoning and overlay district into which the Town of Morristown is divided for the purposes of this Code.
Zoning District Map. This map establishes the boundaries of zoning districts introduced in the following sections.
Frontage Map. This map defines frontage types along all streets in the town referenced in frontage-based standards (§§ 30-203 and 30-204) and frontage-based zoning regulations (§ 30-202).
District standards. Land use regulations for each zone are set forth in district regulations herein and shall govern development throughout Morristown except where other applicable regulations supersede the zone standards in this section.
Use regulations applicable to all zones. This section outlines use regulations that apply to all zones including prohibited uses, exceptions and conditions for those uses, performance parking and loading standards, and utilities standards.

§ 30-202 DESCRIPTION OF DISTRICTS.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Residential Detached (R): The R District primarily designates neighborhoods with low- to moderate-density single-family detached residential development. This district is intended to preserve the existing character of low-intensity residential neighborhoods through flexible standards that regulate buildings based on lot dimensions to reinforce established patterns of residential development in Morristown. Buildings in the R District are primarily limited to low-rise detached buildings.
Estate Overlay (E): The Estate Overlay designation recognizes, preserves, and promotes areas known for their large, architecturally and historically significant structures. Single-family dwellings in this area are relatively large for the parcels on which they are located. Development in these areas should be reviewed with the strictest scrutiny, and new development or modification to existing structures must support the existing character of the district. Generally, buildings should be constructed from the highest quality materials and incorporate a variety of historically appropriate facade elements. Front yards should be sizable with high-quality landscaping.
Single- and Two-Family Residential (MF-1): The MF-1 Zone creates a transition between higher- (MF-2, MF-3, TC, H) and lower-density areas (R). While these areas are composed largely of single- and two-family housing built before 1920, they contain a mixture of low-scale residential structures of various architectural styles. Front yards are common in these areas, and a consistent setback lends some uniformity to the streetscape in these areas that reinforces the district's distinct character. Parking is most appropriate behind or alongside buildings in this district.
Multifamily Residential (MF-2): MF-2 District designates concentrations of moderate-intensity residential development. MF-2 areas are generally located well outside the downtown and encompass a majority of the Town's planned unit developments (PUDs), although those generally fall under the PWN Overlay described below. MF-2 areas are characterized by low-scale multifamily development ranging from two-family homes to garden apartments. Parking in these areas should be located behind or alongside buildings, and a visual connection between the development itself and the public right-of-way should be maintained to better integrate these communities into the fabric of the Town.
Planned Walkable Neighborhood Overlay (PWN): The PWN Overlay designates areas that provide for a concentration of high-density single-family attached and/or multifamily residential buildings that are constructed as part of a planned development together with limited commercial structures. Buildings generally create enclaves of housing, such as a townhouse development or apartment complex, and while older communities have a tendency to be somewhat isolated and disconnected from the surrounding neighborhoods, new development is encouraged that will create a seamless connection to the established neighborhood context. Internal sidewalk networks should be connected to the public sidewalk system. Building heights are typically similar within a single development, but variation is permitted.
Critical Infrastructure Overlay (CI): The Critical Infrastructure Overlay serves to provide for limited continual use and expansion of existing critical infrastructure while imposing buffer requirements to protect surrounding residential properties.
Multifamily, Moderate Intensity (MF-3): The MF-3 District is characterized by moderate-intensity residential development typically situated along heavily trafficked corridors or just outside of the Town Center. A mixture of multifamily residential buildings is expected in this district, but low-rise (three stories or fewer) should be the dominant type and scale of buildings in this district. Somewhat higher density is envisioned within these areas, and thus it is important to ensure safe and comfortable streetscapes to link these areas with the downtown.
Neighborhood Overlay (N): The Neighborhood Overlay of the MF-3 District allows for residential development at lower intensity, which creates flexibility for smaller lots that may not be able to accommodate the building types typical of the larger MF-3 District. As lot dimensions are generally more constrained in these areas, additional lot coverage and shallower setbacks are permitted and residential buildings have a lower-scale neighborhood character.
Mixed Use Detached Neighborhood (MX-1): MX-1 Districts line Morristown's thoroughfares outside of the downtown. These districts are characterized by low-intensity single- and multi-family residential development with limited low-scale commercial and mixed-use development. While the district incorporates a mixture of uses, buildings containing a single use are not uncommon. Building types are varied; however, converted residential building types are most prevalent. As a result, buildings are generally set back from the sidewalk, with the exception of front facade additions. Consistency in building placement and streetscape design are critical to tie these areas together and connect to the Town Center.
Retail Overlay (R): The R Overlay of the MX-1 Zone recognizes, preserves, and promotes lower-intensity mixed-use development at key intersections and nodes of higher activity within predominantly residential neighborhoods. Sections of the MX-1 district with this overlay consist primarily of retail and commercial uses serving the surrounding neighborhood, but low-intensity destination commercial uses, as well as residential uses, are also appropriate. These areas have a variety of lower-scale building types, but mixed-use/commercial and mixed-use conversions are prevalent. Typically, buildings in these sections of MX-1 are built to the sidewalk, or are set back a short distance. Maintaining a consistent residential scale in commercial or mixed-use structures, with adequate buffering, is important to minimize impacts on adjacent residential uses. Parking in these local centers should be located behind or along the side of buildings.
Mixed Use, Moderate Intensity (MX-2): The MX-2 District includes areas along Morris Street and Lafayette Avenue that bring highway traffic from Route 287 interchanges into the downtown. This district is characterized by moderate-intensity mixed-use development with structures that contain strictly residential or commercial uses. This district serves as the northern gateway to the train station, and the intensity and permitted uses reflect its unique position as a transition to higher-intensity commercial areas in the Town Center. Because of the district's close proximity to regional highways, these areas tend to be more auto-oriented in character and are suited to larger commercial uses.
Large Lot Overlay (L-L): The L-L Overlay for the MX-2 District straddles Madison Avenue east of Route 287 and primarily contains high- and moderate-intensity mixed-use development oriented toward the health care industry. Standards for these specific areas are intended to reduce conflicts with and impacts from more intense office and hospital uses. This overlay is further intended to enhance the pedestrian experience while calming highway-related vehicular traffic. Any new development should be oriented toward Madison Avenue in order to create a well-defined street wall.
Town Center (TC): The TC District encompasses Morristown's downtown and transition areas to surrounding lower-scale residential neighborhoods. Buildings in this district vary widely in form, scale and age, including historic estates that have been converted to office or a mixture of office and residential uses. The inclusion of residential and mixed-use transition areas is important to minimize the creep of commercial and office uses into adjacent neighborhoods and to maintain activity in the Town Center throughout the day.
Transitional Overlay (T): The Transitional Overlay regulates areas of the Town Center further afield of the downtown core that necessitate lower-intensity development due to their location on the edges of the Town Center Zone, existing conditions, and/or proximity to lower-intensity residential areas. Uses are similar to those in the Town Center Zone, but permitted building height is reduced to a maximum of three stories, with equivalent reductions in density and FAR.
Morristown Green Overlay (MG): This zone overlay in the TC District provides for higher-intensity mixed-use development in the downtown and is centered around the Morristown Green. The MG Overlay represents the heart of Morristown and the center of activity. Mixed-use and commercial buildings dominate this area. Buildings are pedestrian-oriented and situated close to sidewalks, which are typically wider than in other districts and have a more urban streetscape treatment. Retail and similar interactive uses are encouraged at ground level in this area to promote active street life. Uses complementary to retail, including multifamily residential, are encouraged on upper levels. While permitted building heights vary based on lot size, the MG Overlay area allows for buildings at a higher scale downtown. Parking should be concentrated within structures not visible from the public realm, with short-term convenience parking located on-street.
Transit Overlay District (TOD): The TOD Overlay of the TC District is a high-intensity mixed-use area directly around the Morristown Train Station. This district is the entryway to the Town for many visitors, and it is intended to create stronger pedestrian connections between the Morristown Green and the Morristown Train Station. Building design in this area should prioritize the pedestrian realm, and incorporate human-scale architectural elements to create a comfortable and welcoming pedestrian environment. A diverse mix of uses is permitted at higher intensities in this overlay to complement the surrounding residential districts while supporting a vibrant public life around the train station.
Headquarters Plaza Overlay (HQP): The Headquarters Plaza Overlay allows for the highest intensity commercial and office uses in the Town. Located between the Town Green and the Spring Street Redevelopment Area, the HQP Overlay comprises the area of the Headquarters Plaza urban renewal project, which opened in 1982 and includes most of the Town's Class A office space. The overlay is characterized by a series of mixed-use office towers 12 to 14 stories in height with retail uses at the ground level, located in a single story shopping center that runs between the towers.
Hospital District (H): The H District encompasses the Morristown Medical Center campus and is largely composed of clustered moderate-intensity medical buildings with large setbacks.
Hospital District (H-1): The H-1 District encompasses the Atlantic Health System's Mt. Kemble campus which is occupied by multiple buildings on the border with Morris Township.
Public Purpose (PP) and Public Purpose Undevelopable (PPU) Districts consist of government owned (municipal, county, state and federal but not Morristown Parking Authority) land, including parks, buildings and other facilities.
RDV Districts are marked for properties that are regulated by an adopted redevelopment plan pursuant to N.J.S.A. 40A:12A-1 et al. When a zoning district is defined within a RDV District, the zoning district shall be treated as underlying zoning. Underlying zoning shall only take effect in the case that the redevelopment plan regulations reference the underlying zoning or in the case that the redevelopment plan is repealed.

§ 30-203.1 Complete Zone Regulation Map.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023; 2-13-2024 by Ord. No. O-2-2024]

§ 30-203.2 Zone Regulation Map: North.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023; 2-13-2024 by Ord. No. O-2-2024]

§ 30-203.3 Zone Regulation Map: Southwest.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023; 2-13-2024 by Ord. No. O-2-2024]

§ 30-203.4 Zone Regulation Map: Southeast.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023; 2-13-2024 by Ord. No. O-2-2024]

§ 30-204.1 Complete Frontage Regulation Map.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023; 2-13-2024 by Ord. No. O-2-2024]
30 Frontage Reg Map.tif

§ 30-204.2 Frontage Regulation Map: North.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 Frontage Reg Map North.tif

§ 30-204.3 Frontage Regulation Map: Southwest.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 Frontage Reg Map Southwest.tif

§ 30-204.4 Frontage Regulation Map: Southeast.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 Frontage Reg Map Southeast.tif

§ 30-205.1 District Intent.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The overarching objective of the R District is to preserve and strengthen quality of life in Morristown's residential neighborhoods. A flexible zoning mechanism has been developed to balance two often competing goals: (1) to preserve existing neighborhood identity and development patterns while (2) permitting homeowners to improve and modernize their homes. The flexible mechanism balances these goals by significantly reducing the number of preexisting nonconforming parcels and, in most cases, streamlines permitting for minor modifications to existing dwellings while also establishing design standards to guard against common concerns.

§ 30-205.2 District Identity.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Morristown's single-family housing stock is diverse and varies in age, size, and facade materials. Typically, many commonalities exist between neighborhoods developed during the same period in history. Single-family neighborhoods range from compact neighborhoods characteristic of the 1930s to larger-lot subdivisions with split-level homes built in the 1980s. Each neighborhood has a discrete character defined by lot size, proximity of buildings to one another, and the nature of the streets along which those buildings are situated.

§ 30-205.3 District Overlays.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Estate (E). The Estate Building Overlay permits estate developments, which were created to accommodate the unique development patterns of certain historic neighborhoods in Morristown. These developments exhibit a combination of lot size, building character, and frontage type. As such, there is an estate building type, estate lot type, and estate frontage type, each regulating their respective aspect. The Estate Building Type Overlay is characterized by large homes on relatively small parcels. This is a pattern that defines certain picturesque neighborhoods, but would be wholly inappropriate in other locales. This overlay accommodates and strengthens existing fabric while allowing non-overlay parcels to be appropriately regulated.

§ 30-205.4 Permitted and Conditional Uses.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Key:
P: Permitted
NP: Not permitted
C: Conditional
Use
R
E Overlay
Single-family
P
P
Park or playground
P
NP
Home occupation
C
C

§ 30-205.5 Permitted Building Types.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Key:
P: Permitted
NP: Not permitted
Building Type
R
E Overlay
Detached (all widths)
P
P
Estate
NP
P

§ 30-205.6 Lot Standards.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Residential lots in Morristown vary in width, length and land area. This code incorporates a more flexible approach to residential zoning. Building and setback standards are scaled to the size of existing parcels, which allows for uniform regulations applicable to all single-family residential zoning districts across the Town. Flexibility in yard and coverage standards helps to ensure that the majority of existing properties in the Town, even those with irregular dimensions, can be improved by their owners without excessive process. The width of the lot shall dictate the standards applicable to a given parcel (e.g. a forty-foot-wide parcel is considered "small" and thus all standards for a small lot shall be applicable). In cases of corner lots, the frontage width shall be considered the width of the lot line parallel to the front door facing a street. If frontage width on a corner lot cannot be determined based on unique site circumstance, the Zoning Officer shall make a determination.
30 Narrow Lot Std.tif
30 Small Lot Std.tif
30 Medium Lot Std.tif
30 Large Lot Std.tif
30 Wide Lot Std.tif
30 XXL Lot Std.tif
30 Estate Lot Std.tif
Narrow
Small
Medium
Large
Wide
XXL
Estate1 Lot
Width: Parcels up to 39.9 feet
Width: 40 feet to 49.9 feet
Width: 50 feet to 59.9 feet
Width: 60 feet to 74.9 feet
Width: 75 feet to 124.9 feet
Minimum width: 125 feet or more
Minimum width: 50 feet
Minimum depth: 80 feet
Minimum depth: 80 feet
Minimum depth: 80 feet
Minimum depth: 80 feet
Minimum depth: 80 feet
Minimum depth: 80 feet
Minimum depth: 100 feet
Minimum area: 2,400 square feet
Minimum area: 3,200 square feet
Minimum area: 4,000 square feet
Minimum area: 4,800 square feet
Minimum area: 6,000 square feet
Minimum area: 12,500 square feet
Minimum area: 5,000 square feet
Notes:
Flexible lot regulations above shall apply only to existing parcels. Subdivision of land shall be regulated in Subsection 30-205.9 and Part 7.
1
Estate specifications only applicable to lots within the E Overlay Zone existing at the time of ordinance adoption.

§ 30-205.7 Building Placement and Form.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Building placement.
30 Bldg Placement.tif
Building Placement
Narrow
Small
Medium
Large
Wide
XXL
Estate
a.
Setbacks
(1)
Build-to-line
Prevailing setback +/- 25%
(2)
Side yard (one) (minimum) (feet)
2
3
5
5
5
20
10
(3)
Side yard (both) (minimum) (feet)
10
13
18
18
18
45
20
(4)
Rear yard (minimum) (feet)
20
20
20
20
20
20
30
b.
Coverage
(1)
Building coverage (maximum)
35%
30%
25%
20%
20%
20%
20%1
(2)
Improved coverage (maximum)
45%
40%
35%
30%
30%
30%
30%
Note:
1
Maximum building coverage upon existing parcels that are less than 5,000 square feet may be increased to 25% building coverage.
Building standards.
30 Bldg Stds.tif
Building Standards
Narrow
Small
Medium
Large
Wide
XXL
Estate
a.
Building height (maximum)
3 stories/35 feet
b.
Accessory structure height (maximum)
15 feet
c.
Finished 1st floor
18 inches to 24 inches (visible from right-of-way)
d.
Building width (maximum) (feet)
27
27
35
60
60
80
100
e.
Building depth (maximum) (feet)
50
50
50
50
50
50
30 to 175
f.
Build-to-line occupancy
f
/
d
Minimum
80%
80%
60%
45%
40%
35%
50%
Maximum
100%
100%
85%
75%
55%
50%
100%

§ 30-205.8 Additional Standards.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Additional building and lot regulations.
Primary entrance shall face along front street.
Street facing garage doors prohibited, with the exception of corner lots. Garages on corner lots may face the street along the side of larger frontage.
Additional regulations relating to side yard setbacks:
If side yards are not of equal size, buildings shall be oriented on the parcel so that the wider side yard setback is created along the property line shared with the nearest adjacent building facade.
If a driveway is present on the subject parcel or along an adjacent parcel property line, a building shall be located to create a minimum distance of 15 feet between facades.
If no driveway is present, buildings shall be configured to create a minimum of 10 feet between facades.
If any new construction creates a condition in which less than 10 feet exist between adjacent building facades, a vegetative buffer shall be required and the new facade shall be designed so that window openings do not align with openings of the existing adjacent facade.
Permitted yard encroachments for accessory structures.
Deck/patio: may encroach into the rear yard a maximum of 10 feet; no encroachment is permitted into side yard setbacks.
A ground-mounted air-conditioning compressor may encroach up to 10 feet into the rear yard, so long as a vegetative buffer or fence is provided and would not be located less than 10 feet from the existing adjacent facade.
Exterior ramps installed for wheelchair access may encroach into all yard setbacks.
Projections.
Balconies may project up to six feet into the required rear yard setback.
Bay windows may project up to four feet into any required side yard setback which is wider than 10 feet and into any front or rear setback.

§ 30-205.9 Subdivision Regulations.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The minimum width and area for new lots created through subdivision shall match the prevailing neighborhood lot width and area as defined below.
"Prevailing neighborhood lot width and area" shall mean the average of all existing parcels within the same district and within 200 feet of the subject property. Lots divided by a municipal border shall use the calculation of the entire property on both sides of the municipal border.
Minimum lot width may be reduced to 90% of the prevailing neighborhood pattern if the new parcel is accessed by a driveway shared with the adjacent property.
All other bulk restrictions shall be governed by flexible lot standards within this section.

