Zoneomics Logo
search icon

South Orange City Zoning Code

ARTICLE 185

XXIX District Use Regulations

185-162 Permitted Uses

Permitted uses for each zoning district are shown on Schedule 1, Schedule of District Use Regulations.1

1. Editor's Note: Schedule 1 is included as an attachment to this chapter. 

185-163 Supplemental Use Regulations

A. Vending machines. Only vending machines designed and used for the sale of cigarettes, candy, soft drinks, milk, newspapers or other merchandise are permitted and only within the confines of a building and only in the nonresidential zones.

C. Commercial vehicles. No commercial vehicle, trailer or boat, except as defined in Subsection F below, shall be parked in a residential zone or on residential property located in any business zone unless such vehicle is kept within a private residential garage.

D. Recreational vehicles in residential zones. Camping and recreational equipment as defined in Subsection E below may be parked on private residential property, subject to the following conditions:

At no time shall such camping or recreational equipment be occupied or used for living, sleeping or housekeeping purposes.

If the camping or recreational equipment is parked outside of a private residential garage, it shall be parked or stored to the rear of the front wall of the building line. On a corner lot, said equipment shall be parked to the rear of the building lines on each street.

Notwithstanding the provisions of Subsection D(2) above, camping or recreational equipment may be parked anywhere on the premises during loading or unloading.

E. Camping and recreational equipment, for the purpose of this Part 13, shall be defined as follows:

PICKUP COACH or PICKUP CAMPER — A structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, camping, recreational and vacation uses, and which shall be eligible to be licensed, registered and insured for highway use.

TRAVEL TRAILER — A vehicular, portable or self-propelled structure building on a chassis, designed to be used as a temporary dwelling for travel, camping, recreational and vacation uses, and when equipped for the road shall have a body width not exceeding eight feet and which shall be eligible to be licensed, registered and insured for highway use.

  1. F. Housing trailers. Housing trailers may be installed on private property only in the event of fire or other casualty which partially or totally destroys a residence and may be permitted to remain thereon until the main residence is made habitable, but in no event shall the trailer be permitted to remain longer than 90 days, unless extended for good cause. The property owner shall apply to the Construction Code Official for a certificate of use and shall not install the trailer until the Construction Code Official issues said certificate. The trailer shall be placed to the rear of the property and shall not be located within six feet of any structure located on adjacent property and shall be so placed to permit full and complete access to the front and sides of the building under repair. All trailers shall be inspected regularly for habitability under the standards set forth in the Housing and Maintenance Codes of South Orange Village, as well as such smoke detectors as the Fire Subcode Official shall determine. A trailer may also be used for a temporary construction office located on a construction site. Prior to its use for a temporary purpose, a temporary permit must be obtained from the Construction Code Official.

G. Objectionable uses prohibited. No building or premises shall be used for any trade, industry or purpose that is noxious or offensive by reason of smoke, fumes, dust, gases, odors or other air pollutant, noise or vibration, fire and explosion hazards or other activity dangerous to public health or safety that would in any way violate the performance standards in § 185-129 that would in any way violate any applicable state or local health and safety regulations. No noisemaking devices such as phonographs, loudspeakers, amplifiers, radios, television sets or similar devices shall be used or so situated so as to be heard beyond the limits of the property.

H. Disabled and nonregistered vehicles. No disabled, nonregistered or noninspected motor vehicle shall be stored in any zone unless the same is kept within a garage.

I. Swimming pools. 1. No permit for a permanent swimming pool shall be issued by the Construction Official until the plans, specifications and plot plans have been approved by the Plumbing Subcode Official and the Health Officer of South Orange Village and such approval has been properly certified on the plans.

2. Permitted size of swimming pool. No swimming pool and its accessory buildings shall cover more than 20% of the rear yard of the lot. The maximum height above the existing finished grade shall be five feet.

3. Location. Such swimming pool shall not be located: a- Closer than 10 feet from the rear and side property lines of the property;

b- Closer than 10 feet to the main building or an accessory structure; or

c- Nearer to the street line on which said premises front than a line 10 feet to the rear of the building setback line.

