South Orange City Zoning Code

1. A conditional use is one listed as a conditional use in the particular zoning district. All such uses shall meet the site plan review regulations in addition to specific conditions and standards set forth in this chapter. 
   
2. The standards for review have been established in order to protect the health, safety and general welfare of the Village residents. Any conditional use found to be detrimental to the public health, safety and general welfare shall be denied. 
   
3. The approving authority shall take into consideration the character and type of development in the area surrounding the location for which the request is made and determine that the proposed conditional use, as permitted, will constitute an appropriate use in the area and will not substantially injure or detract from the use of surrounding property or from the character of the neighborhood. 
   
4. The approving authority may impose conditions in addition to those required to ensure that the intent of Part 13, Zoning, of this chapter and the site plan review regulations are satisfied. These may include, but are not limited to, harmonious design of buildings, aesthetics, planting and its maintenance as a sight or sound screen, landscaping, hours of operation, lighting, numbers of persons involved, noise, sanitation, safety, smoke and fume control and the minimizing of noxious, offensive or hazardous elements. 

Prior to approval of any planned development, the Planning Board shall find, as required by N.J.S.A. 40:55D-45, the following facts and conclusions: 

1. That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning standards applicable to planned developments. 
   
2. That the proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate. 
3. That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate. 
4. That the proposed planned development will not have an unreasonable adverse impact upon the area in which it is proposed to be established. 
5. That, in the case of a proposed development which contemplates construction over an extended period of time, the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate. 

A Type B Cluster Residential Development, which shall consist of multifamily dwelling units, shall be a permitted use within South Orange Village, provided that it shall meet the following conditions and standards: 

1. Development as a single entity. The tract which shall lie west of North Wyoming Avenue, east of Speir Drive, and have direct frontage and access onto South Orange Avenue shall be developed as a single entity and shall incorporate all contiguous property having common ownership, unless otherwise determined by the Planning Board. 
   
2. Minimum tract size: five acres. 
3. Permitted uses: multifamily dwelling units. 
4. Accessory uses:
   1. Swimming pools, tennis courts and other recreation facilities, provided that such facilities are used solely by the residents of the development and their guests.
      
   2. Other usual and customary accessory uses incidental to the principal permitted uses:
      1. Off-street parking garages and lighting.
         
      2. Fences, berms and other landscaping designs.
5. Maximum height.
   1. The maximum height of the main roofline of the building shall not exceed the lower of 517 feet above sea level or seven dwelling stories.
      
   2. Penthouses above roofline for the housing of stairwells, elevator shafts and mechanical equipment shall be entirely enclosed and shall be of the same finished material and color as the main building and shall not exceed 10 feet above the roofline.
6. Maximum building coverage shall not exceed 20%. 
7. Maximum permitted density: 16 units per acre. 
8. Minimum floor area per unit:
   1. One bedroom: 900 square feet.
   2. Two bedroom: 1,200 square feet. 
9. Minimum open space and landscaped buffers.
   1. Not less than 40% of the total area shall be dedicated for open space purposes, including landscaped buffer areas.
      
   2. Open space shall include recreation areas but not include roads, driveways and parking areas.
   3. Existing natural vegetation shall be maintained on the open space or the tract perimeter.
   4. Landscaped buffer areas. A minimum of 75 feet in width shall be provided along the perimeter of the adjoining property lines, except for front yard area fronting on South Orange Avenue, and shall not be used for any other purposes than natural open space as approved by the Planning Board. 
10. Area and yard requirements for multifamily apartment development:
    1. Front yard setback: minimum 75 feet.
       
    2. Side yard setback: minimum 75 feet.
    3. Rear yard setback: minimum 75 feet. 
11. Off-street parking.
    1. There shall be a minimum of two spaces per dwelling unit, with an additional 10% of the required total parking spaces to be designated for visitor parking.
    2. Off-street parking areas may be allowed in the required front yard setback, not nearer to the street line than 30 feet or not nearer to the front yard area of the adjoining properties than 30 feet.
    3. A minimum of 50% of the designated parking spaces shall be entirely garaged.
    4. Parking areas shall be illuminated to provide for the safety of all residents and guests. 
12. Design standards.
    1. Landscaping. All open space not utilized for parking areas, driveways, streets or roads, recreation facilities, patios or terraces shall be provided with lawn or other suitable ground covering, trees and shrubs. Shade trees shall be provided along walks, driveways, parking areas, streets and roads. Screening or buffers consisting of fencing and/or landscaping shall be required around recreation, parking, utility and refuse disposal areas and other similar areas at the discretion of the Planning Board. All landscaping and shrubbing shall be maintained in good condition and shall be replaced where necessary.
       