§ 30-205.10 Conditional Use Standards.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Home occupation: See Subsection 30-216.4.

§ 30-205.11 Quick Reference.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Standard
Code Reference
Parking standards
§ 30-218
Prohibited uses
§ 30-215
Frontage standards
Article 3C
Signage standards
Article 4I
Accessory structures
Article 3E
Site design standards
Article 4A

§ 30-206.1 District Intent.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The MF-1 District is characterized by a development pattern common in several of Morristown's existing one- and two-family neighborhoods. The MF-1 District boundaries largely follow those of the former RT-1 District, which was created in 2007 (per 2003 Master Plan). The RT-1 Zone was created by splitting the former RT District (one- to four-family) into two districts: RT-1, which was limited to two-family dwellings, and RT-2, which was limited to dwellings with a maximum of four units. The stated intent of the split was to prevent further congestion in these areas, to better protect the adjoining single-family neighborhoods, and to allow for redevelopment at an appropriate scale. Mixed-tenure neighborhoods and the dwellings within provide a variety of options for households of varying sizes, income levels, and preferences. This MF-1 Zone adds a courtyard building type which creates a new housing product that will respond to the demand for smaller, more affordable stand-alone dwellings that create realistic ownership opportunities at a wider range of income-levels.

§ 30-206.2 District Identity.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
MF-1 Districts are dispersed throughout the Town. These neighborhoods were constructed primarily before 1920, and contain a mix of one- and two-family dwellings, occupied in some cases by property owners and in other cases by tenants. Detached residential structures dominate the character of MF-1 Districts. Generally speaking, MF-1 properties are developed with reduced yard setbacks and larger structures relative to lot size as compared to most single-family neighborhoods in Town. MF-1 Districts are walkable, and connect to essential services and neighborhood amenities.

§ 30-206.3 District Overlays.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
None.

§ 30-206.4 Permitted and Conditional Uses.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Key:
P: Permitted
NP: Not permitted
C: Conditional
Use
MF-1
Single-family
P
Two-family
P
Home occupation
C
Human habitation of second principal structure
C

§ 30-206.5 Permitted Building Types.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Key:
P: Permitted
NP: Not permitted
Building Type
MF-1
Building Standards
Detached
P
§ 30-302
Semiattached
P
§ 30-304
Courtyard
P1
§ 30-305
Note:
1
Not permitted on historic suburban frontages.

§ 30-206.6 Lot Standards.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 MF1 Lot Std.tif
Lot Standards
a.
Lot width (minimum)
Standard shall use semiattached building type per Part 3. See Subsection 30-206.10 for additional subdivision regulations.
b.
Lot depth (minimum)
c.
Lot size (minimum)

§ 30-206.7 Building Placement.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 MF1 Bldg Placement.tif
MF-1 Standards
a.
Setbacks
(1)
Build-to-line
Prevailing setback +/-25%
(2)
Side yard (one) (minimum)
Standard shall use semiattached building type per Part 3.
(3)
Side yard (both) (minimum)
(4)
Rear yard (minimum)
b.
Coverage
(1)
Building coverage (maximum)
Standard shall use semiattached building type per Part 3.
(2)
Improved coverage (maximum)

§ 30-206.8 Building Form.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 MF1 Bldg Form.tif
Building Height
Minimum
Maximum
a.
Principal structure
3 stories/35 feet
b.
Accessory structure(s)
15 feet
c.
Finished ground floor (visible from right-of-way)
18 inches
24 inches

§ 30-206.9 Conditional Use Standards.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Home occupation: See Subsection 30-216.4.
Human habitation of second principal structure: See Subsection 30-216.8.

§ 30-206.10 Subdivision Regulations.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The minimum width and area for new lots created through subdivision shall match the prevailing neighborhood lot width and area as defined below.
Prevailing neighborhood lot width and area shall mean the average of all existing parcels within the same district and within 200 feet of the subject property. Lots divided by a municipal border shall use the calculation of the entire property on both sides of the municipal border.
Minimum lot width may be reduced to 90% of the prevailing neighborhood pattern if the new parcel is accessed by a driveway shared with the adjacent property.
All other bulk restrictions shall be governed by flexible lot standards within this section.

§ 30-206.11 Quick Reference.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Standard
Code Reference
Parking standards
§ 30-218
Prohibited uses
§ 30-215
Frontage standards
Article 3C
Signage standards
Article 4I
Accessory structures
Article 3E
Site design standards
Article 4A

§ 30-207.1 District Intent.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The MF-2 Zone includes most of the Town's existing planned multifamily communities. This includes existing garden apartment complexes and townhouse developments. It is recognized that redevelopment of these parcels is unlikely in the near term, given the level of existing improvement. In the event of redevelopment, the code creates for these parcels a development framework that would foster walkable, pedestrian-oriented communities taking inspiration from the New Urbanist movement and the LEED-ND program (Leadership in Energy and Environmental Design - Neighborhood Development).

§ 30-207.2 District Identity.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Existing improvements within the MF-2 District are campus style developments that are largely isolated from the surrounding neighborhood context and existing street network. The design and layout of these communities is typically oriented toward automobile rather than pedestrian accessibility. Redevelopment that occurs pursuant to MF-2 standards will include a variety of building types and walkable streets that deemphasize the automobile. MF-2 standards incorporate standards to minimize the impacts of development upon adjacent property owners, while also allowing small-scale nonresidential uses (i.e., retail) to create neighborhood amenity.

§ 30-207.3 District Overlays.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Planned Walkable Neighborhood (PWN): provides the option to develop multiple structures as part of a planned neighborhood development on a minimum of three acres. This overlay zone includes most lands previously zoned as RC (Residential Cluster).
Critical Infrastructure Overlay (CI): This overlay includes Block 701, Lots 1, 2, and 3; Block 702, Lots 5, 5.01, 5.02, 5.03; and Block 601, Lots 1 and 1.01.

§ 30-207.4 Permitted and Conditional Uses.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Uses.
Key:
P: Permitted
NP: Not permitted
C: Conditional
Use
MF-2
PWN
CI
Single-family
P
P
NP
Two-family
P
P
NP
Three- to four-family
P
P
NP
Five-or-more-family
NP
P
NP
Home occupation
C
C
NP
Wireless communication antenna
NP
C
C
Critical infrastructure
NP
NP
C
Human habitation of second principal structure
C
C
NP
Density.
District
Permitted Density (maximum)
(units per acre)
Incentive Density (maximum)1
(units per acre)
MF-2
6
25
PWN
6
16
1
Permitted building types that conform to the standards of Articles 3B, 3C (community character regulations only), and §§ 30-327 to 30-332 may be permitted an increase in residential density as indicated above. The PWN Overlay must also conform to building standards in Subsection 30-207.10a. The aggregate density for proposals within the PWN that conform to design standards is 16 units per acre.

§ 30-207.5 Permitted Building Types.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Key:
P: Permitted
NP: Not permitted
Building Type
MF-2
PWN
Building Standards
Detached house
P
P
§ 30-302
Semiattached
P
P
§ 30-304
Courtyard
P
P
§ 30-305
Townhome
P
P
§ 30-307
Apartment
NP
P
§ 30-308

§ 30-207.6 Lot Standards.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 MF2 Lot Stds.tif
MF-2, PWN, CI Standards
a.
Lot width (minimum)
50 feet
b.
Lot depth (minimum)
80 feet
c.
Lot size1 (minimum)
4,000 square feet
Note:
1
Projects in the Planned Walkable Neighborhood (PWN) Overlay shall be at least three acres.

§ 30-207.7 Building Placement.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 MF2 Bldg Placement.tif
MF-2 Standards
a.
Setbacks
MF-2, PWN, CI
(1)
Build-to-line
Prevailing setback +/- 25%
(2)
Side yard (one) (minimum)
10 feet
(3)
Side yard (both) (minimum)
20 feet
(4)
Rear yard (minimum)
30 feet
b.
Coverage
MF-2, CI
PWN
(1)
Building coverage (maximum)
20%
30%
(2)
Improved coverage (maximum)
30%
70%

§ 30-207.8 Building Form.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 MF2 Bldg Form.tif
Height1
Requirement
a.
Principal structure (maximum)
3 stories/40 feet
b.
Accessory structure(s) (maximum)
15 feet
c.
Finished ground floor, (visible from right-of-way)
18 inches to 24 inches
Note:
1
Building height in the PWN may be measured from the finished grade as opposed to the grade prior to construction, notwithstanding provisions that are contrary in this code.

§ 30-207.9 Conditional Use Standards.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Home occupations. See Subsection 30-216.4.
Wireless communication antennas. See Subsection 30-216.5.
Critical infrastructure. Any changes, modifications or intensification of existing critical infrastructure, or construction of new critical infrastructure, shall include a visual buffer at least 30 feet tall and 20 feet deep, which shall be constructed of both evergreen and deciduous plant material, and may, at the discretion of the approving agency, include masonry landscape walls as may be needed to effectively mitigate impacts to adjacent residences and public rights-of-way.
Human habitation of second principal structure. See Subsection 30-216.8.

§ 30-207.10 Overlay Standards: Planned Walkable Neighborhood (PWN).

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
PWN Overlay building standards.
No more than three of the same building plan (i.e., facade design) shall be used along a block or opposing block face.
A minimum of two different building plans shall be used in projects containing three or more buildings.
Diversity in design may be achieved by variation in color, material, building elements, and differentiation in rooflines and massing.
Regardless of facade color, identical building plans shall not be used across the street from one another.
Townhouse building types are permitted on urban residential frontage type or any frontage 100 feet away from a lower-density district.
Apartment building building types are permitted on urban residential frontage type or any frontage 200 feet away from a lower-density district.
Townhome building types in the PWN Overlay may be permitted up to a maximum 200 feet wide.
PWN Overlay frontage/street standards.
Across the development, the applicant shall use no more than 20% of the site area for all new off-street surface parking facilities, and no individual surface parking lot shall be larger than 1.5 acres. Surface parking facilities include ground-level garages unless they are under habitable building space and separated from the street with habitable space and/or lobby areas. On-street parking spaces are exempt from this limitation.
On average, on-street parking shall be provided on a minimum of 70% of both sides of all new and existing streets, including the project side of bordering streets. The percentage of on-street parking is calculated by dividing the length of street designated for parking by the total length of the curb along each street, including curb cuts, driveways, and intersection radii. Space within the parking lane that is occupied by corner bulb-outs (within 24 feet or seven meters of an intersection), transit stops, and motorcycle or bicycle parking may be counted as designated for parking in this calculation.
Off-street parking lots and garages shall not front a public street with the exception of corner parcels. On corner parcels, off-street parking lots and garages may face the street along the side of larger frontage. A minimum of 35 feet of landscaped buffer is required between the edge of any parking areas and the start of the pedestrian realm.
For 90% of new building frontages, the principal functional entry shall face a public space, such as a street, square, park, paseo, or plaza. In all cases, such entry must be connected to a sidewalk that is a minimum of four feet in width and is connected to the site-wide pedestrian circulation system. No more than 10% of new building frontages may face onto a parking lot.
Connectivity.
Applicants shall design and/or locate the project so that a through street intersects or terminates at the project boundary at least every 400 feet, or at existing abutting street intervals and intersections, whichever is the shorter distance. Connections are not required when the project boundary cannot be made because of physical obstacles, such as prior platting of property, construction of existing buildings or similar barriers.
Culs-de-sac are not permitted unless accompanied by a pedestrian path that provides through connectivity.
All residential buildings must be accessed through a publicly accessible right-of-way or private access street; gated communities are prohibited.
Design.
On average, streets shall provide street trees on both sides of at least 60% of new and existing streets within the project, and on the project side of bordering streets, at intervals averaging no more than 40 feet (12 meters).
Continuous sidewalks on both sides of 100% of new and existing street frontage shall be provided with a minimum width of four feet, or five feet to six feet if adjacent to parking.
PWN Overlay bicycle network standards.
In the event that a bicycle path, or a proposed bicycle path as outlined in the Morristown Bicycle Plan of 2013 developed by the Morristown Environmental Commission, passes within 1/4 mile of the project site boundaries, the applicant shall:
Cooperate with the Town administration, boards and professionals to effectuate off-site connections to bicycle facilities.
Ensure that all properties within the project have access to a bicycle path within 1/4 mile of their front door or the front door of their multifamily building.
The applicant shall construct parking for bicycles:
For all multifamily units, provide at least one secure enclosed bicycle storage per unit. These bicycle parking spaces do not have to be dedicated to each unit.
Provision of unenclosed bicycle parking shall conform to the standards located in Article 4H.
PWN Overlay open space/landscaping/garden standards.
Applicants shall locate and/or design the project such that a civic or passive use space, such as a square, park, or plaza, at least 1/6 acre (7,260 square feet) in area lies within a one-fourth-mile walking distance of 90% of the planned and existing dwelling units and nonresidential building entrances. Spaces less than one acre must have a proportion no narrower than one unit of width to four units of length. Open space located on the rear side of a building shall not count towards this requirement.
Seating shall be provided at a rate of one linear foot of suitable surface for every 30 feet of open space.
At least 25% of the total site shall be dedicated to common open space.
Landscaping shall be located to provide effective climatic control. The walls of a building shall be heavily vegetated on the east and west walls to provide shade from the summer sun, and the north and northwest walls to protect from winter prevailing winds. The southerly facing side of a building shall be shaded from the summer sun but open for solar gain during the winter.
To the greatest extent practicable all healthy existing trees 18 inches DBH (diameter at breast height, measured four feet above ground level) or more shall be preserved.
Individual lot landscape plans (also known as "foundation planting plans") shall be prepared for all building types. The plans shall specify foundation plant materials as well as screening and additional tree plantings. The number of plantings shall be considered over and above street tree, buffer, and basin landscape requirements.
The applicant shall use any combination of the following strategies for 50% of the nonroof site hardscape (including roads, sidewalks, courtyards, parking lots, parking structures, and driveways):
Provide shade from open structures, such as those supporting solar photovoltaic panels, canopied walkways, and vine pergolas, all with a solar reflectance index (SRI) of at least 29;
Use paving materials with an SRI of at least 29;
Install an open-grid pavement system that is at least 50% pervious; and/or
Provide shade from tree canopy (within 10 years of landscape installation).
The applicant shall not establish covenants, conditions, and restrictions or other forms of deed restrictions which state that the growing of produce is not prohibited in project areas, including greenhouses, any portion of residential front, rear, or side yards; or balconies, patios, or rooftops.
Greenhouses (but not gardens) are prohibited in front yards that face the street.
Applicants are encouraged to provide 100 square feet of community garden space for each dwelling unit constructed. Applicants who meet this requirement so that 90% of all units have community garden space within 1/8 mile of their front door shall be permitted to increase the maximum improved coverage ratio of their building types by 5%.

§ 30-207.11 Quick Reference.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Standard
Code Reference
Parking standards
§ 30-218
Prohibited uses
§ 30-215
Frontage standards
Article 3C
Signage standards
Article 4I
Accessory structures
Article 3E
Site design standards
Article 4A

§ 30-208.1 District Intent.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The intent of the MF-3 Zone is to provide for targeted development and preservation of high-density residential properties. Borders largely reflect areas of existing high-density residential development in neighborhoods near the Town's core.

§ 30-208.2 District Identity.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The MF-3 Zone consists primarily of properties that have been redeveloped for intense multifamily residential purposes. Generally, the properties in these districts are larger lots not directly adjacent to a commercial corridor. Development in this zone will be auto-oriented; however, the design of the properties will require special consideration to ensure that a pedestrian-friendly streetscape is created.

§ 30-208.3 District Overlays.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Neighborhood Overlay (N): The Neighborhood Overlay Zone provides additional flexibility for smaller-sized lots. This flexibility allows for the construction of multifamily buildings scaled to fit the context of a lower-intensity neighborhood character.

§ 30-208.4 Permitted and Conditional Uses.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Uses.
Key:
P: Permitted
NP: Not permitted
C: Conditional
Use
MF-3
N Overlay
Single-family
NP
P
Two-family
NP
P
Three- to four-family
NP
C
Five-or-more-family
P
C
Home occupation
C
C
Human habitation of second principal structure
C
C
Density.
District
Permitted Density
(units per acre)
Incentive Density1
(units per acre)
MF-3
15
45
N
15
N/A
Note:
1
Permitted building types that conform to the standards of Articles 3B, 3C (community character regulations only), and §§ 30-327 to 30-332 may be permitted an increase in residential density as indicated above.

§ 30-208.5 Permitted Building Types.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Key:
P: Permitted
NP: Not permitted
Building Type
MF-3
N Overlay
Building Standards
Detached house
NP
P
§ 30-302
Semiattached
NP
P
§ 30-304
Courtyard
NP
P
§ 30-305
Townhome
P
P
§ 30-307
Apartment building
P
NP
§ 30-308

§ 30-208.6 Lot Standards.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 MF3 Lot Stds.tif
MF-3 Standards
MF-3
N Overlay
a.
Lot width (minimum) (feet)
100
60
b.
Lot depth (minimum) (feet)
150
100
c.
Lot size (minimum) (feet)
15,000
6,000

§ 30-208.7 Building Placement.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 MF3 Bldg Placement.tif
MF-3 Standards
MF-3
N Overlay
a.
Setbacks
(1)
Build-to-line
Prevailing setback +/-25%
(2)
Side yard (one) (minimum) (feet)
20
10
(3)
Side yard (both) (minimum) (feet)
50
25
(4)
Rear yard (minimum) (feet)
30
20
b.
Coverage
(1)
Building coverage (maximum)
25%
Standard shall use semiattached building type per Part 3.
(2)
Improved coverage (maximum)
55%

§ 30-208.8 Building Form.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 MF3 Bldg Form.tif
MF-3 and MF-3(N) Height
Requirement
a.
Principal structure (maximum)
3 stories/40 feet
b.
Accessory structure(s) (maximum)
15 feet
c.
Finished ground floor (visible from right-of-way)
18 inches to 24 inches

§ 30-208.9 Conditional Use Standards.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Three- to-four-family uses.
Must conform to the design standards in Article 3B and the community character regulations in frontage standards per Article 3C.
Three-family uses shall be permitted in courtyard building types only.
Four-family uses shall be permitted in townhouse building types only.
Units shall be a minimum of 800 square feet in floor area.
Shall only be permitted in conjunction with construction of new buildings.
Five-or-more-family uses.
Must conform to the design standards in Article 3B and the community character regulations in frontage standards per Article 3C.
Permitted in townhouse building building types only.
Shall be permitted on urban residential and downtown feeder frontage types only.
Density may only be calculated on lands containing slopes less than 25% or areas that are less than 25% but are separated from the public right-of-way by a slope of 25% or greater.
Shall only be permitted in conjunction with construction of new buildings.
Home occupation.
See Subsection 30-216.4.
Human habitation of second principal structure.
See Subsection 30-216.8.