  1. 4. A permanent swimming pool shall not be constructed or installed on any property unless a residence building is also located on said premises or unless said premises are part of a residential curtilage.
  2. 5. Illumination of the swimming pool and immediate area shall not be later than 11:00 p.m.
  3. 6. Illumination of the swimming pool shall be of indirect lighting so as not to be a nuisance to the neighboring property.
  4. 7. All water-filtering systems and other swimming pool appurtenances must be enclosed by an approved shelter and located not less than four feet from the rear and side lot lines nor within 20 feet of the main building.
  5. 8. All water-filtering systems must be constructed and approved in accordance with the BOCA National Building Code and the New Jersey Standard Plumbing Code.
  6. 9. Bathhouses, sun decks, buildings or structures to house mechanical equipment or for storage purposes shall be considered as accessory buildings and shall be located in accordance with the provisions of this Part 13 pertaining to such accessory buildings.
  7. J. Affordable housing regulations. The affordable housing regulations set forth in Article XXXIII of this chapter shall apply to the following uses within the Village: (1) All townhouse and multifamily uses in the Residence PRD Planned Residential Development Zone. (2) All permitted principal uses in the Planned Residential Cluster B Zone. (3) All new residential development or mixed commercial/residential development producing five or more units in the RC-1, R-TH, B-1, B-2 and B-3 Zones.
  8. K. Temporary structures on private property. (1) Temporary structures are permitted accessory uses in all zones on private property.
  9. (2) Specifically excluded from these provisions are: (a) Accessory buildings as provided for in Subsection I(9) and/or § 185-167, such as storage sheds or pump houses; (b) Temporary structures required for religious observances erected within the setbacks required for accessory structures; and (c) Small tents on residential properties, erected within the setbacks required for accessory structures. These excluded tents shall not exceed 12 feet in length by 12 feet in width or alternatively shall not exceed 150 square feet of coverage and shall be erected for not more than 90 days.
  10. (3) No temporary garage or similar structure shall be permitted.
  11. (4) No portable storage unit shall be parked in or on any lawn area within the front yard of any dwelling or in the public right-of-way or public street abutting any dwelling. Parking of portable storage units shall be confined to a driveway or other approved parking area and shall not interfere with any required parking stall. In no circumstance shall a permit for a portable storage unit be granted in excess of 120 days.
  12. (5) Temporary structures shall meet the rear yard setback requirements for accessory structures. Temporary structures, in residential zones or on single-family residential properties, except portable storage units, are not permitted in the front yard. In commercial zones or on multifamily residential properties, temporary structures shall not be placed so as to obstruct driveways or drive aisles or be placed within 10 feet of adjacent residential properties.
  13. (6) Those temporary structures incidental to construction activities subject to site plan approval, such as construction trailers, portable garbage bins, portable sanitation facilities, etc., are permitted and not subject to temporary structure permit fees. Temporary structures that require certificates of occupancy shall have their locations identified on an approved site plan, and all temporary structures shall be removed upon the issuance of a temporary or final certificate of occupancy, whichever is first, or abandonment of the work.
  14. (7) Nothing contained in this section is intended to exempt temporary structures from the requirements of any element of the New Jersey Uniform Construction Code, as same may be amended from time to time.
  15. (8) Temporary structures shall not be erected unless pursuant to a permit issued by the Building Department and the payment of a fee as set forth in Chapter 143, Fees, of this Code.
  16. (9) Unless a waiver is granted pursuant to Subsection M, temporary structures may not be permitted for more than 180 days unless a variance is granted by the Planning Board or the Board of Adjustment.
  17. L. Temporary structures in the public right-of-way.
  18. (1) Portable garbage bins may be placed in a public street with a permit issued by a Construction Official with the approval of the Police Chief or his designee and shall be equipped with suitable reflectors or other warning devices as may be required by the Construction Official.
  19. (2) Such reflectors shall meet the requirements of N.J.S.A. 27:51-1 and include the mounting of yellow reflective diamond-shaped markers/panels with a minimum size of 18 inches by 18 inches on both ends of containers nearest the path facing oncoming traffic, at a minimum height of three feet from the roadway surface.
  20. (3) A permit for such placement of portable garbage bins shall only be issued after a finding by the Construction Official that there is no feasible alternative for placement of the portable garbage bin on the applicant's property pursuant to Subsection K.
  21. (4) After the issuance of a permit, such portable garbage bins shall be placed at the curb in front of property owned by the applicant under such permit and at a location where vehicular parking otherwise would be permitted.
  22. (5) Thirty-day permits may be issued upon the payment of a fee as set forth in Chapter 143, Fees, of this Code. Such permits may be renewed upon application to the Construction Official and payment of a renewal fee as set forth in Chapter 143, Fees, of this Code.
  23. M. The Village Administrator may grant a temporary waiver of the requirements of Subsections K and L to address an emergent condition not to exceed 30 days should such temporary waiver become necessary.


HISTORY
Amended by Ord. 2018-15 on 8/13/2018

185-164 Prohibited Uses

Any use not specifically permitted in any zoning district established by this chapter is hereby expressly prohibited from that district. Furthermore, the following uses are expressly prohibited from all zoning districts within South Orange Village: 

  1. A check cashing service as a primary or accessory use. 
  2. Pawnshops. 
  3. Boardinghouses and rooming houses.
HISTORY
Amended by Ord. 2018-15 on 8/13/2018
Amended by Ord. 2021-17 on 8/9/2021
Amended by Ord. 2022-02 Subsection E deleted on 2/28/2022

2018-15

2021-17

2022-02