    2. Utilities and facilities.
       1. Refuse storage areas shall be so designed as to minimize any detrimental effect on the character of the development and of the surrounding properties.
          
       2. All new utility services shall be located underground.
       3. Adequate provision for the storage of such items as yard and garden equipment, wood, etc., shall be provided.
       4. Parking areas, driveways, interior streets, roads or pedestrian ways shall be illuminated to provide for the safety of all the residents and guests.
       5. All utilities (municipal, water and sewer lines) constructed shall be properly researched and engineered and submitted for Village and Essex County approval.
13. Fire protection shall be provided in accordance with all applicable codes. 
14. Buildings and structures shall use renewable energy sources, within the limits of practicability and feasibility, in certain places. 

No such use shall be approved as a conditional use except in accordance with the following: 

1. The minimum lot size shall not be less than one acre in size. 
   
2. The minimum front yard depth shall be the same as the district requirements. 
3. The minimum side yard for such use located in the B-1 and B-2 Zones shall be the same as the district requirements in the B-1 and B-2 Zones unless a side yard abuts a residential zone when the side yard shall be three times the side yard requirement of the abutting residential zone. The minimum side yard for such use in all other zones shall be three times the side yard requirement for the zone. 
4. The minimum rear yard for such use located in the B-1 and B-2 Zones shall be the same as the district requirements in the B-1 and B-2 Zones unless a rear yard abuts a residential zone where the rear yard shall be two times the rear yard requirement of the abutting residential zone. The minimum rear yard for such use in all other zones shall be two times the rear yard requirement for the zone. 
5. The maximum building height shall be two stories, not to exceed 35 feet. 
6. The maximum lot coverage shall be 60%. 
7. Minimum open space and landscaped areas shall be 40%. 
8. No off-street parking shall be permitted between the building line and the street. 
9. Parking areas shall be located at least seven feet from any property line, which area shall be landscaped with shrubbery, except that in the B-1 and B-2 Districts, parking areas may be constructed up to the property line if abutting a parking area on property in the business district. 

1. The lot or parcel of land so to be used has a street frontage of at least 125 feet and an average depth of at least 125 feet. 
   
2. The walls of any adjoining building are set at least 50 feet from every adjoining property line and at least 40 feet from a street right-of-way line. 
   
3. Entrance and exit driveways shall be at least 30 feet in width, with a three-foot radius at the curbline. There shall be a safety zone between driveways of at least 25 feet, and driveways shall be at least 10 feet from adjoining property lines. 
   
4. Corner lots shall have a curb radius of at least 25 feet, and driveway entrances shall start at least 20 feet from the radius tangent points. 
   
5. Every gasoline or oil tank, pump or other device, appliance or apparatus shall be located at least 25 feet from a street right-of-way line, at least 50 feet from a residential zone boundary and at least 10 feet from any property line. 
   
6. Floor drains shall not be connected to any sanitary sewer system. 
   
7. The nearest boundary line of the lot or parcel of land so to be used is at least 300 feet, measured in a straight line from the boundary line of property which is used as, or upon which is erected:
   
   1. A public or private school or playground.
      
   2. A church or other place of worship.
      
   3. A hospital.
      
   4. A public building or place of public assembly.
      
   5. A theater or other building or structures used or intended to be used for public entertainment.
      
   6. A public playground or civic center.
   7. A firehouse or fire station.
      
   8. An existing public garage or automotive service station and at least 300 feet measured in a straight line from any boundary line of the property to a residential zone boundary on either the same or the opposite side of the street. 
      
8. Gasoline pumps and other apparatus shall be so located as to permit safe and convenient traffic circulation. 
   
9. Adequate parking for automobiles of employees and patrons shall be provided. 
   
10. There shall be no outdoor storage of supplies, materials or automobile parts, whether for sale, storage or waste. 
    
11. Repair work, other than incidental minor repair, shall take place within the building, and all repair or service apparatus shall be located within the building. 
    