§ 30-208.10 Quick Reference.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Standard
Code Reference
Parking standards
§ 30-218
Prohibited uses
§ 30-215
Frontage standards
Article 3C
Signage standards
Article 4I
Accessory structures
Article 3E
Site design standards
Article 4A

§ 30-209.1 District Intent.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The purpose of the MX-1 is to protect Morristown's architectural heritage by providing opportunities to repurpose old residential estates for a mix of residential and office uses. This district accommodates mixed-use development at a lower intensity through the Retail Overlay, which preserves traditional neighborhood-scale commercial uses. Though commercial uses are permitted in this zone, the primary character is intended to be residential in appearance.

§ 30-209.2 District Identity.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The MX-1 Zone can be identified primarily by the form of its constituent buildings. The dominant building type is the estate building, reflecting Morristown's residential heritage. In other areas, primarily in the Retail Overlay, the urban small building type is more common. In both cases, the MX-1 reflects a mixed-use neighborhood typical of a small town or neighborhood. The primary uses are residential and small-scale office. Retail and other services are intended primarily to serve a local customer base, and not intended for larger or more intense purposes.

§ 30-209.3 District Overlays.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Retail Overlay (R): The retail overlay permits retail uses in building types permitted within the MX-1 Zone, and conditionally permits a wider range of building types, while setting forth conditional use requirements for restaurants and dining on the ground floor of buildings in the district.

§ 30-209.4 Permitted and Conditional Uses.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Uses.
Key:
P: Permitted
NP: Not permitted
C: Conditional
Use
MX-1
R Overlay
Single-family
P
NP
Two-family
P
P
Three- to four-family
C
C
Five-or-more-family
C
C
Art gallery
P
P
Artisan workshop
P
P
Child-care center
P
P
Market
NP
P
Media production1
P
P
Office, general and professional1
P
P
Office, medical1
P
P
Services, personal and general
NP
P
Restaurant, sit-down
NP
P
Restaurant, liquor-licensed
NP
C
Restaurant, cafe
NP
C
School
C
C
House of worship
C
C
Human habitation of second principal structure
C
C
Note:
1
In building where at minimum 25% of floor area, excluding basement, is occupied by at least one residential dwelling unit.
Density.
Intensity (MX-1 and R Overlay)
Permitted
a.
Permitted density (maximum)
6 units/acre
b.
Incentive density1 (maximum)
20 units/acre
c.
FAR1, 2 (maximum)
0.5
Notes:
1
Permitted building types that conform to the standards of Articles 3B, 3C (community character regulations only), and §§ 30-327 to 30-332 may be permitted an increase in residential density as indicated above, and shall be exempt from FAR as indicated above.
2
Modifications to existing buildings that do not conform to applicable lot regulations and building regulations (of a permitted building type) and building height of the district, arising from existing lot or building characteristics, shall not be subject to maximum FAR standards based on the presence of lawfully preexisting nonconformities. This exemption shall not apply to any nonconformities resulting from modifications to existing lot characteristics (i.e., subdivision/merger).

§ 30-209.5 Permitted Building Types.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Key:
P: Permitted
NP: Not permitted
Building Type
MX-1
R Overlay
Building Standards
a.
Detached
P
P
§ 30-302
b.
Estate
P
NP
§ 30-303
c.
Semiattached
P
P
§ 30-304
d.
Courtyard
P
P
§ 30-305
e.
Townhome
P1
P1
§ 30-307
f.
Urban small
NP
P
§ 30-313
Note:
1
Not permitted on Flex Frontages or Office Residential Character Frontages.

§ 30-209.6 Lot Standards.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 MX1 Lot Stds.tif
MX-1 Lot Standards
a.
Lot width (minimum)
60 feet
b.
Lot depth (minimum)
65 feet
c.
Lot size (minimum)
3,900 square feet

§ 30-209.7 Building Placement.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 MX1 Bldg Placement.tif
MX-1 Standards
a.
Setbacks
(1)
Build-to-line
Prevailing setback
+/- 25%
(2)
Side yard (one) (minimum)
10 feet
(3)
Side yard (both) (minimum)
25 feet
(4)
Rear yard (minimum)
30 feet
b.
Coverage
c.
Building coverage (maximum)
20%
d.
Improved coverage (maximum)1
30%
Note:
1
Properties within the MX-1 District may be improved to a maximum impervious coverage of 70% so long as such properties are improved with a permitted building type at the time of adoption of this chapter. This additional coverage shall only be applicable to mixed-use structures, but shall not be applicable in cases where 25% or more of the gross floor area of any existing principal structure is (or is proposed to be) demolished. These standards shall supersede any conflicting regulations contained in Part 3.

§ 30-209.8 Building Form.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 MX1 Bldg Form.tif
Height
Minimum
Maximum
a.
Principal structure
2 stories/24 feet
3 stories/36 feet1
b.
Accessory structure(s)
15 feet
c.
Finished ground floor (commercial 1st floor)
Grade level
d.
Finished ground floor (residential 1st floor visible from right-of-way)
18 inches
24 inches
Note:
1
Ground floor use is proposed, an additional one foot of building height is permitted for every foot of ground story floor-to-ceiling height in excess of 12 feet. Bonus height shall not exceed five additional feet. Any deviation in height shall be calculated from the "base height" (i.e., maximum height permitted in the district without the application of any bonuses).

§ 30-209.9 Conditional Use Standards.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Three- to four-family uses.
Must conform to the design standards in Article 3B and the community character regulations in frontage standards per Article 3C.
Three-family uses shall be permitted in courtyard building types only.
Four-family uses shall be permitted in townhouse building types only.
Units shall be a minimum of 800 square feet in floor area.
Shall only be permitted in conjunction with construction of new buildings.
Five-or-more-family uses.
Must conform to the design standards in Article 3B and the community character regulations in frontage standards per Article 3C.
Permitted in townhouse building types only.
Shall be permitted on urban residential and downtown feeder frontage types only.
Density may only be calculated on lands containing slopes less than 25% or areas that are less than 25% but are separated from the public right-of-way by a slope of 25% or greater.
Shall be located on lots with a total area of 12,500 square feet or more.
Shall only be permitted in conjunction with construction of new buildings.
Restaurant, cafe.
Cafe shall not exceed 1,000 square feet.
Total area of all signage may not exceed six square feet.
Deliveries shall be made in a vehicle no larger than a full-size passenger van.
Shall not require exterior alterations to buildings constructed before 1950.
Shall not require changes to the finished floor elevation.
Parking shall be located in the rear of the property and screened from view of the general public.
Required ADA ramps and other ADA improvements shall be located in the rear of the building and provide direct access to the parking area.
Restaurant, liquor-licensed.
Shall conform to conditional use standards for liquor-licensed restaurants contained in Subsection 30-216.1.
Houses of worship.
May only be permitted as an expansion of a larger house of worship campus where the use is permitted and where the campus connects to a street frontage on which the use is permitted.
A minimum 50% of all required parking shall be under ownership of the religious organization and shall be within 200 feet of the church.
Houses of worship shall be located along the following frontage types: downtown frontage, main street frontage, downtown feeder, main street feeder, office corridor or flex corridor.
The application shall be accompanied by the existing or proposed charter, bylaws of the organization and other documentation necessary to show that the organization:
Is a registered nonprofit religious organization.
Has been granted an exemption from taxation under the laws of both the State of New Jersey and the United States.
The organization shall not engage in sales of products or materials to the general public, or engage in commercial activity except for the following cases:
Rental of premises for meetings of other groups and events.
Fundraisers occurring over no more than four weekends per year.
Sale of religious articles, books and items.
Schools.
All parking shall be provided on-site.
Schools shall be located along the following frontage types: downtown frontage, main street frontage, downtown feeder, main street feeder, office corridor, or flex corridor.
Human habitation of second principal structure.
See Subsection 30-216.8.

§ 30-209.10 Quick Reference.

Standards
Code Reference
Parking standards
§ 30-218
Prohibited uses
§ 30-215
Frontage standards
Article 3C
Signage standards
Article 4I
Accessory structures
Article 3E
Site design standards
Article 4A

§ 30-210.1 District Intent.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The MX-2 Zone encompasses mixed use neighborhoods located on corridors outside of and disconnected from the downtown area. These neighborhoods will be more auto-oriented, but still provide a pedestrian-friendly experience. Neighborhoods in the MX-2 District are better suited for larger format commercial uses.

§ 30-210.2 District Identity.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The MX-2 Zone is concentrated along Madison Avenue and Ridgedale Avenue. Ridgedale Avenue consists of a variety of multistory building types and uses. Madison Avenue, located in the Large Lot Overlay, is dominated by large office buildings ranging from four to six stories. Larger setbacks provide an additional buffer from the higher speeds of the local streets.

§ 30-210.3 District Overlays.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Large-Lot Overlay (L-L): The Large Lot Overlay provides for higher-intensity uses along Madison Avenue, which is consistent with the current pattern of development. The principal uses along this corridor are offices and medical offices.

§ 30-210.4 Permitted and Conditional Use.

[Ord. No. O-25-2018, 7-12-2018; amended 12-14-2021 by Ord. No. O-33-2021; 8-8-2023 by Ord. No. O-11-2023]
Uses.
Key:
P: Permitted
NP: Not permitted
C: Conditional
Use
MX-2
L-L
Single-family
P
NP
Two-family
P
NP
Three- to four-family
P
NP
Five-or-more-family
P
NP
Art gallery
P
NP
Artisan workshop
P
NP
Brewery/brewpub
C
NP
Child-care center
P
P
Convenience store
P
NP
Funeral homes
C
NP
Supermarket
C
NP
Market
P
NP
Laboratory (medical/dental)
NP
P
Media production
P
P
Offices, general and professional
P
P
Office, medical
NP
P
Parking
C
NP
Services, business or personal
P
NP
Restaurant (carry-out/fast-food)
C
NP
Restaurant (coffee shop/cafe)
P
NP
Restaurant (full-service/sit-down)
P
NP
Restaurant (liquor-licensed)
C
NP
Retail
P
NP
Club, lodge, fraternal organization
P
NP
Community center
P
NP
House of worship
C
C
Nightclub or bar
C
NP
Nursing/convalescent home
NP
P
School
C
C
Wireless communication antennas
C
C
Medical cannabis dispensaries and cannabis dispensaries
C
C
Human habitation of second principal structure
C
NP
Coworking facilities
P
NP
Density.
Intensity
Permitted1
a.
Permitted density (maximum)(MX-2 only)
15 units/acre
b.
Incentive density1(maximum) (MX-2 only)
20 units/acre
c.
Floor area ratio (maximum)1, 2
1
Notes:
1
Permitted building types that conform to the standards of Articles 3B, 3C (community character regulations only), and §§ 30-327 to 30-332 may be permitted an increase in residential density as indicated above, and shall be exempt from FAR as indicated above.
2
Modifications to existing buildings that do not conform to applicable lot regulations and building regulations (of a permitted building type) and building height of the district, arising from existing lot or building characteristics, shall not be subject to maximum FAR standards based on the presence of lawfully preexisting nonconformities. This exemption shall not apply to any nonconformities resulting from modifications to existing lot characteristics (i.e., subdivision/merger).

§ 30-210.5 Permitted Building Types.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Key:
P: Permitted
NP: Not permitted
Building Type
MX-2
L-L Overlay
Building Standards
Detached
P
NP
§ 30-302
Semiattached
P
NP
§ 30-304
Courtyard
P
NP
§ 30-305
Townhome
P
NP
§ 30-307
Suburban office
NP
P
§ 30-311
Suburban small
P
P
§ 30-309
Suburban large
P
P
§ 30-310
Urban small
P
NP
§ 30-313

§ 30-210.6 Lot Standards.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 MX2 Lot Stds.tif
Lot Characteristics1
a.
Lot width (minimum)
60 feet
b.
Lot depth (minimum)
65 feet
c.
Lot size (minimum)
3,900 feet
Note:
1
These lot standards shall only apply to the MX-2 (no overlay) District. L-L Overlay shall defer to suburban small building type (§ 30-309) for lot standards.

§ 30-210.7 Building Placement.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 MX2 Bldg Placement.tif
MX-2 Standards
MX-2
L-L Overlay
a.
Setbacks
(1)
Build-to-line
Prevailing setback +/-25%
100 feet to 150 feet
(2)
Side yard (one) (minimum)
10 feet
Refer to suburban small building type.
(§ 30-309)
(3)
Side yard (both) (minimum)
25 feet
(4)
Rear yard (minimum)
30 feet
b.
Coverage
(1)
Building coverage (maximum)
Refer to semiattached building type.
(§ 30-304)
Refer to suburban small building type.
(§ 30-309)
(2)
Improved coverage (maximum)

§ 30-210.8 Building Form.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 MX2 Bldg Form.tif
Height
Minimum
Maximum
a.
Principal structure (MX-2)
2 stories/24 feet
3 stories/36 feet1
Principal structure (L-L Overlay)
3 stories/40 feet
6 stories/72 feet1
b.
Accessory structure(s)
15 feet
c.
Finished ground floor (commercial 1st floor)
Grade level
d.
Finished ground floor (residential 1st floor visible from right-of-way)
18 inches
24 inches
Note:
1
Active ground floor height bonus (See definition.): Where an active ground floor use is proposed, an additional one foot of building height is permitted for every foot of ground story floor-to-ceiling height in excess of 12 feet. Bonus height shall not exceed five additional feet. Any deviation in height shall be calculated from the base height (i.e., maximum height permitted in the district without the application of any bonuses).

§ 30-210.9 Conditional Use Standards.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Breweries and brewpubs.
Shall conform to requirements for breweries and brewpubs contained in Subsection 30-216.3
Funeral homes.
Funeral home uses must submit a traffic management plan, particularly detailing the queuing of vehicles in procession from the funeral home to the cemetery as may be the case.
Supermarkets.
The street-facing ground floor shall be occupied by active uses.
For the purpose of these conditions, the outdoor display and sale of fresh fruits and vegetables along the building frontage shall be considered an active use.
Large grocery stores shall have at least one primary entrance located on the street front.
Any required additional floors shall cover no less than 50% the linear frontage of the building. Uses in additional floors may be permitted to include cafes, office or other uses accessory to the grocery store use.
A delivery and trash collection management strategy shall be presented to the Board for review and approval.
Permitted in suburban large and urban large building types only.
Parking.
All structured parking and newly constructed surface parking shall be screened from the public right-of-way by a liner building. All other parking shall be screened from the public right-of-way through the use of walls, landscaping and other site design treatments.
Parking facilities used to meet parking demand of off-site uses shall operate under an off-site agreement as contained in § 30-218.
All structured parking facilities used for public parking shall have separate pedestrian doors and a well-lit lobby that conforms to the design requirements of Subsection 30-333.5.
All parking facilities used for paid public parking shall incorporate parking occupation sensors to alert drivers to the availability of spaces and payment-upon-departure systems to minimize the amount of on-street queuing.
Restaurant, liquor-licensed.
Shall conform with conditional use standards for liquor-licensed restaurants contained in Subsection 30-216.1.
Houses of worship.
A minimum 50% of all required parking shall be under ownership of the religious organization and shall be within 200 feet of the church.
Houses of worship shall be located along the following frontage types: downtown frontage, main street frontage, downtown feeder, main street feeder, office corridor or flex corridor.
The application shall be accompanied by the existing or proposed charter, bylaws of the organization and other documentation necessary to show that the organization:
Is a registered nonprofit religious organization.
Has been granted a taxation exemption under the laws of both the State of New Jersey and the United States.
The organization shall not engage in sales of products or materials to the general public, or engage in commercial activity except for the following cases:
Rental of premises for meetings of other groups and events.
Fundraisers occurring over no more than four weekends per year.
Sale of religious articles, books and items.
Restaurant, carry-out/fast-food.
Shall only be permitted in mixed-use buildings.
Shall be permitted only in urban small, urban large building types.
Nightclub/bar.
Shall conform with conditional use standards for nightclub and bar uses contained in Subsection 30-216.2.
Schools.
All parking shall be provided on-site.
Schools shall be located along the following frontage types: downtown frontage, main street frontage, downtown feeder, main street feeder, office corridor, or flex corridor.
Wireless communication antennas.
See Subsection 30-216.5.
Medical cannabis dispensaries and cannabis dispensaries.
See Subsection 30-216.7.
Human habitation of second principal structure.
See Subsection 30-216.8.