12. Concrete curbing shall be installed in the street right-of-way in accordance with Village specifications. 
    
13. All paved areas within the property shall be bounded by concrete curbing at least six inches above the surface. Said curbing shall be at least five feet from a property line, 10 feet from a street right-of-way and 25 feet from a residential zone boundary. 
    
14. No part of any public garage or automotive service station operation shall be conducted within 25 feet of a residential zone boundary. A six-foot unpierced fence shall be installed along any residential zone boundary. 
    
15. At least 5% of all areas shall be unpaved, and such areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Board of approving authority may approve or require. 
    
16. All storage tanks shall be installed below ground level. 
    
17. Only two towing vehicles used for purposes incidental to the operation may be maintained on the premises and shall be garaged when not in use. 
    
18. No gasoline service station shall operate a car, truck or trailer rental service or store such rental vehicles on the premises. 
    
19. No more than a ten-rated horsepower motor shall be used on the premises. 
    
20. No part of any such gasoline service station building shall be used for residence or sleeping purposes.   

1. The facilities involved shall consist of halls, meeting places or clubhouses belonging to an association of persons formed for mutual aid and benefit, but not for profit, providing social, recreational or cultural opportunities for members. 
   
2. All applications for such a permit shall furnish the following conditions and standards:
   
   1. A complete list of the organization's current officers, including their names and addresses, and the total number of members.
      
   2. The full particulars on the operation of the proposed use.
      
   3. Sufficient information to enable the approving authority to determine that the proposed use is a bona fide nonprofit organization operated solely for the recreation, enjoyment and use of the members of said organization.
      
   4. Proof that the proposed use and the proposed location will not adversely affect the safety and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties; that the design of any structures erected in connection with such use are in keeping with the general character of the surrounding area; and that sufficient landscaping, including trees, shrubs and lawn, is provided to serve as a buffer between said use and adjoining residential properties and to ensure an attractive appearance for the use.
      
   5. A site plan shall be submitted showing the information required in this subsection, as well as adequate off-street parking for the site involved and the location of all utility and service areas, which shall be adequately screened.
      
   6. No living quarters or sleeping accommodations of any kind shall be permitted on the premises occupied by organizations specified in this subsection.
      

A professional office in residence, as defined in § 185-3, is a permitted conditional use, provided that the Planning Board shall determine, by resolution, that the following standards have been met:

1. Such office shall be located on the first floor or ground floor of the main existing residential structure on the premises and shall not occupy more than 50% of the total area of the floor where located, excluding space used for a private garage. In no case shall it exceed 900 square feet, exclusive of parking spaces.
2. Adequate parking spaces shall be provided in accordance with requirements of Article XXXI so that no parking related to the office shall occur on the street. At least one space shall be provided for each 200 square feet or fraction thereof of office space.
3. No more than two office employees shall be present at any one time. Nonresident professionals shall not be permitted to use the office. Use of the office by groups of other persons shall not be permitted.
4. The residential character of the neighborhood and the premises shall not be subordinated to the office use.
5. Safe and efficient vehicular and pedestrian circulations, parking and loading in the vicinity of the office in residence shall not be impaired.
6. No more than 150 motor vehicle trip ends per week shall be generated, one arrival and one departure being considered two trip ends.
7. The hours of operation shall take place only between the hours of 8:00 a.m. and 9:00 p.m., Monday through Sunday.
8. Sign requirements as permitted in this chapter for professional office in a residential zone must be observed.

A home-based business, as defined in § 185-3, shall be a permitted accessory use in residential zone districts, provided that: 

1. The use is limited solely to office use. 
   
2. The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit and no other persons. 
3. No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes. 
4. The use shall be located in only one room of the dwelling unit which shall not be served by an entrance separate from the household. 
5. Interior storage of materials shall only consist of office supplies. 
6. There shall be no change to the exterior of buildings or structures because of the use and no outside appearance of a business use, including, but not limited to, parking, storage, signs or lights. 
7. The use operates no equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents. 
8. The use does not require any increased or enhanced electrical or water supply. 
9. The quantity and type of solid waste disposal is the same as other residential uses in the zone district. 
10. The capacity and quality of effluent is typical of normal residential use and creates no potential or actual detriment to the sanitary sewer system or its components. 
11. Delivery trucks shall be limited to United States Postal Service, United Parcel Service, Federal Express and other delivery services providing regular service to residential uses in the zone district. 
12. All vehicular traffic to and from the home-based business shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district. 

1. No building resembling or having the shape of a geodesic dome shall be erected in any zone in the Village unless the erection of said building has been approved by the Planning Board. 
2. The erection of such a building is a permitted conditional use, provided that the Planning Board shall determine by resolution that the following standards have been met:
   1. That the building will be erected and will be in compliance with all of the provisions of this chapter, including the provision on site for off-street parking of vehicles as required in all other sections of this chapter.
   2. That there has been received proof that the proposed location will not adversely affect the safety and comfortable enjoyment of property rights or otherwise adversely affect the values of adjacent properties.
   3. That the change in the design of the structures proposed from those already erected in the neighborhood will not adversely affect the character of the neighborhood with respect to a desirable visual environment as said term is used in N.J.S.A. 40:55D-2(i). 
3. The Planning Board may, at its discretion, require the holding of a public hearing on the application, in which event it shall require that notice of said hearing shall be given as in the case of variance applications under Part 13, Zoning, of this chapter. 

An arcade, billiard or pool room, as defined in § 185-3, is a permitted conditional use, provided that the Planning Board shall determine by resolution that the following standards have been met: 

1. Such arcade, billiard or pool room is located in the Business B-1 Primary Business District at a location on South Orange Avenue between a point which is no further east than that point where Prospect Street intersects said South Orange Avenue and no further west than that point where Church Street intersects said South Orange Avenue. 
   
2. The nearest boundary line of the lot or parcel of land where the arcade, billiard or pool room is to be located shall be at least 1,500 feet, measured in a straight line, from the boundary line of any other property on which is located an existing arcade, billiard or pool room and at least 500 feet from any school or church. In connection with this last measurement, distances shall be measured as under the Alcoholic Beverage Control Law.¹
   
3. An inspection has been made by the appropriate officials of South Orange Village, and a certification has been issued and filed with the Planning Board that such location will qualify for a license to operate an arcade, billiard or pool room under the appropriate provisions of the licensing ordinances of South Orange Village regulating arcades, billiards or pool rooms. 
   
4. No living quarters or sleeping accommodations of any kind shall be permitted in the same building which is occupied by the arcade, billiard or pool room. 
   
5. No billiard or pool room shall be located in the same business premises in which there is located an arcade. No arcade shall be located in the same business premises in which there is located a billiard or pool room. 
   
6. The applicant has presented evidence which is found to be reliable demonstrating that the location of the proposed arcade, billiard or pool room will not adversely affect the use of the Village streets in an area within 500 feet of the arcade, billiard or pool room. It is the intent of this particular section to require an affirmative showing, by the applicant, that the operation of the arcade, billiard or pool room will be under such management and supervision as the Planning Board can find and that the location and operation of the arcade, billiard and pool room will not cause any difficulty for pedestrians and others using the streets of the Village within the five-hundred-foot zone referred to above. 
   
7. The applicant shall present affirmative proof so that the Planning Board can make a finding of the fact that the use of the property for the proposed arcade, billiard or pool room will not adversely affect the value of the properties which are located on either side of the property for which the application is made. 
   
8. The applicant shall file with the Planning Board certificates executed by the Construction Official and all appropriate subcode officials of South Orange Village attesting to the fact that the plans of the applicant will, when implemented, result in the creation of a structure which will comply with all of the requirements of the Uniform Construction Code, including but not limited to compliance with those requirements of the appropriate use group established by said code for occupancy by the applicant. 

1. Editor's Note: See N.J.S.A. 33:1-1 et seq. 

A fast-food restaurant shall be permitted in Business District B-1, Primary Business; Business District B-2, Secondary Business; and Business District B-3, General Business, as a conditional use, with the following requirements satisfied: 

1. A site plan, prepared by a New Jersey licensed architect or engineer, shall be submitted to the Planning or Zoning Board of Adjustment as required by this chapter and state law, and said plan shall show that all standards, established herein for fast-food restaurant operation as a conditional use, have been satisfied. 
   