§ 30-210.10 Quick Reference.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Standard
Code Reference
Parking standards
§ 30-218
Prohibited uses
§ 30-215
Frontage standards
Article 3C
Signage standards
Article 4I
Accessory structures
Article 3E
Site design standards
Article 4A

§ 30-211.1 District Intent.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The Town Center is the heart of Morristown and provides for the highest development intensity. Pedestrian activity is greatest in the core, and design should be most oriented to walkability. A thorough mix of residential, office and retail uses will promote a vibrant downtown and allow families to live comfortably without access to a car.

§ 30-211.2 District Identity.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The Town Center Zone consists of mixed use buildings typically ranging from two to four stories with a shallow setback from the public right-of-way. Buildings increase in height up to five stories in the Morristown Green and Train Station Overlays and up to six stories in the Headquarters Plaza Overlay, where some preexisting towers range up to 14 stories.

§ 30-211.3 District Overlays.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Transit Overlay District (TOD): The Transit Overlay directs development around the train station and is intended to create a stronger pedestrian connection between the train station and the Morristown Green. The overlay allows additional height in an area suitable to higher-intensity uses, given its proximity of the train station. A comfortable and welcoming pedestrian environment throughout the overlay is a priority.
Morristown Green Overlay District (MG): The Morristown Green Overlay allows for greater height and bulk in the traditional downtown center of Morristown, which honors the character of existing development in this neighborhood. Buildings in the overlay district range from four to five stories and have minimal setbacks.
Headquarters Plaza Overlay District (HQP): The Headquarters Plaza Overlay accommodates greater building height at Headquarters Plaza, reflecting current development patterns. Office and hotel uses above ground-floor retail uses are recommended in this location.
Transitional Overlay District (T): The Transitional Overlay regulates areas further from the downtown core that require lower-intensity development due to their location on the edges of downtown, existing conditions, and/or proximity to lower-intensity residential areas.

§ 30-211.4 Permitted and Conditional Uses.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Uses.
Key:
P: Permitted
NP: Not permitted
C: Conditional
Use
TC, T
TOD
MG
HQP
Three- to four-family
P
P
P
NP
Five-or-more-family
P
P
P
NP
Art gallery
P
P
P
P
Artisan workshop
C
NP
NP
NP
Child-care center
P
P
P
P
Funeral home
C
NP
NP
NP
Live/work
C
C
C
C
Convenience store
P
P
P
P
Market
P
P
P
P
Supermarket
C
C
C
C
Hotel
C
C
C
C
Theater
C
C
C
C
Gaming
P
P
P
P
Media production
P
P
P
P
Offices, general and professional
P
P
P
P
Offices, medical
P
P
P
P
Coworking facilities
P
P
P
P
Parking
C
C
C
C
Services, business or personal
P
P
P
P
Restaurant (carry-out/fast-food)
C
C
C
C
Restaurant (coffee shop/cafe)
P
P
P
P
Restaurant (full-service/sit-down)
P
P
P
P
Restaurant (liquor-licensed)
C
C
C
C
Bar/nightclub
C
C
C
C
Breweries/brewpubs
C
C
C
C
Retail
P
P
P
P
Club/lodge/fraternal organization
P
P
P
P
Community center
P
P
P
P
Government/utility offices
P
P
P
P
House of worship
C
C
C
C
Park/playground
P
P
P
P
School
C
C
C
C
Outdoor dining
C
C
C
C
Wireless communication antennas
C
C
C
C
Medical cannabis dispensaries and cannabis dispensaries
C
C
C
C
Valet parking
C
C
C
C
Human habitation of second principal structure
C
C
C
NP
Extended stay
NP
C
C
NP
Note:
See Subsection. 30-211.9 for conditional use standards in the TC District.
Density.
Density
TC
T
TOD, MG
a.
Units per acre (maximum)
30
20
50
Floor area ratio (gross).
Floor Area Ratio (Gross)
Permitted FAR1
a.
Town Center (TC)
2.5 (maximum)
b.
Overlay
2.0 (maximum)
c.
TOD Overlay
4.0 (maximum)
d.
MG Overlay
4.0 (maximum)
e.
HQP Overlay
2.0 (maximum)
Note:
1
Permitted building types that conform to the standards of Articles 3B, 3C (community character regulations only), and §§ 30-327 to 30-332 (or any conflicting standards contained in Subsection 30-211.10) may be exempt from FAR as indicated above.
Modifications to existing buildings that do not conform to applicable lot regulations and building regulations (of a permitted building type), and building height of the district, arising from existing lot or building characteristics shall not be subject to maximum FAR standards based on the presence of lawfully preexisting nonconformities. This exemption shall not apply to any nonconformities resulting from modifications to existing lot characteristics (i.e., subdivision/merger).

§ 30-211.5 Permitted Building Types.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Key:
P: Permitted
NP: Not permitted
Building Type
TC, T, TOD, MG
HQP
Estate
P1
NP
Urban small
P
P
Townhome
P2
NP
Urban large
P3
P3
Mixed use tower/complex
NP
P4
Notes:
1
Estate buildings are permitted only if such buildings were in existence at the time of this Code's adoption.
2
Not permitted on downtown, downtown feeder and main street frontage types
3
Not permitted on office residential frontage type
4
Only permitted on east side of Speedwell Avenue

§ 30-211.6 Lot Standards.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 TC Lot Stds.tif
Lot Characteristics (all districts)
a.
Lot width (maximum)
250 feet
b.
Lot depth (minimum)
100 feet
c.
Lot size (maximum)
25,000 square feet
Note:
See Subsection 30-211.10 for additional HQP standards.

§ 30-211.7 Building Placement.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 TC Bldg Placement.tif
Standard (all districts)
Requirement
a.
Setbacks
(1)
Build-to-line
0 feet 10 feet1
(2)
Side yard (one) (minimum)
Refer to urban small building type. (See Part 3.)
(3)
Side yard (both) (minimum)
(4)
Rear yard (minimum)
b.
Coverage
(1)
Building coverage (maximum)
Refer to urban small building type. (See Part 3.)
(2)
Improved coverage (maximum)
Notes:
See Subsection 30-211.10 for additional HQP standards.
1
In cases where existing principal buildings on adjacent parcels are set back zero feet on downtown and main street frontage types, the required setback shall be zero feet.

§ 30-211.8 Building Form.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 TC Bldg Form.tif
Building Height
Minimum1
Maximum2
a.
TC principal structure
2 stories
4 stories/48 feet
T principal structure
2 stories
3 stories/40 feet
TOD principal structure
3 stories
5 stories/60 feet
MG principal structure
3 stories
5 stories/60 feet
HQP principal structure
5 stories
6 stories/72 feet
b.
Accessory structure(s)
15 feet
c.
Finished ground floor (commercial 1st floor)
Grade level
d.
Finished ground floor (residential 1st floor visible from right-of-way)
18 inches
24 inches
Notes:
1
Minimum building height shall comply with stories indicated above. Minimum feet shall comply with floor height standards contained in building type standards. (See Part 3.)
2
Maximum building height shall comply with the following additional regulations/allowances:
Active ground floor height bonus (See definition.): Where an active ground floor use is proposed, an additional one foot of building height is permitted for every foot of ground story floor-to-ceiling height in excess of 12 feet. Bonus height shall not exceed five additional feet. Any deviation in height shall be calculated from the base height (i.e., maximum height permitted in the district without the application of any bonuses).
Variable roof bonus: An additional one foot of building height is permitted for every foot of top story floor-to-ceiling height in excess of 12 feet. Bonus height shall not exceed five additional feet and areas with floor-to-floor height above 12 feet shall comprise no more than 20% of floor area on the top story. Any deviation in height shall be calculated from the base height (i.e., maximum height permitted in the district without the application of any bonuses).
When any TC or overlay abuts a residential only district, the portion of the building's permitted height within a thirty-foot buffer from any such residential district shall be limited to four stories/48 feet.

§ 30-211.9 Conditional Use Standards.

[Ord. No. O-25-2018, 7-12-2018; amended 12-14-2021 by Ord. No. O-33-2021; 8-8-2023 by Ord. No. O-11-2023; 5-14-2024 by Ord. No. O-9-2-24]
Artisan workshop.
Shall not be permitted on downtown or main street frontage types.
Funeral homes.
Funeral home uses must submit a traffic management plan, particularly detailing the queuing of vehicles in procession from the funeral home to the cemetery as may be the case.
Live/work.
Shall not be permitted on downtown or main street street frontages.
The residential portion of the unit shall be directly connected to the work portion of the unit.
The work portion of the unit shall be no less than 30 feet in depth measured from the front of the building.
A visual barrier shall separate the residential portion of the building from the work portion of the building.
The residential portion may only be occupied by the owner, manager, or employee of the work portion of the unit and associated family members.
The work portion of the unit shall be located along the street frontage and shall provide between 60% and 80% transparency.
The residential portion of the unit may not front along the street front on the ground level.
The work portion of the unit shall not exceed 50% of the unit's floor.
Supermarkets.
The street-facing ground floor shall be occupied by active uses.
Large grocery stores shall have at least one primary entrance located on the street front.
Any additional floors shall cover no less than 50% of the linear frontage of the building. Uses on additional floors may include cafes, office or other uses accessory to the grocery store use.
A delivery and trash collection management strategy shall be presented to the Board for review and approval.
Hotels.
Food or alcohol service shall conform to the relevant conditions for liquor-licensed restaurant, bar or nightclub, or breweries/brewpubs.
Off-site parking, if proposed, shall be managed through a valet service.
Theaters.
Where active ground floor use is required, no more than 25 feet of frontage may be dedicated to the theater.
Any additional width of the theater shall be fronted either by an active ground floor use or by a public plaza.
Use of a public plaza to meet active ground floor use requirements shall incorporate the following standards:
Be located along the street frontage requiring active ground floor uses.
Be no less than 15 feet deep as measured from the edge of the sidewalk.
Provide seating at a rate of one linear foot per 30 square feet of plaza area.
Seating shall be no less than 18 inches high and no more than 24 inches high.
The plaza area shall be open to and immediately accessible from the sidewalk for no less than 50% of the frontage.
Parking.
All structured parking and newly constructed surface parking shall be screened from the public right-of-way by a liner building. All other parking shall be screened from the public right-of-way through the use of walls, landscaping and other site design treatments.
Parking facilities used to meet parking demand of off-site uses shall operate under an off-site agreement as contained in Subsection 30-218.4f.
All structured parking facilities used for public parking shall have separate pedestrian doors and a well-lit lobby that conforms to the design requirements of Subsection 30-333.5.
All parking facilities used for paid public parking shall incorporate parking occupation sensors to alert drivers to the availability of spaces and shall incorporate payment upon departure systems to minimize the amount of on-street queuing.
Restaurant, fast-food.
Shall only be permitted in mixed-use buildings.
Shall be permitted only in urban small, urban large, and mixed-use tower/complex building types.
Restaurant, liquor-licensed.
Shall conform to conditional use standards for liquor-licensed restaurants contained in Subsection 30-216.1.
Nightclub/bar.
Shall conform to conditional use standards for nightclub and bar uses contained in Subsection 216.2.
Breweries and brewpubs.
Shall conform to conditional use standards for brewery and brewpub uses contained in Subsection 30-216.3.
Houses of worship.
A minimum 50% of all required parking shall be under ownership of the religious organization and shall be within 200 feet of the church.
Houses of worship shall be located along the following frontage types: downtown frontage, main street frontage, downtown feeder, main street feeder, office corridor or flex corridor.
The application shall be accompanied by the existing or proposed charter, bylaws of the organization and other documentation necessary to show that the organization:
Is a registered nonprofit religious organization.
Has been granted an exemption from taxation under the laws of both the State of New Jersey and the United States.
The organization shall not engage in sales of products or materials to the general public, or engage in commercial activity except for the following cases:
Rental of premises for meetings of other groups and events.
Fundraisers occurring over no more than four weekends per year.
Sale of religious articles, books and items.
Schools.
Schools shall be located along the following frontage types: downtown frontage, main street frontage, downtown feeder, main street feeder office corridor, or flex corridor.
Outdoor dining.
Use of outdoor dining facilities shall not be permitted after 11:00 p.m. nightly.
All tables and chairs within the establishment shall be stationary during open operations. Exceptions for rearranging tables to accommodate larger groups are permitted. A seating plan shall be a component of the site plan approval.
In addition, outdoor dining shall not be permitted upon parcels that have been rendered nonconforming with regard to build-to-line occupancy resulting from the demolition of a conforming structure that exists at the time of adoption. For the purposes of this provision, the term "conforming" shall be limited to build-to-line occupancy.
Outdoor dining shall be set back 10 feet from any residential property line and 15 feet from any residential district line.
A landscaped buffer shall be provided along any residential property line or residential district line according to the following standards:
A fence or wall shall be provided along the property line pursuant to § 30-418.
A vegetative buffer five feet in depth shall be provided between the fence and the outdoor dining area.
Trees shall be planted within the vegetative buffer at a height of 10 feet at planting.
Outdoor dining shall be limited to terraces and ground decks.
Wireless communication antennas.
See Subsection 30-216.5.
Medical cannabis dispensaries and cannabis dispensaries.
See Subsection 30-216.7.
Valet parking.
Valet parking shall comply with the requirements of Subsection 30-216.5g.
Human habitation of second principal structure
See Subsection 30-216.8.
Extended stay.
An extended stay use shall be located within a mixed-use building.
The ground floor of the building shall contain a minimum of 1,000 square feet of commercial space separate and apart from the extended stay use. Commercial space shall be subject to active ground floor requirements, as applicable, pursuant to Article 3C, § 30-315 et seq.
The building shall contain dwelling units equal to, or greater than, the number of extended stay guest rooms.
The building in which extended stays are located shall contain at a combination of at least 100 dwelling units and extended stay guest rooms.
The minimum size of any extended stay guest room shall not be less than 650 square feet.
At least 50% of the extended stay guest rooms shall be configured with one sleeping room.
No extended stay guest room shall have more than two sleeping rooms.
At least 50% of the extended stay guest rooms shall be furnished.
Extended stays shall provide housekeeping and laundry services for guests.

§ 30-211.10 Overlay Standards: Headquarters Plaza (HQP).

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Generally.
Loading bays shall not be permitted to front on downtown frontage types.
Active uses are required on the ground floor.
Mixed-use tower/complex standards.
A building is permitted to exceed heights listed in this section for the HQP Overlay and build to a maximum of 14 stories and 182 feet as noted under HQP building height. However, the maximum height of any new construction upon the undeveloped land along Spring Street shall be defined as "the highest point of the parapet at the rear of the existing plaza fronting along Speedwell Avenue."
Windows may not be obstructed through use of glazing, screens, or other visual impediments.
A minimum of 30% of the air rights parcel site area over the multilevel parking facility shall be used for publicly accessible open space, including, but not limited to, plazas, gardens, walkways, and playgrounds.
Urban large.
Urban large building type in the HQP Overlay is not required to provide a side yard, and there is no minimum side yard requirement when a side yard is provided.
Urban large building type in the HQP Overlay is not required to provide a minimum rear yard.
Urban large building type in the HQP Overlay is permitted a maximum of 300 feet in frontage width and 300 feet in building width.
Urban large building type in the HQP Overlay is not required to conform to the standards established in Subsection 30-314.3(F).
Urban large building type in the HQP Overlay may be permitted a maximum building coverage of 95%.
Urban large building type in the HQP Overlay may be permitted a maximum lot coverage of 100%.
Urban large building type in the HQP Overlay shall provide step backs as required per Article 3C and § 30-330, except that step back shall be at the sixth story and shall only be required along 50% of street frontage.

§ 30-211.11 Step Backs in TC District.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Step backs shall be required in the TC District and its overlays as detailed in the below table. Where the below standards conflict with those step back standards contained in Article 3C, the below standards shall supersede.
Step Backs
Step Back at Height
TC
4th Story
TOD and MG Overlays
5th Story
HQP Overlay
6th Story

§ 30-212.1 District Intent.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The H Zone serves as a place for the continued operation of the Morristown Medical Center. Given the cluster of buildings that occupies this site, the use of a floor area ratio serves to regulate the intensity of development instead of a broad reliance on height, yard and coverage controls.

§ 30-212.2 District Identity.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The H Zone houses the Morristown Medical Center. It is composed of a cluster of medical buildings and related accessory structures. Buildings are permitted up to five stories, and taller buildings are permitted with larger setbacks. Circulation through this zone is provided through private streets and cartways.

§ 30-212.3 Permitted Uses.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Uses.
Key:
P: Permitted
NP: Not permitted
C: Conditional
Use
H
Hospital
P
Medical laboratories, rehabilitation centers, etc.
P
Nursing home
P
Parking garage
P
Floor area ratio.
Maximum FAR: 1.07.
Floor area of parking garages shall be excluded from calculations of FAR in the H District.

§ 30-212.4 Lot Standards.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 H-1 Lot Stds.tif
H Standards
a.
Lot width (minimum)
500 feet
b.
Lot depth (minimum)
500 feet
c.
Lot size (minimum)
300,000 square feet

§ 30-212.5 Building Placement.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 H Bldg Placement.tif
H Standards
Minimum
a.
Setbacks
(1)
Build-to-line (minimum)
85 feet plus 1 additional foot for every foot building exceeds maximum building height
(2)
Side yard (one) (minimum)
40 feet
(3)
Side yard (both) (minimum)
90 feet
(4)
Rear yard (minimum)
55 feet plus 1 additional foot for every foot building exceeds maximum building height
b.
Coverage
(1)
Building coverage (maximum)
48.71%
(2)
Improved coverage (maximum)
80%

§ 30-212.6 Building Form.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 H Bldg Placement.tif
Height
Minimum
Maximum
a.
Principal structure
5 stories/55 feet
b.
Accessory structure(s)
15 feet
c.
Finished ground floor
At grade level

§ 30-212.7 Quick Reference.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Standard
Code Reference
Parking standards
§ 30-215
Prohibited uses
§ 30-218
Frontage standards
Article 3C
Signage standards
Article 4I
Accessory structures
Article 3E
Site design standards
Article 4A

§ 30-213.1 H-1 District Intent.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The H-1 Zone serves as the zone for the Atlantic Rehabilitation Center.