2. No part of any building or structure used as a fast-food restaurant nor any driveway entrance or exit to or from the same shall be located within 500 feet of any line of a lot upon which is located another fast-food restaurant. 
3. No part of any building or structure used as a fast-food restaurant shall be located within 1,000 feet of any residential district boundary line. 
4. The minimum size for any lot upon which any fast-food restaurant is located shall be 30,000 square feet, and the minimum street frontage of such lot shall be 200 feet. If a fast-food restaurant is located on a corner lot, the minimum street frontage on each street shall be 200 feet. 
5. Entrance and exit driveways to and from any lot upon which is located a fast-food restaurant shall have an unrestricted width of not less than 24 feet nor more than 30 feet, shall be located not nearer than 20 feet to any lot line and shall be designed to avoid the need for any existing vehicle to back across or into any portion of a public sidewalk or street. 
6. The minimum distance between driveways on a lot upon which is located a fast-food restaurant shall be 100 feet, measured from the two closest driveway curbs. 
7. The minimum distance of any driveway into the street, of a lot upon which a fast-food restaurant is located, from a street intersection shall be 100 feet, measured from the nearest end of the curb radius of the intersection to the nearest end of the curb radius of the driveway. 
8. Lanes for automobile service windows of fast-food restaurants shall be physically separated from the traffic circulation system on the site by concrete curbed and landscaped islands with a minimum width of five feet for landscaping. The lanes shall permit the stacking of a minimum of 10 vehicles at one time. 
9. All fast-food restaurants shall provide suitable areas for storage of trash, designed and constructed to allow no view of the trash storage from the street, to prevent trash from blowing around the site onto adjacent properties or public rights-of-way and to permit safe removal of trash. 
10. All fast-food restaurants shall provide parking at a ratio of at least one off-street parking space for every 30 square feet in the entire establishment (kitchen, storage, etc.) or one space for every three seats, whichever is greater. 
11. Any lot on which is located a fast-food restaurant must comply with the front yard, side yard and rear yard requirements for the B-1, B-2 or B-3 Business District in which the lot is located. 

An adult entertainment/retail establishment as defined in § 185-3 is a permitted conditional use in Business District B-3, General Business District, provided that the Planning Board shall determine by resolution that the following standards have been met: 

1. A site plan, prepared by a New Jersey licensed architect or engineer, shall be submitted to the Planning or Zoning Board of Adjustment as required by this chapter and state law, and said plan shall show that all standards, established herein for adult entertainment/retail establishment operation as a conditional use have been met. 
   
2. The nearest boundary line of the lot or parcel of land where the adult entertainment/retail establishment is to be located shall be at least 1,500 feet, measured in a straight line, from the boundary line of any other property on which is located an existing adult entertainment/retail establishment. The measurement of distances in this section shall be measured as under the Alcoholic Beverage Control Law.¹
3. No living quarters or sleeping accommodations of any kind shall be permitted in the same building which is occupied by the adult entertainment/retail establishment. 
4. The applicant has presented evidence which is found to be reliable demonstrating that the location of the proposed adult entertainment/retail establishment will not adversely affect the use of the Village streets in the area within 500 feet of the adult entertainment/retail establishment. It is the intent of this particular section to require an affirmative showing, by the applicant, that the operation of the adult entertainment/retail establishment will be under such management and supervision as the Planning Board can find acceptable and that the location and the operation of the adult entertainment/retail establishment will not cause any difficulty for pedestrians or others using the streets of the Village within the five-hundred-foot zone referred to above. 
5. The applicant shall present affirmative proof so that the Planning Board can make a finding of the fact that the use of the property for the proposed adult entertainment/retail establishment will not adversely affect the value of the properties which are located on either side of the property for which the application is made. 
6. The applicant shall file with the Planning Board certificates executed by the Construction Official and all appropriate subcode officials of South Orange Village attesting to the fact that the plans of the applicant will, when implemented, result in the creation of a structure which will comply with all of the requirements of the Uniform Construction Code, including but not limited to compliance with those requirements of the appropriate use group established by said code for occupancy by the applicant. 
7. All applications for the approval to operate an adult entertainment/retail establishment shall supply a list of the owners and, in the case of a corporation or partnership, the names of all partners, officers, directors and shareholders of said corporation, none of whom may have a criminal record. If any of the above individuals has a conviction for a disorderly persons offense, the Planning Board may, in its discretion, permit such person to continue his or her involvement with the adult entertainment/retail establishment. 
8. The adult entertainment/retail establishment shall not be permitted to hire any employees with criminal records. In order to ensure compliance this provision, the adult entertainment/retail establishment shall submit at the end of each quarter, March 31, June 30, September 30, and December 31, a list of all employees who have worked for the corporation during that quarter with their social security numbers and drivers license numbers. 
9. Proof that the proposed use in the proposed location will not adversely affect the safety and comfortable enjoyment of the property rights or otherwise adversely affect the value of adjacent properties; that the design of any structures erected in connection with such use are in keeping with the general character of the surrounding area; and that sufficient landscaping, including trees, shrubs and lawn, is provided to serve as a buffer between said use and any adjoining properties to ensure an attractive appearance for the use. 
10. No part of any building or structure used as an adult entertainment/retail establishment shall be located within 1,000 feet, measured in a straight line from the boundary line, of property which is used as or upon which is erected:
    1. A private residence or any residential district boundary line.
       
    2. A public or private school or playground.
    3. A church, synagogue or other place of worship.
    4. A hospital.
    5. A public building or place of public assembly.
    6. A theater or other building or structure used or intended to be used for public entertainment.
    7. A public playground or civic center.
    8. A firehouse or fire station. 
11. Adult entertainment/retail establishments shall provide parking at a ratio of at least one off-street parking space for every 33 square feet in the entire establishment, plus one parking space for each full-time and part-time employee. Public parking may not be utilized to meet the parking requirement. 
12. Any lot on which is located an adult entertainment/retail establishment must comply with the front yard, side yard and rear yard requirements for the B-3 District in which the lot is located.

1. Editor's Note: See N.J.S.A. 33:1-1 et seq. 

1. The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of a service to the neighborhood or area in which the particular use is located. 
   
2. The design of any building in connection with such facilities must not adversely affect the safe and comfortable enjoyment of property rights in the surrounding area. 
   
3. Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Regulatory Commissioners in effect at the time of the construction. 
   
4. Landscaping, including shrubs, trees and lawns, shall be provided and maintained. 
   
5. Off-street parking shall be provided as determined by the Planning Board during site plan review. 
   

1. Industrial Cannabis Uses (Classes 3, 4, and 6) may operate within the B-3 General Business District as a conditional use. Such business shall be subject to the bulk standards within the B-3 District as identified in § 185-165, Schedule 2.
2. In order to qualify for conditional use approval to operate a business as an Industrial Cannabis Use within the B-3 District, the licensee must meet the following conditions:
   1. All facilities shall possess the appropriate conditional or annual license from the Cannabis Regulatory Commission, or otherwise have an active application for an appropriate annual license before the Cannabis Regulatory Commission.
   2. Industrial Cannabis Uses shall only be permitted on sites with multiple street frontages;
   3. All loading operations must occur on-site.
   4. The Applicant shall submit a circulation plan as part of their Site Plan Application that, at minimum, depicts:
      1. Turning movements for all anticipated truck circulation on the site, including trucks related to cannabis business operations and emergency vehicles;
      2. Circulation within, ingress to, and egress from the site; and
      3. Turning movements of all trucks for site ingress and egress can be completed in one movement.
   5. Class 3 and Class 4 shall submit as a component of their Site Plan Application a water and energy consumption plan detailing, at minimum, anticipated water and energy consumption.
   6. No activities associated with cultivation, production, and manufacturing of cannabis or cannabis products shall occur within South Orange Village.
   7. No explosive materials shall be used on the site related to the sale, use or distribution of cannabis products.
   8. The Applicant will implement an odor mitigation infrastructure so that odors emanating from the facility are not detectable by a person on adjacent properties, rights-of-way, or other uses located on the same lot.
   9. Outdoor generators and other mechanical equipment shall be enclosed and have noise reduction systems to mitigate noise pollution. All facilities must operate within applicable State sound limitations. Sound mitigation equipment shall be screened from view from adjacent properties.
   10. Landscape buffers at least six feet high at the time of installation, or other equivalent method of buffering, shall be installed adjacent to any property line shared with a residential property.
   11. Cannabis or cannabis related products shall not be displayed within three (3') feet of storefront or front facade window.
   12. All exterior doors of the site shall use hydraulic, mechanical, electronic, or other similar mechanisms to keep doors from slamming open or closed.
   13. Vehicles may not be stored overnight in a front yard. Vehicles stored overnight shall be screened from adjacent properties and rights-of way by landscaping buffers at least six feet high at the time of installation, or other equivalent method of buffering.
   14. Compliance with the bulk standards for B-3 Business District pursuant to § 185-165, Schedule 2.
   15. Compliance with the signage standards pursuant to§ 185-XXIII.
   16. Compliance with the security requirements for Cannabis Businesses pursuant to state law and applicable state, county, local and/or Cannabis Regulatory Commission or other applicable regulations.
3. A Cannabis Retailer (Class 5) may operate as a conditional use within any zoning district of the Village in which retail sales are permitted.
4. In order to qualify for conditional use approval to operate a Cannabis Retailer business, the licensee must meet the following conditions:
   1. All facilities shall possess the appropriate conditional or annual license from the Cannabis Regulatory Commission, or otherwise have an active application for an appropriate annual license before the Cannabis Regulatory Commission.
   2. The retail premises shall not be located within 500 feet of a school identified on the New Jersey Department of Education School Directory. Such distance shall be measured from entrance to entrance as a straight-line measurement.