§ 30-213.2 District Identity.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The H-1 Zone houses the Atlantic Rehabilitation Center. It is composed of a principal tower building and other outlying buildings. Buildings are permitted up to three stories.

§ 30-213.3 Permitted and Conditional Uses.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Uses
Key:
P: Permitted
NP: Not permitted
C: Conditional
Use
H-1
a.
Hospital
P
b.
Medical laboratories, rehabilitation centers, etc.
P
c.
Nursing home
P
d.
Parking garage
P
Floor area ratio.
Floor Area Ratio
a.
Maximum FAR
1.0
Floor area of parking garages shall be excluded from calculations of FAR in the H-1 District.

§ 30-213.4 Lot Standards.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 H-1 Lot Stds.tif
H-1 Standards
a.
Lot width (minimum)
500 feet
b.
Lot depth (minimum)
500 feet
c.
Lot size (minimum)
400,000 feet

§ 30-213.5 Building Placement.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 H-1 Bldg Placement.tif
H-1 Standards
Minimum
a.
Setbacks
(1)
Build-to-line (minimum)
85 feet plus 1 additional foot for every foot building exceeds maximum building height
(2)
Side yard (one) (minimum)
40 feet
(3)
Side yard (both) (minimum)
90 feet
(4)
Rear yard (minimum)
55 feet plus 1 additional foot for every foot building exceeds maximum building height
Note: There shall be a seventy-five-foot buffer on all sides of the property per Subsection 30-220.2.
b.
Coverage
(1)
Building coverage (maximum)
20%
(2)
Improved coverage (maximum)
50%

§ 30-213.6 Building Form.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
30 H-1 Bldg Form.tif
Height
Minimum
Maximum
a.
Principal structure
3 stories/35 feet
b.
Accessory structure(s)
15 feet
c.
Finished ground floor
At grade level

§ 30-213.7 Quick Reference.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Standard
Code Reference
Parking standards
§ 30-215
Prohibited uses
§ 30-218
Frontage standards
Article 3C
Signage standards
Article 4I
Accessory structures
Article 3E
Site design standards
Article 4A

§ 30-214.1 PP/PPU District Intent.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The PP (Public Purpose) and PPU (Public Purpose Undevelopable) Districts consist of government-owned (municipal, county, state and federal but not Morristown Parking Authority) land, including parks, buildings and other facilities.

§ 30-214.2 Permitted Uses.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Use
PP
PPU
All government-owned (municipal, county, state and federal but not Morristown Parking Authority) land, including parks, buildings and other facilities which can be otherwise developed
Permitted
Not permitted
All government-owned (municipal, county, state and federal but not Morristown Parking Authority) land, including parks, buildings and other facilities which cannot be otherwise developed
Not permitted
Permitted

§ 30-215.1 Prohibited Uses in All Zones.

[Ord. No. O-25-2018. 7-12-2018, amended 6-10-2021 by Ord. No. O-7-2021; 3-8-2022 by Ord. No. O-5-2022; 8-8-2023 by Ord. No. O-11-2023]
The Town Council finds and determines that the following uses will be undesirable, incompatible with good planning, have a potential adverse effect on the environment and the well-being of the Town, and adversely affect the balanced zone plan and distribution of uses intended by this Part 2, to the extent that continued allowance of such uses would impair the intent and purpose of the zone plan and this section and add potential for traffic congestion, blight and an undesirable visual environment:
Auto repairs, pursuant to Subsection 30-215.2a.
Auto sales, pursuant to Subsection 30-215.2b.
Service or gas filling stations.
Parking of commercial vehicles in any residential zoning district, pursuant to Subsection 30-215.2c.
Motor vehicle storage, pursuant to Subsection 30-215.2d.
Rooming houses and boardinghouses.
Drive-in or drive-through establishments or facilities.
Slaughtering businesses.
Gun sales and shooting ranges.
Ground floor principal uses that do not meet the definition of an active use, located along a street frontage requiring an active ground floor use pursuant to Article 3C. This restriction shall apply to all component principal uses sharing a ground floor area but shall not apply to parcels located in a zoning district in which active uses are not permitted.
Commercial rooftop decks containing bars, nightclubs, and/or liquor-licensed restaurants.

§ 30-215.2 Exceptions and Conditions of Prohibited Uses.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Motor vehicle repairs. Motor vehicle repairs within residential areas shall be limited to minor repairs and maintenance, such as coolant and oil changes, headlight and taillight replacement, battery replacement, tire changes, windshield wiper replacement, and similar minor repairs. The vehicle must, at all times, be garaged during the repairs or physically placed or located on an improved surface. For the purposes of this section, the term "improved surface" shall be defined as any paved, gravel, concrete, brick or block surface. Motor vehicle repairs or maintenance of a major character, such as painting, body or frame work, any repairs requiring the removal of the engine from the vehicle, or any repairs or maintenance work requiring the use of an automated commercial hydraulic lift are hereby prohibited.
Motor vehicle for sale.
Residential and nonresidential zones.
For properties located in a residential zone, no property owner or occupant shall place or display "for sale" or similar signs on more than one vehicle at any one time while it is parked on-street or off-street in the Town of Morristown. Any such vehicle must have been owned for at least six months prior to the display of such "for sale" sign by the resident or member of his or her immediate family. Said vehicle must, at all times while such signs are displayed, be physically placed or located on an improved surface. For the purposes of this section, the term "improved surface" shall be defined as any paved, gravel, concrete, brick or block surface. The sale of motor vehicles acquired by junk title, i.e., vehicles acquired pursuant to the provisions of N.J.S.A. 39:10A-3 and N.J.S.A. 39:10A-9, N.J.S.A. 39:10-12, N.J.S.A. 39:10-15 and N.J.S.A. 39:10-16, more than once in any six-month period is hereby prohibited in any residential zone.
In nonresidential zones no person shall be permitted to place or display "for sale" or similar signs on more than one vehicle at any one time while parked on-street or off-street in the Town of Morristown unless such vehicle is placed or located on an improved surface. Such signs may be placed or displayed on such vehicle only during the hours of the day when the owner of the vehicle is employed by a nonresidential use located on the premises where the vehicle is located, except that the owner of the nonresidential use may be permitted to display such signs overnight on a single vehicle located on an improved surface if it is owned by the property owner or a member of his or her immediate family. For the purposes of this section, the term "improved surface" shall be defined as any paved, gravel, concrete, brick or block surface.
No more than two "for sale" or similar signs shall be placed or displayed within or on any motor vehicle parked on-street or off-street in the Town of Morristown.
"For sale" or similar signs placed or displaced within or on motor vehicles parked on-street or off-street in the Town of Morristown shall be no taller or wider than 20 inches by 20 inches.
"For sale" or similar signs shall not stay on the motor vehicle for longer than three continuous months.
This subsection shall not apply to any lawfully operated motor vehicle sales business.
Parking of commercial vehicles in any residential zoning district.
Up to two only commercial vehicles may be parked on one property in a residential zoning district, provided that:
The property is the principal residence of each of the drivers of each commercial vehicle.
Each commercial vehicle does not exceed 7,000 pounds in gross vehicle weight.
The maximum length of a van shall not exceed 20 feet.
The maximum length of the box in a pick-up truck shall not exceed eight feet.
The maximum area on the entire vehicle which may contain advertising of any sort, including but not limited to the name of the business/business owner, business license number, telephone number, address, logo, shall not exceed 40 square feet in area.
The commercial vehicle shall not be parked in any front or side yard, but must be parked in the rear yard or garage on the property, and if the vehicle is not garaged, the parking area must meet all setback and coverage requirements of Parts 2 and 3, and be properly screened with shrubbery or fencing so that the vehicle is shielded from view from neighboring properties.
A zoning permit has been obtained describing the commercial vehicle and its compliance with all of the preceding conditions applicable to the vehicle.
Parking of commercial vehicles containing hazardous materials, perishable food, garbage, trash or live animals is prohibited in all residential zone districts.
Motor vehicle storage.
Except at automobile service stations and garages and car dealerships, no more than one unregistered and/or uninspected motor vehicle shall be parked outside of the garage on any property, and such vehicle shall be parked on an improved surface maintained in a weed-free condition. The vehicle shall not be parked in any front or side yard, but must be parked in the rear yard or garage on the property, and if not garaged, the parking area must meet all setback and coverage requirements of this chapter and be properly screened with shrubbery or fencing so that the vehicle is shielded from view from neighboring properties. Any such vehicle shall not be utilized for storage of any items and shall be subject to all property maintenance standards applicable to accessory structures. No such vehicle shall remain outside, whether covered or uncovered, in a state of partial disassembly or disrepair or be in the process of being stripped, dismantled or overhauled. For purposes of this section, the term "improved surface" shall be defined as any paved, graveled, concrete, brick or block surface.
In no event may any unregistered and/or uninspected motor vehicle be parked outside:
On any property utilized for nonresidential purposes; and
Which property is located adjacent to a residential zone or residential use or across the street from a residential zone or residential use; and
Without first obtaining an unregistered/nonoperating vehicle permit from the Zoning Officer. To obtain a permit, a property owner must demonstrate:
The vehicle is stored in accordance with all applicable laws, including Subsection 30-215.2d1 hereof.
The vehicle is owned or leased by the business that owns/occupies the property on which the vehicle is parked.
The vehicle, except for its nonregistered or nonoperating status, is suitable for use by the business that owns/occupies the property on which the vehicle is parked.
The vehicle shall not be parked within 30 feet of any residential zone or property used for residential purposes.
This subsection shall not apply to lawfully operated junkyards.

§ 30-216.1 Liquor-Licensed Restaurants.

[Ord. No. O-25-2018, 7-12-2018; amended 10-13-2020 by Ord. No. O-29-2020; 8-8-2023 by Ord. No. O-11-2023]
Applicability. The following requirements apply to restaurants with liquor licenses as defined in the definitions section in the appendices of the code.[1]
[1]
Editor's Note: See § 30A-1.
Requirements.
All tables and chairs within the establishment shall be stationary during open operations. Exceptions for rearranging tables to accommodate larger groups is permitted. A seating plan shall be a component of the site plan approval.
Maximum occupancy calculations in conformance with the Morristown Construction Office and the New Jersey Uniform Construction Code shall be submitted to the approving entity, and no certificate of occupancy shall be granted in excess of calculations submitted to the approving entity.
Daily cleaning of the sidewalk in front of each establishment is required. This cleaning should occur before 8:00 a.m. each day.
Off-street parking shall comply with parking requirements in § 30-218.
All outside areas used for drinking and/or eating shall open no earlier than 7:00 a.m. and close no later than 11:00 p.m. Patrons shall be asked to move to areas inside the establishment or to leave. Within 30 minutes of the closing of the outside area, the establishment shall make sure that all furniture, apparatus, decorations and appurtenances and any other items used in connection with the operation of the outside area, are stacked and stored in a safe and secure location.

§ 30-216.2 Nightclubs and Bars.

[Ord. No. O-25-2018, 7-12-2018; amended 10-13-2020 by Ord. No. O-29-2020; 8-8-2023 by Ord. No. O-11-2023]
Applicability. The following requirements apply to all nightclubs and bars as defined in the definitions section in the appendices of this code.[1]
[1]
Editor's Note: See § 30A-1.
Requirements.
All garbage and recyclables shall be collected and stored in an enclosed area that contains refuse, liquids and smells.
Primary pedestrian entrances and exits shall be located on public streets. All doors at secondary and emergency entrances and exits not oriented toward commercial streets shall be closed by 11:00 p.m. except during bona fide emergencies.
All tables and chairs within the establishment shall be stationary during open operations. Exceptions for rearranging tables to accommodate larger groups are permitted. A seating plan shall be a component of the site plan approval.
Maximum occupancy calculations in conformance with the Morristown Construction Office and the New Jersey Uniform Construction Code shall be submitted to the approving entity, and no certificate of occupancy shall be granted in excess of calculations submitted to the approving entity.
New facilities shall include sufficient space to accommodate queuing for patrons. This space should be provided on-site to the greatest extent possible. If the public right-of-way is proposed for queuing, a management plan to control crowds and litter as well as to ensure adequate pedestrian circulation shall be submitted to the approving entity.
Daily cleaning of the sidewalk in front of each establishment is required. This cleaning should occur before 8:00 a.m. each day.
In the event that the nightclub or bar for which site plan approval is sought has already received prior approval from the Town Council, sitting as the Alcoholic Beverage Control Board, any subsequent approval by the Morristown Planning Board or the Morristown Zoning Board of Adjustment shall be consistent with said prior approval by the Town Council.
Off-street parking shall comply with parking requirements in § 30-218.
All outside areas used for drinking and/or eating shall close at 11:00 p.m. Patrons shall be asked to move to areas inside the establishment or to leave. Within 30 minutes of the closing of the outside area, the establishment shall make sure that all furniture, apparatus, decorations and appurtenances, and any other items used in connection with the operation of the outside area are stacked and stored in a safe and secure location.

§ 30-216.3 Breweries and Brewpubs.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Applicability. The following requirements apply to all breweries and brewpubs as defined in the definitions section in the appendices of this code.[1]
[1]
Editor's Note: See § 30A-1.
Requirements.
On-site production for all breweries and brewpubs shall not exceed 15,000 standard thirty-one-U.S.-gallon beer barrels annually.
A minimum of one on-site loading area shall be provided for each brewery or brewpub. On-street loading in public loading or parking zones is not permitted.
All tables and chairs within the establishment shall be stationary during open operations. Exceptions for rearranging tables to accommodate larger groups are permitted. A seating plan shall be a component of the site plan approval.
Maximum occupancy calculations in conformance with the Morristown Construction Office and the New Jersey Uniform Construction Code shall be submitted to the approving entity, and no certificate of occupancy shall be granted in excess of calculations submitted to the approving entity.
A developer's agreement with the Town shall be obtained establishing hours of operation, waste management, and cleaning of outdoor areas prior to operation of the brewery or brewpub.
Off-street parking shall comply with parking requirements in § 30-218.

§ 30-216.4 Home Occupations.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Home occupation to be incidental to use of dwelling. A home occupation is an accessory use of a service character conducted entirely within a dwelling, and must be clearly incidental to the use of the dwelling for dwelling purposes.
Persons engaged in a home occupation must reside on premises. Persons engaged in the home occupation must actually reside in the dwelling to which the use is accessory, and must claim that dwelling as their principal residence for voter registration, all federal and state tax purposes, mortgage financing purposes, driver's license and registration purposes and exhibit all other usual and customary incidents of principal residence use.
Number of employees limited. There shall be no more than two principals who must reside in the premises, or more than one on-premises agent, servant or employee who may reside elsewhere and no more than one business visitor at any one time.
Manufacturing and machinery restricted. No manufacturing activity or process involving the use of machines of more than one horsepower (whether gas or electric) or emitting noise audible off the premises or affecting or interfering with television, FM or radio reception off-site or producing any air or other pollutants shall be allowed.
Retail sales or sale of products from premises prohibited. No retail store or shop shall be allowed nor shall products related to the home occupation be sold on the premises.
Storage or display of materials prohibited. No storage or display of materials, goods, supplies or equipment visible from outside the principal building shall be allowed.
Percentage of dwelling used for home occupation restricted. No home occupation shall utilize more than 25% of the total gross square footage of the dwelling, not including the basement or cellar, attic, garage or any accessory building, or 500 square feet, whichever is less.
Parking spaces restricted. The home occupation shall not generate a demand for more than two parking spaces in addition to the number of parking spaces required for the residents of the premises.
Sign. The home occupation shall show no exterior evidence of its existence, except that one nonilluminated flat or window sign having an area not exceeding 60 square inches shall be permitted, which sign shall not be freestanding.

§ 30-216.5 Wireless Communications Facilities.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Purposes. It is the overall purpose of these provisions to provide specific zoning conditions and standards for the location and operation of wireless communication antennas within the Town of Morristown, to recognize the need to safeguard the public good and preserve the intent and the purposes of the Morristown Town Master Plan and Zone Plan.
Overall objective. The overall objective of these provisions is to enable the location within the Town of those antennas which are necessary to provide adequate wireless communication services while, at the same time, limiting the number of such locations to the fewest possible, and prohibiting the placement of any antennas on a tower or monopole.
Specific goals.
To minimize the total number of wireless communications antenna locations within the Town;
To limit the impact of wireless communications antennas and related facilities upon the residences and the streetscapes throughout the Town;
To safeguard the prevailing and historic character of development throughout the Town;
To encourage the location of antennas upon, or within, existing structures, existing buildings, existing water towers or standpipes, and existing telephone and electric poles and towers, especially those existing structures situated on public property;
To encourage as many antennas as possible, of as many of the wireless communication carriers as possible, to be collocated on the fewest number of existing structures within the Town;
To encourage the communication carriers to configure their facilities in a manner that minimizes and mitigates any adverse impacts upon affected properties, streetscapes and vistas through careful design, siting, landscape screening and innovative camouflaging techniques;
To formulate and maintain, for land use planning purposes, a complete inventory of all wireless communications antennas and related facilities within the Town, and others in the vicinity of the Town, which are capable of providing service within the Town;
To enhance the ability of the carriers of wireless communications services who adhere to the letter and intent of these provisions to provide such services quickly, effectively and efficiently; and
To comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. § 332 (c)(7), which preserves local government authority to enforce zoning requirements which protect public safety, public and private property and community aesthetics.
Overall comprehensive plan.
In order to effectuate the purposes, objective and goals of these provisions as noted herein above, any applicant to the Town for approval to erect a wireless communication antenna, in addition to all other information required by this subsection, shall provide threshold evidence that the proposed location of the proposed antenna(s), and/or ancillary cabinets enclosing related electronic equipment, has been planned to result in the fewest number of antenna locations within the Town at the time full service is provided by the applicant throughout the Town.
Therefore, the applicant shall provide an overall comprehensive plan indicating how it intends to provide full service throughout the Town and, to the greatest extent reasonably possible, shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of wireless communications services within and around the Town.
More specifically, the overall comprehensive plan shall indicate the following:
How the proposed location of the proposed antenna(s) specifically relates to the suitability or unsuitability of such existing structures to be utilized to provide the intended wireless communications;
How the proposed location of the proposed antenna(s) specifically relates to the anticipated need for additional antennas and supporting structures within and near the Town of Morristown by the applicant and by other providers of wireless communications services within the Town;
How the proposed location of the proposed antenna(s) specifically relates to the objective of collocating the antennas of many different providers of wireless communications services on a single supporting structure; and
How the proposed location of the proposed antenna(s) specifically relates to the overall objective of providing full wireless communications services within the Town while, at the same time, limiting the number of such locations to the fewest possible, including alternate technologies which are capable of providing the same level of service.
Location priorities. Based upon the overall comprehensive plan submitted by the applicant in accordance with Paragraph d herein above, if the Town determines that the proposed antenna(s) to be needed for the provision of full wireless communications services within the Town, utilizing the fewest number of towers as reasonably possible, wireless communications antennas for telephone, radio, paging and/or television communication shall be permitted within the Town at the following prioritized locations:
The first priority location shall be on lands owned by the Town of Morristown utilizing an existing or approved building, a water tower or water standpipe, or an existing telephone or electric pole. Any application for use of such lands and structures must be accompanied by written consent from the Town Council of Morristown to the plan and shall be subject to a written lease with the Town.
The second priority location shall be any other existing approved wireless communications antenna location, water tower or water standpipe, telephone or electric pole or church steeple within or near the Town of Morristown.
Location and number of wireless communications antennas; use of towers not permitted.
Wireless communications antennas shall only be located per Exhibit A, adopted by Ordinance No. O-6-03, which may be found on file in the Office of the Town Clerk.
Wireless communications antennas shall only be located on existing nonresidential buildings, water towers or existing transmission towers.
There shall be a limit of no more than 18 antennas at any given location.
There shall be no freestanding poles or towers within the Town of Morristown.
Maximum height. Notwithstanding any provisions of this subsection to the contrary, the following height restrictions shall apply for any wireless antenna and/or any related structure:
The proposed antenna shall not extend more than 15 feet above the roof of the structure upon which it is located; and
The height of any proposed new equipment cabinet and/or related structure shall not exceed 10.5 feet above ground level or roof surface.
Design details.
To the greatest extent possible, all cables shall be installed within underground conduits.
The color and camouflaging of a proposed antenna shall be proposed by the applicant in the context of the visibility of the antenna from different vantage points throughout the Town, and the existing land uses and vegetation in the vicinity of the subject site.
No lighting is permitted on antennas except lighting that is specifically required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties. The applicant shall provide all applicable FAA standards regarding lighting to the Planning Board.
Individual cabinets or shelters for the required electronic equipment related to the wireless communications antenna(s) shall be permitted in accordance with the following design criteria:
Any proposed cabinet or shelters or combination of cabinets and/or shelters enclosing required electronic equipment shall not be more than 10.5 feet in height above ground level or roof surface, nor more than 250 square feet in area, and only one such area for the cabinet(s) and or shelters shall be permitted for each provider of wireless communication services located on the site.
If the cabinet or equipment shelter is located on the roof of a building, the area of the equipment shelter and any other equipment and structures shall not occupy more than 10% of the roof area and shall be screened from view utilizing architectural treatments and designs.
In the case of cabinets or equipment shelters to be located on the roof of a building, the applicant shall provide testimony from a professional engineer that the roof can support the weight of such cabinet or equipment shelter.
Cabinets or equipment shelters shall comply with all applicable building codes.
Cabinets or equipment shelters may have one light per service provided at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned only when workers are at the building. The building may have a separate entrance for each service provider.
All of the electronic equipment shall be monitored and configured so that, to the greatest extent possible, the need for on-site maintenance and the commensurate need for vehicular trips to and from the site will be minimized.
No signage is permitted, unless "warning" and/or equipment information signs are deemed necessary for safety purposes and are specifically approved by the Planning Board.
Antennas shall adhere to the following restrictions:
Antennas shall not exceed eight feet above the roof parapet of the building upon which the antenna(s) is located, and in no event shall any antennas be higher than the lowest parapet of any penthouse.
Antennas shall comply with all applicable FCC and FAA regulations.
Antennas shall comply with all applicable building codes.
The antenna design shall minimize visual impact through the use of radio transparent screening designed to match the building facade to make the antenna(s) the least visually intrusive to adjacent properties. The antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
All new applicants shall be required to install radio transparent screening and shall provide engineering computations establishing engineering stability requirements to the satisfaction of the Town Engineer.
Cable design. Rooftop installations shall be designed to minimize tripping hazards on walking/working surfaces.
A certification by a qualified structure engineer of the building's ability to support the weight of the antenna(s) and all accessory equipment and structures.
The design of ancillary equipment shall incorporate noise attenuation for noise produced by emergency generators installed to provide power to the facility in emergency situations.
Site plan submission and approval requirements.
The checklist for any application for approval of the construction or installation of wireless communications antennas, pursuant to this subsection, shall contain all the documents required by this subsection.
The applicant shall specifically address each of the design details enumerated in this subsection, hereinabove.
Wireless communications antennas, and related electronic equipment, shall require preliminary major site plan approval and final major site plan approval in accordance with the Land Use Regulations of the Town of Morristown.
In addition to the applicable documentation and items of information required for site plans specified in this subsection, the following additional documentation and items of information specific to wireless communications antennas are required to be submitted to the Planning Board for review and approval as part of the submission of the preliminary site plan application:
Documentation by a qualified expert that any existing structure proposed for the location of the antenna will have sufficient structural integrity to support the proposed antenna, and that the safety hazards resulting from ice falling from the structure and the antenna have been adequately mitigated.
Evidence from an independent expert to be presented by the applicant that all equipment will comply with the then-current Federal Communications Commission (FCC) rules and regulations, including that radio frequency (RF) emissions will be within the FCC guidelines. Any approval shall contain a condition that the applicant shall provide a report to the Board Engineer from an independent expert that the RF emissions are within the FCC guidelines within 90 days after installation is complete, and that upon any change in FCC guidelines or regulations governing same the applicant shall within 120 days of such change provide a report to the Board Engineer from an independent expert that the RF emissions are within the revised FCC guidelines or regulations. In the event that the Board retains the services of a radio frequency engineer pursuant to Paragraph (c) below, then the applicant's RF report shall be submitted to the Board's radio frequency expert for review.
In addition to its normal professional staff, given the technical and specialized nature of the testimony by the applicant's radio frequency expert(s), the Planning Board may hire its own radio frequency expert to review and comment upon the testimony presented by the applicant. Additionally, based upon other testimony presented by the applicant, the Planning Board may hire other experts with specialized areas of expertise if deemed necessary.
Restoration provisions. Except for proposals to locate antennas on lands owned by the Town of Morristown, the applicant (and the landowner in the instance of a leased property) shall provide a performance bond and/or other assurances satisfactory to the Planning Board and in a form approved by the Town Attorney that will cause the antennas, the electric equipment cabinets, any building enclosing the electronic equipment cabinets, and all other related improvements to the land to be removed, at no cost to the Town, when the antennas are no longer operative. Any wireless communications antenna facility not used for its intended and approved purpose for a period of six months shall be considered no longer operative and shall be removed by the responsible party within 60 days thereof.
Other requirements. All other applicable requirements of the Morristown Land Use Regulations not contrary to the specific conditions and standards specified herein shall be met, but waivers and/or variances of such other applicable requirements of this subsection may be granted by the Planning Board. Additionally, based upon the site specific information presented by the applicant during site plan review, the Planning Board may grant deviations from the literal requirements for wireless communications antennas specified above, provided that the purposes, overall objective and specific goals, respectively specified herein are advanced by the deviations.

§ 30-216.6 Bed-and-Breakfast.

[Added 11-12-2019 by Ord. No. O-43-2019; amended 8-8-2023 by Ord. No. O-11-2023]
Purpose and intent. The purpose of the provisions included in this subsection are to provide specific conditions for the location and operation of bed-and-breakfasts within the Town of Morristown.
Policy basis.
The Town of Morristown is an historical Morris County community whose history dates back prior to the Revolutionary War. As such, the Town has a singular historic charm that continues to attract both permanent residents and visitors to its nearby historic sites. The Town enthusiastically promotes tourism as an economic opportunity for the community and is especially proud and protective of the many homes whose construction and architecture date back to Morristown's early and gilded years, when wealthy financiers and industrialists built mansions in Morristown and conveniently took the train between "the country" and their work or other homes in New York. Maintaining these large properties today as single-family residences, however, has become extremely difficult and impractical, whether because of the overall costs associated with maintaining such large homes, their architectural features, size, or configuration, and/or because families have fewer children, thereby not needing such large homes. Nevertheless, the homes' architectural beauty and importance to Morristown's heritage has never been overlooked, with the Town looking for practical ways to preserve the properties.
One suggested way to preserve these classic homes for the benefit of the community has been their adaptive reuse and preservation by licensing select properties that meet specific physical criteria as bed-and-breakfasts (B&Bs). This designation would allow properties to be maintained by an owner or manager occupant, while providing short-term lodging for a limited number of guests. By doing so, qualified property owners could have an added source of income that would enable them to purchase and live in the home and also offer a practical business component that would provide additional income needed to maintain the home and its historic charm, while also supporting Morristown's commitment to its heritage and interest in promoting Morristown as an historic destination.
While Morristown has a core historic residential district, there are other properties scattered through the town that might also qualify for B&B licensing. However, it must be noted and emphasized that not every large or even historic home in every neighborhood in the community will meet the requirements to obtain B&B status, whether because of the lot size, number of bedrooms and baths, or availability of off-street parking.
The proposed ordinance is intended to permit B&Bs as a low-intensity hospitality use with minimal impact to traffic, the natural environment or nearby single-family residences. It is designed to be supportive of Morristown as a highly desirable residential community and also offer a practical business incentive that would provide the kind of financial support necessary to maintain both the Town's residential character and historic charm, while at the same time recognizing that these goals cannot and must not be implemented at the expense or disregard of neighboring residences and the community as a whole.
Licensing. All bed-and-breakfast uses shall comply with applicable licensing requirements contained in Chapter 4 of the Town Code.
General requirements.
Licensed bed-and-breakfasts within the Town of Morristown shall contain no fewer than three bedrooms and no more than eight bedrooms available to guests for lodging. The maximum capacity of each bedroom shall be two adults and two children.
No more than 16 individuals including children over the age of six, shall stay at a licensed bed-and-breakfast at any one time.
Bathrooms should be provided at a rate of one full bathroom per two rented bedrooms, exclusive of a dedicated bathroom for the owner.
Bed-and-breakfast owners must reside on the premises within the principal structure.
At all times when guests are staying in the licensed bed-and-breakfast, the owner(s) shall remain within 15 minutes of the subject property and a sign will be posted with name and emergency phone number when owners are not on the immediate property, per state Fire Prevention Regulations.
Food service and preparation shall be limited to breakfast for guests currently staying on the premises and incidental refreshments for paying overnight guests, including but not limited to nonalcoholic beverages, cookies, crackers, cheese, crudites, etc. and not advertised to the general public as a restaurant.
Detached secondary or accessory structures may not be used for guest rooms as a part of the bed-and-breakfast operation.
No more than two nonresident employees may be employed for the regular operation of the bed-and-breakfast.
Rooms that constitute legal bedrooms below or partially below grade shall not be used for guest lodging.
No less than 1,000 linear feet from property line to property line shall be provided between separate B&B establishments.
The site shall be able to provide 150 square feet of common area for use of guests, per UFC requirements. This can include porch, library, dining room, but cannot include the lobby. If more than 10 guests, the minimum requirement is 300 square feet.
Bulk requirements.
On-site accessory uses or structures, including parking areas, refuse enclosures, utilities, patios, sheds, etc., shall comply with all yard and buffer requirements for the zoning district in which the property is located. At a minimum, no such area or structure shall be closer than five feet to an adjacent commercial district or use, 10 feet to mixed-use with residential or multifamily use or district, and no closer than 15 feet to a residential use or district. A minimum of half of the width of the setback but no less than five feet in width shall be the required buffer which shall contain a combination of fences, walls, and/or evergreen trees a minimum of six feet tall to visually screen such areas or structures from all sides.
One off-street parking space shall be provided for each guest bedroom. Tandem parking for guests is strictly prohibited.
One dedicated off-street parking space shall be provided for each owner operator and one per each nonresident employee engaged in the regular operation of the bed-and-breakfast.
All parking shall be located to the rear of the principal structure.
Total improved coverage on the property shall not exceed 60% of overall land area.
Building coverage on the property shall not exceed 50% of overall land area.
Signage for the residence shall be restricted to a single ground or wall graphic, but not both, in the front yard or on the front wall of the residence. Ground signs shall be set back a minimum of five feet from the sidewalk or right-of-way line, whichever is greater. Ground signs shall be a maximum of six feet in height. Ground and wall signs shall be a maximum of eight square feet in area.
No sign may be illuminated by more than two fixtures. Fixtures shall be designed and located to shield neighboring properties and the public right-of-way from glare and light spillage. Internally lit or backlit signs are strictly prohibited.
No signs shall display a telephone number or indication that the residence is full or vacant. Exterior lighting around the residence shall be shaded to prevent illumination off-site. All exterior lighting, except for demonstrated security needs, shall be turned off by 9:00 p.m. Footcandle levels must comply with the requirements of the zone, and color temperature shall not exceed 3,000° K if adjacent to any residential districts or permitted residential uses, or may not exceed 4,000° K elsewhere.
All refuse storage will be enclosed by a visually solid fence or masonry wall which complements the building architecture.
Perimeter buffers to residential uses shall contain a combination of fences, walls, and/or evergreen trees with a minimum planting height of five feet. Minimum required buffer widths are:
Seven and five-tenths feet wide to a mixed-use with residential or multifamily use or district.
Ten feet wide to a residential use or district.
Site shall comply with all other bulk/design requirements of the zone.
Submission requirements.
All bed-and-breakfast applications shall be subject to review by the Historic Preservation Commission.
Violations and penalties.
On any holder of a license for a bed-and-breakfast who violates any provision of this chapter may be subject to forfeiture of the license issued by the Town of Morristown.
Additionally, any property owner who violates any provision of this chapter or who operates a bed-and-breakfast without a license, shall be subject to a fine of not more than $1,250. Each day of illegal operation shall be considered a separate violation of this chapter.

§ 30-216.7 Medical Cannabis Dispensaries and Medical Cannabis Dispensaries with Approval To Operate as Cannabis Retailer Licenses or Class 5 Cannabis Licensed Retailers.

[Added 12-14-2021 by Ord. No. O-33-2021; amended 8-8-2023 by Ord. No. O-11-2023]
Applicability. The following requirements apply to all medical cannabis dispensaries, medical cannabis dispensaries with approval to operate as cannabis retailer licenses or cannabis licensed retailers as defined in the definitions section in the appendices of this code.[1]
[1]
Editor's Note: See § 30A-1.
Requirements for medical cannabis dispensaries, medical cannabis dispensaries with approval to operate as cannabis retailer licenses or cannabis licensed retailers:
Cannot be located within 1,000 feet of an elementary, middle or high school.
A distance of no less than 1,000 feet from another medical cannabis dispensary or cannabis licensed retailers is permitted.
Cannot be located within 200 feet of a house of worship.
Distances are measured as line of site.
There shall be no outside storage of any marijuana products and a medical cannabis dispensary or cannabis licensed retailer shall be prohibited from displaying any products within the public right-of-way.
A floor plan shall be submitted showing the extent of the use contained in the enclosed building, location of products, storage of products, and all security measures in place.
The consumption of marijuana, drugs and alcohol in the establishment shall be prohibited.
Emissions/odors of materials and products shall be prohibited.
Operational hours shall be restricted to no earlier than 9:00 a.m. and no later than 8:00 p.m. on Monday through Saturday and no earlier than 12:00 p.m. and no later than 8:00 p.m. on Sunday.
Security, such as security cameras, required locks/safes, security officer on-site, emergency plan submission, etc., shall be required.
Pedestrian queuing plan submission shall be required.
Images of cannabis, related products, and specific words referring to marijuana (i.e., slang), or advertising targeting young adults shall be prohibited on all signage for the establishment.
Any medical cannabis dispensary or cannabis licensed retailers may only be involved in the use specifically permitted by its definition.
All licensing requirements shall be followed, and any medical cannabis dispensary or cannabis licensed retailers shall be in compliance with any applicable state or local laws, ordinances or codes.
Parking and loading requirements shall require the greater of three spaces per service/sale window or six spaces per 1,000 square feet.

§ 30-216.8 Human Habitation of Second Principal Structure.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Applicability. The following requirements apply to all human habitation of second principal structure.
Requirements.
Must conform to design standards in Article 3B and the community character regulations in frontage standards per Article 3C.

§ 30-217.1 Live Entertainment.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Applicability. The following requirements apply to all structures incorporating theater uses.
Requirements.
Properties shall conform to § 3-1 of the Town Ordinances.