      1. Such buffer shall not apply to Cannabis Retailers operating within the boundaries of the Village's Special Improvement District.
   3. Retail operations shall be limited to the ground floor, while storage of cannabis and cannabis products may occur on the ground floor or other floors.
   4. The Applicant will implement an odor mitigation infrastructure so that odors emanating from the facility are not detectable by a person on adjacent properties, rights-of-way, or other uses located on the same lot.
   5. Outdoor generators and other mechanical equipment shall be enclosed and have noise reduction systems to mitigate noise pollution. All facilities must operate within applicable State sound limitations. Sound mitigation equipment shall be screened from view from adjacent properties.
   6. Landscape buffers at least six feet high at the time of installation, or other equivalent method of buffering, shall be installed adjacent to any property line shared with a residential property.
   7. Cannabis or cannabis related products shall be stored and displayed so as not to be visible from the adjacent sidewalk, right of way, or street.
   8. Compliance with the bulk standards for zoning district in which the Cannabis Retailer is located pursuant to § 185-165, Schedule 2.
   9. Compliance with the signage standards pursuant to § 185-XXIII.
   10. Compliance with the security requirements for Cannabis Businesses pursuant to state law and applicable state, county, local and/or Cannabis Regulatory Commission or other applicable regulations.
5. Outdoor Cannabis Consumption Areas are prohibited. Indoor Cannabis Consumption Areas complying with state law and applicable state, county, local and/or Cannabis Regulatory Commission or other applicable regulations shall be conditionally permitted on the ground floor or second floor in association with a conditionally permitted Cannabis Retailer and must meet the following conditions:
   1. The Applicant will implement an odor mitigation infrastructure so that odors emanating from the facility are not detectable by a person on adjacent properties, rights-of-way, or other uses located on the same lot.
   2. Cannabis Consumption Areas must employ insulation and other techniques and materials to mitigate sound penetration on to adjacent properties or other uses located on the same lot. Cannabis Consumption Areas must operate within applicable State sound limitations. Sound mitigation equipment shall be screened from view from adjacent properties.
   3. The operator of the Cannabis Consumption Area shall provide an operations plan that details, at minimum, how they intend to control access to Cannabis Consumption Areas, limit loitering and lines outside of the Cannabis Consumption Area, and address adverse situations in the Cannabis Consumption Area such as unruly patrons or medical emergencies.
   4. The Applicant shall submit plans detailing the location of any exhaust vents.
6. PARKING AND LOADING
   1. Businesses with a Class 3, Class 4 or Class 6 license shall be subject to the parking requirements associated with "Warehouse, storage building" uses as identified in Village Code Article 185 - XXXI.
   2. Businesses with a Class 5, Cannabis Dispensary or an Alternative Treatment Center license shall be subject to the parking requirements associated with "Retail stores and businesses providing general services or instruction" as identified in Village Code Article 185 - XXXI. Businesses with a Class 5, Cannabis Dispensary or an Alternative Treatment Center license may seek off-street parking exemptions pursuant to Village Code Article 185 - XXXI.
   3. Loading requirements for all cannabis businesses shall be subject to Village Code Article 185 - XXXI.
   4. An Operator of a Cannabis Consumption Area shall be subject to the same parking requirements as restaurants and bars. Operators of a Cannabis Consumption Area may seek off-street parking exemptions pursuant to Village Code Article 185-XXXI.
   5. If multiple industrial cannabis uses operate on one site, then the entire premises shall be subject to the parking requirement applicable to the business's cannabis license class that requires the greatest quantity of parking. If a Class 5, Cannabis Dispensary or an Alternative Treatment Center business operates a cannabis consumption area, the parking requirement for portion of the premises dedicated to the cannabis consumption area shall be calculated separately from that of the portion of the premises dedicated to retail.
7. LIMITATIONS ON THE NUMBER OF LICENSES AND REVIEW OF THIS ORDINANCE FOR CONSISTENCY: There shall be no limit on the number of Industrial Cannabis uses operating within the Village. There shall only be two Cannabis Retailer license permitted within the Village, which limit does not apply to Microbusinesses as defined in Village Code. It is anticipated that the Cannabis Regulatory Commission will adopt and promulgate additional regulations from time to time. It shall be the practice of the Village to remain abreast of such changes and conduct periodic review of this Ordinance for consistency with applicable law and regulations as well as evolving best practices.
8. Hours of Operation: Industrial Cannabis Uses (except as to Class 6 License holders) may only operate between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and holidays. Cannabis Retailers may only operate between the hours of 8:00 a.m. and 10:00 p.m. The area devoted to use as a Cannabis Consumption Area may only operate between the hours of 8:00 a.m. and 2:00 a.m. the following day.
   