§ 30-217.2 Maintenance Plan for Certain Residential Properties.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Applicability: The following regulations apply to all properties with three or more residential units.
Requirements.
A maintenance plan shall be required subject to Board approval.

§ 30-218.1 Parking Standards Table; Quick Reference.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023; 5-14-2024 by Ord. No. O-9-2-24]
The following table determines the parking standard (minimum/maximum) applicable to a property based on use.
Parking Category
R
EB Overlay (R)
MF-1
MF-2
PWN Overlay (MF-2)
CI Overlay (MF-2)
MF-3
N Overlay (MF-3)
MX-1
R Overlay (MX-1)
MX-2
L-L Overlay (MX-2)
TC and Overlays (T, TOD, MG, HQP)
H and H-1
Residential (per unit)
2/NA
1.5/NA
2/NA
1.5/2.5
1.5/3
NP
1.5/3
1.5/3
1.5/2.5
1.5/3
1.5/2.5
NP
1.5/2.5 (not HQP)
NP
Bars, taverns and nightclubs (per 1,000 square feet of gross floor area)
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
20/30
NP
20/30
NP
Breweries and brewpubs (per 1,000 square feet of net floor area open to the public for drinking and congregating)
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
20/30
NP
20/30
NP
Retail/commercial (per 1,000 square feet of gross floor area)
NP
NP
NP
NP
1/2
NP
NP
NP
2.5/3.5
2.5/3.5
2.5/3.5
NP
2.5/3.5
NP
Restaurants, and liquor-licensed restaurants (per 2 seats and 2 linear feet of bar area)
NP
NP
NP
NP
NP
NP
NP
NP
NP
1/1.5
1/1.5
NP
1/1.5
NP
Restaurants, coffee shops/cafe (per 100 square feet of gross floor area)
NP
NP
NP
NP
NP
NP
NP
NP
NP
1/1.25
1/1.25
NP
1/1.25
NP
Restaurant, carry-out/fast-food (per 100 square feet of gross floor area)
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
1/1.5
NP
1/1.5
NP
Office (per 1,000 square feet of gross floor area)
NP
NP
NP
NP
NP
NP
NP
NP
2.5/3.5
2.5/3.5
2.5/3.5
3/5
2.5/3.5
NP
Office, medical (per 1,000 square feet of gross floor area)
NP
NP
NP
NP
NP
NP
NP
NP
4/6
4/6
NP
5/7
5/7
NP
Theater (per 10 seats)
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
1.6/3.3
NP
Hotel/inn (per room)/extended stay (per extended stay guest room)
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
0.5/1
NP
House of worship (per 10 seats or 56 square feet of sanctuary space if worship does not utilize seating)
NP
NP
NP
NP
NP
NP
NP
NP
2/5
2/5
2/5
2/5
2/5
NP
Education/library (per 1,000 square feet of gross floor area)
NP
NP
NP
NP
NP
NP
NP
1/3
1/3
1/3
1/3
1/3
1/3
NP
Hospital (per 0.4 beds, 200 square feet of administrative space, 3 seats in public assembly area)
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
0.75/1.25
Critical infrastructure (per 1,000 square feet of gross floor area)
NP
NP
NP
NP
NP
3/4
NP
NP
NP
NP
NP
NP
NP
NP
Institutional/civic uses (per 1,000 square feet of gross floor area)
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
1/3
NP
1/3
NP
Note:
Where an applicant before the Zoning Board is seeking a use variance and such parking ratio is not indicated in the chart above for their district, the most restrictive parking requirement for the use (if indicated in another district) shall be used in determining the parking requirement for application purposes.
Quick reference.
Standard
Code Reference
Parking design standards
Article 4F

§ 30-218.2 Parking Deemed Bulk Standard.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The parking requirements of this section shall be deemed bulk requirements rather than use requirements unless the enabling legislation is construed to be contrary by binding decision of a court or competent jurisdiction.

§ 30-218.3 Compliance with Site Plan.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
All parking areas shall comply with all site plan requirements of this chapter. No required parking area shall be encroached upon by storage or any other use.

§ 30-218.4 TC Exemption.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
In the TC District, the parking requirements of this schedule shall not apply to a change of permitted use in any existing building or to any new building replacing an existing building and having a gross floor area equal to or smaller than the former building. This exemption shall not apply whatsoever in cases where the floor area of the replacement building(s) exceeds the floor area of the structure(s) to be replaced. Conditional uses in the TC District shall comply with this schedule, and are not permitted to use the TC exemption. This exemption shall not apply in cases where any existing on-site parking is proposed to be removed or was removed within the preceding five years.

§ 30-218.5 Automotive Parking.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Single use parking ratios.
The number of required spaces for a single use property shall be determined by the table in Subsection 30-218.1a. The minimum required parking spaces shall be the first number and the maximum permitted parking spaces shall be the last number.
When a use is not permitted in a district, the largest minimum and maximum parking requirement for that use in any district shall apply.
Shared parking.
The number of required spaces for two or more land uses shall be determined by the following procedure:
Establish baseline. Determine the minimum and maximum amount of parking required for each individual use, as set forth in Subsection 30-218.1a.
Factor in occupancy rates. For each of the six time periods in the table below, multiply the minimum and maximum and parking required for each individual use by the appropriate percentage indicated in the table below.
Shared Parking Occupancy Rates
Monday-Friday
Saturday - Sunday
Use
8:00 a.m. - 6:00 p.m.
6:00 p.m. - Midnight
Midnight - 8:00 a.m.
8:00 a.m. - 6:00 p.m.
6:00 p.m. - Midnight
Midnight - 8:00 a.m.
Education
100%
20%
5%
10%
10%
5%
Institutional
100%
20%
5%
10%
10%
5%
Office
100%
20%
5%
5%
5%
5%
Theater
40%
80%
10%
80%
100%
10%
Religious
10%
5%
5%
100%
50%
5%
Residential
80%
100%
100%
80%
100%
100%
Restaurant (including all uses serving alcohol)
70%
100%
10%
70%
100%
20%
Retail/commercial
90%
80%
5%
100%
70%
5%
Hotel
70%
100%
100%
70%
100%
100%
Hospital
100%
100%
100%
100%
100%
100%
Add: sums of each of the six columns individually.
Determine minimum and maximum parking requirement. For both minimum and maximum parking requirements, the column with the highest value shall serve as the parking requirement.
Example shared parking calculation.
The following is an example of how to calculate multi-use parking for three uses: residential apartments requiring 10 parking spaces, office space requiring 15 spaces, and a religious institution requiring 20 spaces.
30 Ex Shared Parking Calc.tif
Parking location.
Permitted parking locations.
Zone
Permitted
Conditional
R
Rear
Front yard parking1
EB Overlay
Side, rear
Front yard parking1
MF-1
Side, rear
Front yard parking1
MF-2
Rear
MF-2 (PWN)
Side, rear
MF-3
Side, rear
MF-3 (N)
Rear
MX-1
Rear
Front yard parking,1 off-site2
MX-1 (R)
Rear
Off-site2
MX-2
Rear
Off-site2
MX-2 (L-L)
Rear
Off-site2
TC
Rear
Off-site2
TC (T)
Rear
Off-site2
TC (TOD)
Rear
Off-site2
TC (MG)
Rear
Off-site2
TC (HQP)
Rear
Off-site2
H
Rear
Off-site2
Notes:
1
Subject to the design standards of Subsection 30-218.5f.
2
Subject to the conditions of Subsection 30-218.5e.
General parking location requirements.
Parking is prohibited in front and side yards unless otherwise noted in this code. Where side yard parking is allowed, parking areas, including portions of the driveway applied to the required parking standards, may not sit forward of the principal building facade.
Parking areas are not permitted to be located any closer to an adjacent property line than 1/2 the required setback or four feet, whichever is larger.
Off-site parking.
Permissibility. Up to 100% of parking space requirements may be met with off-site parking according to the table in Subsection 30-218.1a.
Reduced parking requirement. The number of parking spaces required to be provided as part of an off-site parking agreement provided by the Morristown Parking Authority or other similar professional parking organization may vary based on the six time periods of the shared parking calculation. During no time period shall the number of parking spaces reserved be less than the sum of parking spaces required by all proposed uses during that time period.
Off-site location. Parking requirements may be met through the provision of off-site parking locations so long as the access point to the off-site parking location is located within 400 feet (direct line measurement) of the subject property.
Parking agreement requirements:
Less than 10 years shall be permitted subject to Board's discretion and showing of banked parking plan on-site.
Off-site parking secured via recorded easement or agreement of 20 or more years in duration may be considered by the Administrative Officer when granting approvals that are exempt from the Board's jurisdiction.
On-going obligation. If at any time the off-site parking arrangement expires, the property owner shall provide the Administrative Officer notice as well as a plan to conform to on- or off-site parking standards. If the property owner fails to produce an alternative plan, the owner shall be required to seek variance relief from the Board.
Front yard parking.
Applicability. The following regulations apply to conditionally permitted driveways and parking areas that serve front yard parking facilities per Subsection 30-218.5d.
Permitted when one of the following conditions is present:
The minimum side yard is less than nine feet wide, rendering construction of a driveway infeasible.
The construction of a driveway of a length necessary to provide parking in the side or rear yard is subject to a hardship caused by steep slopes. For the purpose of this section, a hardship can be shown through the lack of a pathway with the following characteristics:
Ten feet wide;
Relatively straight (no angles greater than 30%);
Slopes less than 15%;
Fifty percent or more of the properties within the same district and within 200 linear feet from the property have exclusive front yard parking.
Requirements.
Front yard parking shall be constructed of high-quality materials such as bricks and pavers.
Asphalt shall not be permitted.
Concrete shall be permitted so long as it accounts for no more than 50% of the cross section of any portion of the driveway.
Front yard parking shall be buffered by planted areas, bioswales (per § 30-440), and/or walls and fences.
Front yard parking may be buffered by lawns only on the interior facing portion of the car court.
Parking areas shall be setback from the public sidewalk or right-of-way by a minimum of 10 feet.
No more than one vehicle may be parked within the front yard, with the vehicle parked perpendicular to the street.
No more than two vehicles may be parked within the front yard when vehicles are parked parallel to the street.
No more than one curb cut shall be permitted, except for properties within the EB Overlay, which shall be permitted two curb cuts, so long as they are connected by the same principal driveway.
Curb cuts shall be situated to minimize the removal of on-street parking.
No curb cut shall exceed 10 feet in width.
Valet parking.
Applicability. The following regulations apply to any use that provides valet parking in conjunction with such use. The following regulations shall take effect at such a time that the Town has adopted a corresponding licensing program for valet parking operations under Chapter 4, Licensing and Business Regulations. Valet parking shall not be conditionally permitted in the TC District until such licensing program has been adopted.
General requirements.
Tandem parking operations, in which at least one parked vehicle must be moved to allow another vehicle to exit from another parking space, shall be subject to Board approval.
Pickup/dropoff of vehicles may occur within an off-street loading space or driveway, or within an on-street loading space. In no case may valet pickup/dropoff occur within an on-street travel lane or parking space, nor may queuing obstruct travel lanes or pedestrian walkways.
Valet parking that does not comply with the standards of this Subsection 30-218.5g shall not count towards satisfying off-street parking requirements pursuant to § 30-218.
Off-site valet parking requirements.
Off-site valet parking shall comply with the requirements for off-site parking pursuant to Subsection 30-218.5e.
Off-site parking location:
Off-site valet parking areas must be located within the TC District.
Off-site valet parking areas may not have frontage along downtown or main street frontage types.
Surface valet parking areas shall cease operation at 11:00 p.m. if such parking area is located within 200 feet of a residential zoning district or if the circulation route between the parking area and the pickup/dropoff location passes through or abuts a residential zoning district.
No deviations from the approved circulation route are permitted except where road construction or other temporary circulation obstructions require deviation from the approved route.
Submission requirements.
A scaled drawing showing the location and limits of the proposed valet parking operation, including parking layout and dimensions, a circulation plan, and total number of parking spaces.
For principal valet operations, the circulation plan shall depict the proposed circulation route of vehicles in the custody of the valet parking operator between the pickup/dropoff location and the parking area.
Details of any signage proposed in association with the valet parking operation.
A written explanation for the need for valet parking.
The following shall be provided prior to commencement of valet parking operations:
Proof of automotive liability insurance with a minimum of $1,000,000 in coverage for each occurrence.
An operation plan, including but not limited to rules and regulations, days and times of valet parking operations, and fees to be charged for use of valet parking.
Name, address, and telephone number of the valet owner/operator. If the valet owner/operator will not be reachable during valet operations, the name and telephone number of a valet manager or a manager of the associated use shall also be provided.

§ 30-218.6 Loading Requirements.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
(See Article 4G for design standards.)
Loading spaces shall be provided according to the following table.
Fractional loading spaces shall be rounded to the nearest whole pursuant to § 30-833.
When a site contains multiple uses within the same loading type, calculation of loading requirements may be aggregated for all uses in that group.
When a site contains uses within different loading types, minimum loading space requirements shall be calculated for each loading type.
Loading Type
L1
L2
L3
Uses
Residential with 5 or more units
Bars, taverns, nightclubs
Grocery store (all)
Art gallery
Convenience store
Hospital/medical center
Artisan workshop
Funeral homes
Theater
Child-care center
Gaming (billiards, arcades)
Media production
Hotel
Offices, general and professional
Laboratory (medical/dental)
Club, lodge, fraternal organization
Offices, medical
Community center
Services, business or personal
Government building or public utility office
Restaurant (all types)
House of worship
Retail
School
Cultural uses (museum/library)
Nursing home, convalescent
Loading spaces1
Minimum 1, plus 1 additional loading space per each 50,000 square feet
Minimum 1, plus 1 additional loading space per each 20,000 square feet
Minimum 1, plus 1 additional loading space per each 10,000 square feet
Loading Berth
None
Minimum 0, plus 1 per 100,000 square feet
Minimum 1, plus 1 additional berth after the first 25,000 square feet for each additional 25,000 square feet
Note:
1
The first two loading spaces shall be designed to be tandem in order to accommodate larger vehicles.

§ 30-218.7 Bicycle Parking Requirements.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
(See Article 4H for design standards.)
Bicycle parking shall be provided on-site at the following minimum rates on all properties with five or more residential units, commercial uses, or a mix of residential and commercial uses:
One bicycle parking space per residential unit.
One bicycle parking space per 7,500 square feet of commercial use.
One bicycle parking space per 10,000 square feet of civic or institutional use.

§ 30-219.1 Location of Utilities.

[Ord. No. O-25-2018; amended 12-18-2018 by Ord. No. O-43-2018; 8-8-2023 by Ord. No. O-11-2023]
Requirements.
In general, all utilities shall be located in a way that is visually unobtrusive.
Utilities shall be placed to the rear of or within the interior of the principal structure wherever feasible. Otherwise, utilities shall be located to the side of the principal structure where such locations are feasible.
All utilities shall be screened so as not to be visible from the public right-of-way.
If the utilities are located on the interior of the building along a street-facing frontage, that portion of the building shall be designed to be visually unobtrusive and to conform to the general architectural character of the facade.
In cases of new construction, the developer shall arrange with the servicing utility for the underground installation of the utility's distribution supply lines and service connections.
In the case of new construction, the lots which abut existing streets where overhead utility lines and service connections have heretofore been installed may be supplied with service from those overhead lines, but the service connections from the overhead lines shall be installed underground. In the case of existing overhead utilities, should a roadway widening, or an extension of service, or other such condition occur as a result of the development and necessitate the replacement relocation or extension of such utilities, such replacement, relocation, or extension shall be underground.
If the developer of new construction considers it a hardship to comply with the provisions of this section because of soil conditions, rock formations, wooded areas, or other special conditions of the land, the developer may apply to the approving authority for an exception from the terms of this section in accordance with the provisions of N.J.S.A. 40:55D-51. Where overhead lines are permitted as the exception, the alignments and pole locations shall be carefully routed to avoid locations along horizons, avoid the clearing of swaths through treed areas by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignments, by following rear lot lines and interior locations, and similar design and location considerations to lessen the visual impact of overhead lines.

§ 30-219.2 Refuse Collection.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Applicability. The following regulations apply to all properties with five or more residential units, commercial uses, or a mix of residential and commercial uses.
Requirements.
All buildings subject to this requirement shall provide a dumpster or multiple dumpsters sufficient to accommodate all trash generated on-site between collections.
Dumpsters shall not be located in any required yard or buffer. No collection areas shall be permitted between a street and the front of a building.
All outdoor dumpsters shall be visually screened within a durable, noncombustible enclosure, so as not to be visible from adjacent lots or sites, neighboring properties or streets.
Screening may be accomplished through the use of planting buffers, fences or walls, and shall be high enough to screen these structures. No screening structure shall be less than six feet in height.
Residential and commercial uses shall have separate waste facilities.
Restaurants and other retail food establishments shall meet the standards contained in N.J.A.C. 8:24-1.1 et, seq. as they apply to refuse collection and management.
All other uses shall comply with all applicable state and local standards in the design of their waste storage systems.

§ 30-219.3 HVAC.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Requirements.
All HVAC and utility boxes shall be located in the side or rear yard, or be roof-mounted and screened or minimized from public view and from view of adjacent properties. Screening may be accomplished through the use of planting buffers, fences or walls, and shall be designed to be high enough to visually screen these structures. All HVAC and utility boxes shall not generate noise above 65 db from 7:00 a.m. to 10:00 p.m. and 50 db from 10:00 p.m. to 7:00 a.m. as measured from the property line.

§ 30-219.4 Telecommunication Equipment.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Requirements.
Telecommunication equipment is permitted, provided that it:
Is located on the roofs of buildings;
Does not to exceed in height 10 feet above a prescribed building height; and
Is incorporated into the architecture and screened from public view.
All telecommunication systems shall be located in the side or rear yard and screened or minimized from public view and from view of adjacent properties. Screening may be accomplished through the use of planting buffers, fences or walls, and shall be high enough to visually screen these structures. Telecommunication systems shall not generate noise above 60 db as measured from the property line.

§ 30-219.5 Generators.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Applicability. The following regulations apply to all permanent standby generators in the Town of Morristown.
Requirements.
A permanent standby generator may be located only in the rear or side yards of any property, except that on a corner lot a permanent standby generator may be installed only in the side yard farthest from the road.
The generator shall be located in accordance with its manufacturer's installation instructions or the building codes adopted by the State of New Jersey, whichever is more stringent.
All such generators shall be placed so as to minimize the visual impact on adjacent properties, with the use of appropriate sound-attenuating architectural materials and landscape screening, such as shrubbery or fencing. All architectural material, screening or fencing shall be placed in accordance with the generator manufacturer's recommendations, the requirements of the National Fire Protection Association and the zoning requirements of the Town of Morristown. All architectural material, screening or fencing shall be maintained as originally approved. If the architectural material, screening or fencing is not so maintained, the owner of the property in which the generator is located may be subject to violations or penalties, including immediate revocation of the permit issued by the Town of Morristown for its use.
The noise level of any permanent standby generator, when in use for maintenance purposes, shall not exceed 65 db from 7:00 a.m. to 10:00 p.m. and 50 db from 10:00 p.m. to 7:00 a.m., or create a nuisance as determined by the New Jersey State noise statutes and regulations and the Town Code. Per N.J.A.C. 7:29-1.5, commercial properties are exempt from conforming to noise regulations only during an electrical power outage.
The exhaust of a generator shall, as much as feasible, be vented upwards or directed away from neighboring properties.
The generator shall be used only during electrical power outages and as required by the manufacturer for maintenance purposes. Maintenance operation shall take place not more than once a week during daylight hours between the hours of 10:00 a.m. and 5:00 p.m. and shall not exceed 30 minutes at a time.
A property owner seeking to install a permanent standby generator must file an application with the Zoning Officer prior to installation and receive permits as necessary before work can be commenced. Every application shall be accompanied by a survey prepared by a licensed land surveyor of the State of New Jersey, showing the property lines of the lot, the location of the building or structure, the front, side and rear yard dimensions and the proposed location, drawn to scale, of the generator. In the event that the property owner is seeking to install a natural gas generator, the property owner shall also submit a letter from the natural gas supplier confirming that there is adequate gas pressure and volume supplied to the property to handle the proposed generator.
The application and survey for a residential property will be reviewed by the Zoning Officer for compliance with setback requirements. Commercial property applicants must also file a minor site plan application with the Planning Board of the Town of Morristown. The Planning Board of the Town of Morristown will review and make a determination with respect to commercial applications.
Once an approval is granted from either the Zoning Officer or the Planning Board, the application will be sent to the Building Department for review by the various subcode officials. Once approved by the Building Department, a permit will be issued and the generator may be installed. Any installation shall be in accordance with all municipal ordinances and state-adopted codes, including, but not limited to, the Uniform Construction Code, the National Electric Code, the National Fire Protection Association Code, and the International Fuel Gas Code.
Every application for the installation of a permanent standby generator shall be accompanied by a fee in the amount of $100. This application fee shall be separate and apart from any zoning or building permit fee required for the installation of the permanent standby generator.
Any person, firm, corporation or other entity who shall violate any of the provisions of this subsection shall, upon conviction, be subject to a fine not exceeding $500, and each day that such violation shall continue shall be deemed a separate offense.

§ 30-220.1 Where Required.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
A yard buffer shall be provided in cases where a mixed-use district abuts a residential only district, or wherever any use variance is granted within a residential only district.
A yard buffer shall be provided along all sides of any property within the H or H-1 Districts.

§ 30-220.2 Dimensional Requirement.

[12-18-2018 by Ord. No. O-42-2018; 8-8-2023 by Ord. No. O-11-2023]
The yard buffer shall be a minimum of 10 feet in addition to any required side or rear yard setback along the length of the property or properties for which the yard buffer is required. No structure, activity, storage of materials or parking of vehicles shall be permitted within a buffer.
A seventy-five-foot-wide natural or landscaped buffer consisting of deciduous and evergreen material and designed by a landscape architect shall be established and maintained on all sides of the property within the H-1 District.
A fifty-five-foot-wide natural or landscaped buffer consisting of deciduous and evergreen material and designed by a landscape architect, shall be established and maintained along Madison Avenue and 35 feet along all other sides of the property in the H District, with the exception of any boundary abutting any state highway other than Madison Avenue where no buffer shall be required. No building shall be permitted in the buffer area.

§ 30-220.3 Design Standards.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Buffers shall consist of plantings, and fencing or masonry walls that create a visual buffer between properties. Fencing and masonry shall have a maximum height of six feet. Vegetation shall be designed to achieve 80% opacity within a height of six feet after a period of five years of growth. The fencing or masonry wall included as part of the yard buffer shall be located on the internal side of the buffer and the vegetation shall be located on the external side of the buffer, facing the adjacent property.

§ 30-220.4 Submission Requirements.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
All applications requiring a yard buffer shall provide a landscaping plan showing the buffer landscaping and calling out the number and species of the plantings.

§ 30-221.1 Purpose.

[Added 3-10-2020 by Ord. No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
The purpose of this section is to regulate the accessory use of houses and apartment complexes for short-term rentals so as to ensure that such rental use does not create adverse impacts to residential neighborhoods due to excessive traffic, noise, and density.

§ 30-221.2 Definitions.

[Added 3-10-2020 by Ord. No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
As used in this section, the following terms shall have the meanings indicated:
The owner or leaseholder of the residence in which the short-term rental activity occurred, or a property manager designated by the owner to be called upon and be responsible at all times during the period of a short-term rental and to answer for the maintenance of the property, or the conduct and acts of occupants of the short-term rental property, and, in the case of the property manager, to accept service of legal process on behalf of the owner of the short-term rental property. Only a responsible party may arrange for a short-term rental.
The rental for compensation of a dwelling, or portion of a dwelling, for the purpose of overnight lodging for a period of not less than one night and not more than 28 consecutive days. This definition shall not include hotels, motels, bed-and-breakfast inns, or tenants that have month-to-month leases permitted by N.J.S.A. 46:8-1 et seq.

§ 30-221.3 Properties Where Permitted.

[Added 3-10-2020 by Ord. No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
Short-term rentals will be permitted to be conducted only in the Town Core Zoning District in the following classifications of property:
Units located in a condominium association, homeowners' association or cooperative association, where the association's bylaws, master deed, or other relevant governing documents permit short-term rentals;
Any lawfully existing accessory structure for which a certificate of habitability has been issued and is located on the same property as an owner-occupied residence; and
One unit within a two-, three- or four-family property, provided that the property is owner occupied at the time of rental.
Short-term rentals shall only be permitted in the Town Core Zoning District. Short-term rentals shall be prohibited uses in all other zoning districts of the Town of Morristown.

§ 30-221.4 License Required.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Responsible parties offering a short-term rental shall be required to obtain a license from the Division of Property Maintenance to offer the short-term rental. The applicant for such license shall submit to the Division of Property Maintenance an application in a form to be determined by the Clerk, along with a nonrefundable application/registration fee of $200. Said license shall be valid for a period of one year from the date of issuance and shall be nontransferable. The Town shall have discretion to accept and reject such licenses. As part of the application for a license, the applicant will be required to demonstrate that the property for the short-term rental is compliant with the off-street parking requirements of Morristown's Land Development Ordinance.

§ 30-221.5 Certificate of Habitability Required; Fee.

[Added 3-10-2020 by Ord. No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
Responsible parties, offering a dwelling unit for short-term rental use shall first be required to obtain a certificate of habitability from the Housing and Property Maintenance Department indicating that the dwelling unit conforms to the provisions of the Housing and Property Maintenance Code of the Town of Morristown, New Jersey.[1] This certificate of habitability will be valid for six months. The fee for the issuance of a certificate of habitability shall be $60 and shall be payable to the Town of Morristown.
[1]
Editor's Note: See Ch. 13, Housing and Property Maintenance.

§ 30-221.6 Identification Prohibited.

[Added 3-10-2020 by Ord. No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
There shall be no sign identifying the short-term rental use, and there shall be no identification of such short-term rental use upon any mailbox.

§ 30-221.7 Conduct of Use.

[Added 3-10-2020 by Ord. No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
The short-term rental use shall be conducted in a manner that does not materially disrupt or adversely affect the residential character of the neighborhood. In particular, the short-term rental shall not become a nuisance to adjoining residents, and its impact should be no greater than that of a private home with guests.
No equipment or process shall be used in such short-term rental which creates glare, fumes, odors, or other nuisance factors detectable to the human senses outside the lot on which the short-term rental is conducted. Both the owner of a short-term rental property and the short-term renters shall comply with all ordinances of the Town of Morristown, including, but not limited to those ordinances regulating noise[1] and nuisance conduct. Failure of short-term renters to comply with all such ordinances shall subject the short-term renters and the owner of such short-term rental property to the issuance of fines and/or penalties, as set forth in Subsection 30-221.14 below.
[1]
Editor's Note: See § 3-1, Noise.

§ 30-221.8 Limits on Use.

[Added 3-10-2020 by Ord. No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
Responsible parties shall limit short-term rentals to a maximum of 60 days per year.
Only one party of guests shall be permitted per short-term rental unit. The Housing and Property Maintenance Department shall determine and note the maximum number of guests permissible in the license.

§ 30-221.9 Designation of Emergency Contact.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Responsible parties shall designate an in-town emergency contact for all short-term rentals, available at all times if the owner, leaseholder or property manager is out of town during the time of rental.

§ 30-221.10 Information To Be Posted.

[Added 3-10-2020 by Ord. No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
Responsible parties shall post the following information in a prominent location within the short-term rental unit:
Owner name; if owner is an entity, the name of a principal in the entity, and phone number for the owner (individual);
Leaseholder name.
The name and phone number of the in-town emergency contact, should the owner or property manager be out of town during the time of rental;
The phone numbers for the Town's Police Department, the Town's Fire Department, the Town's Code Enforcement Officer;
The maximum number of parking spaces available on-site;
Trash and recycling pickup day, and all applicable rules and regulations regarding trash disposal and recycling;
A copy of this section;
A copy of the license issued by the Town of Morristown;
A copy of the certificate of habitability issued pursuant to this section; and
Notification that a short-term renter may be cited or fined by the Town for violations of, and in accordance with, any applicable ordinance(s) of the Town.
A daily guest register including the guest name, address, phone number, date and duration of stay, and the number of guests and guest vehicles (license plate and make). The guest register shall be available for inspection by Town officials upon request.

§ 30-221.11 Use for Commercial or Social Events.

[Added 3-10-2020 by Ord. No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
Use of the short-term rentals for commercial events or social events with non-guests shall be prohibited.

§ 30-221.12 Advertising Requirements.

[Added 3-10-2020 by Ord. No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
Responsible parties shall include a reference to the license number issued by the Town of Morristown in all advertising for any short-term rental.

§ 30-221.13 Age Requirements for Renters.

[Added 3-10-2020 by Ord. No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
Responsible parties shall not rent a short-term rental property to anyone younger than 21 years of age. The primary occupant of all short-term rentals executing the agreement between the owner and the occupant must be over the age of 21, and must be the party who will actually occupy the property during the term of the short-term rental. The primary occupant may have guests under the age of 21 who will share and occupy the property with them. Both the primary occupant executing the short-term rental agreement and the owner of the short-term rental property shall be responsible for compliance with this provision, and shall both be liable for a violation, where the property is not occupied by at least one adult over the age of 21, during the term of the short-term rental.

§ 30-221.14 Violations and Penalties.

[Added 3-10-2020 by Ord. No. O-11-2020; amended 8-8-2023 by Ord. No. O-11-2023]
Responsible parties who violate this section may be subject to any remedy, legal or equitable, available to the Town. In addition to any monetary penalties imposed pursuant to Chapter 1, § 1-5 of the Morristown Code (entitled "General Penalty"), remedies may include revocation of the short-term rental privilege as permitted under this section.

§ 30-222.1 Use of Basement and Attic.

[Ord. No. O-25-2018, 7-12-2018; amended 8-6-2019 by Ord. No. O-28-2019; 10-27-2020 by Ord. No. O-33-2020; 8-8-2023 by Ord. No. O-11-2023]
Use of basement and attic Generally. An attic or basement may be a habitable room only in owner-occupied single-family residences, provided that the requirements of this section are met. It is prohibited for a residence to have both a habitable basement and a habitable attic. A deviation from this requirement requires an application for a use variance made to the Zoning Board of Adjustment, which shall be considered under the standards applicable to a variance under N.J.S.A. 40:55-70(d).

§ 30-222.2 Attics.

[Ord. No. O-25-2018, 7-12-2018; amended 8-6-2019 by Ord. No. O-28-2019; 10-27-2020 by Ord. No. O-33-2020; 8-8-2023 by Ord. No. O-11-2023]
Attics shall only be used for storage and mechanical systems unless the requirements set forth in Paragraph b below are met.
An attic may be a habitable room only in owner-occupied single-family residences, provided that the following requirements are met, in which case the attic shall be counted as a 1/2 story. Should approval be sought for a habitable attic that does not meet the requirements below, an application for a variance will be made to the Zoning Board of Adjustment, which shall be considered under the standards applicable to a variance under N.J.S.A. 40:55-70(c):
Provided that no bedroom currently exists in the basement.
Renovation of attics shall be restricted to one large habitable area and may not be divided into multiple rooms for habitation, with the exception of a bathroom. Storage or utility rooms may be erected, provided that they remain unfinished without locking doors or separate closets within.
Notwithstanding any provisions to the contrary, attics shall have ceiling height of at least seven feet, cover a minimum of 120 contiguous square feet or an area equivalent to 1/3 of the area of the floor below, whichever is greater.
Ingress and egress to and from the attic is via a permanent interior stairwell a minimum 36 inches wide with head room meeting the New Jersey Uniform Construction Code. No exterior stairs or fire escapes shall be permitted.
The attic shall be an integral part of the single-family home and shall be used by the household occupying the remainder of the house. The attic shall not be rented to any third party unaffiliated with the household or person not having access to and use of the remainder of the residence.
The attic shall be Sheetrocked and insulated with finished walls and ceiling.
Firestops shall be installed at the floor level of the attic.
The attic shall have a hardwired smoke detector/carbon monoxide detector.
The attic shall not contain a kitchen, food preparation equipment or area, kitchen cabinets, countertops or any other furniture, fixtures or equipment that would facilitate the preparation of food.
In the event the attic is to be used as a bedroom, the following requirements must be met:
The attic shall contain a minimum of two operable windows that satisfy requirements for egress, which windows shall have a sill not higher than 30 feet from the ground immediately beneath;
The property is currently compliant with the parking provisions per § 30-218.

§ 30-222.3 Basements.

[Ord. No. O-25-2018, 7-12-2018; amended 8-6-2019 by Ord. No. O-28-2019; 10-27-2020 by Ord. No. O-33-2020; 8-8-2023 by Ord. No. O-11-2023]
Basements shall not contain a kitchen or kitchen facilities.
Renovation of basements shall be restricted to one large habitable area, with no other habitable rooms. Storage rooms may be erected, provided that they remain unfinished without locking doors or separate closets within.
Bedrooms shall not be permitted in basements or areas below the first floor habitable area except in owner-occupied single-family residences where:
There is sufficient light and ventilation as more particularly required by §§ 13-40 and 13-41, Paragraphs (a),(b), (c)(1) and(c)(2), and natural light and ventilation are not restricted by reason of walls or other obstructions located within six feet of any window required pursuant to Chapter 13.
There is a second means of egress conforming to the requirements of § 13-45(e)(2).
All furnaces or other heating facilities are so located, insulated and separated from living areas by fireproof partitions or walls necessary pursuant to the State Uniform Fire Safety Code adopted by the municipality, the regulations of this Code and all other applicable codes, that the same do not constitute an undue hazard to the safety and health of the occupants.
The dwelling units and all walls and floors thereof are free of visible moisture and seepage at all times.
A basement may only be converted to a bedroom if the property is currently compliant with the parking provisions per § 30-218.
All basement areas must be attached directly to the dwelling unit above without passing through a common hallway, nor shall there be locking doors between the basement habitable area and the dwelling unit above.

§ 30-222.4 Exceptions; Preexisting and Approved Dwellings.

[Ord. No. O-25-2018, 7-12-2018; amended 8-6-2019 by Ord. No. O-28-2019; 10-27-2020 by Ord. No. O-33-2020; 8-8-2023 by Ord. No. O-11-2023]
All basement and attic spaces that were approved prior to the adoption of this section shall be allowed to continue in use and shall be considered preexisting, nonconforming areas; provided, however, that this approval shall only be permitted if:
All required zoning and construction permits were obtained and complied with at the time of construction; and
The Division of Building and Uniform Construction Code, the Division of Zoning and the tax assessment records confirm existence of this area.

§ 30-222.5 Order to Abate.

[Ord. No. O-25-2018, 7-12-2018; amended 8-6-2019 by Ord. No. O-28-2019; 10-27-2020 by Ord. No. O-33-2020; 8-8-2023 by Ord. No. O-11-2023]
In no event shall a certificate of habitability, pursuant to § 13-80 of this Code, be issued upon the transfer of title of any property if there are any violations of the above sections. In order to secure a certificate of habitability in order to effectuate transfer of title in accordance with the provisions of the Code of the Town of Morristown, all work which was installed or performed without the required permits and approvals must be removed.