A. Conditional Use Standards

1. All entrances shall either be recessed from the facade by 3' or have a canopy/overhang above it. 2. Each unit or 20' spanse of building width shall have an articulation such as a balcony, bay window or building setback. 3. Any side of the building facing a street shall be setback a minimum of 10' from the public ROW. 4. The rear of the building shall be setback a minimum of 40' from the lot line. 5. Residential parking must be located to the rear of all townhome buildings and shall be screened by a landscaping buffer that is a minimum of 6' in width. 6. All ground-floor units shall have a foundation planting bed that is a minimum of 4’ wide and that contains shrubs and/or similar plantings. The plantings shall serve as screening between the ground-floor units and the public ROW. 7. Townhome buildings must not be taller than 3 stories and 40’ in height. 8. Townhome buildings cannot be located along South Orange Avenue.

1. Purpose. To permit properly licensed Cottage Food Operators to operate from their home, while ensuring proper protections for the health, safety, and welfare, as well as consistency with New Jersey Department of Health regulations.
2. Cottage Food Operator Application. Prior to any person commencing operations as a Cottage Food Operator or engaging in the production of any Cottage Food product, a person shall make application to the Village of South Orange Zoning Official and submit the following:
   1. An approved Cottage Food Operator's license issued by the New Jersey Department of Health, Public Health and Food Protection Program pursuant to NAC, 8:24-11;
   2. Evidence of authorization to operate on a particular property, including:
      1. If an applicant proposes to engage in Cottage Food operations from a property that is a condominium, townhouse, co-op, or other form of multi-family housing, and said property is subject to the provisions of the Condominium Act, N.J.S.A. 46:6B-8.1 et seq., and/or Planned Real Estate Development Full Disclosure Act, N.J.S.A. 45:22A-21 ef seq., the applicant shall provide either a) documentary evidence that the proposed Cottage Food operation is permitted by the Association's governing documents, or b) a letter from the Association or its agent approving the Cottage Food operation.
      2. A written certification verifying that the applicant is the owner of the property from which Cottage Food operations are proposed, or a written certification from the property's owner approving the Cottage Food operation, and that the Cottage Food Operator is the resident of the dwelling from which Cottage Food operations are proposed.
   3. Use Permit fees according to Section 143-13 shall apply.
3. Requirements. Cottage Food operations shall comply with the following regulations:
   
   1. Cottage Food Operators shall only be residents of the dwelling unit used for Cottage Food operations. No non-resident employees shall be permitted.
   2. Consistent with N.J.A.C. 8:24-11.3{a)(1}(i}, the Cottage Food operation shall not include facilities (seating, standing areas, bar-counters, etc.) for on-site consumption of purchased food.
   3. Cottage Food Operators shall not erect or install any signage at the residence where the cottage food products are produced advertising or otherwise relating to the operations of the Cottage Food Operator. There shall be no change to the exterior of buildings or structures because of the use and no outside appearance of a business use, including, but not limited to, parking, storage, signs, noise, vibration, glare, fumes, or odors.
   4. Deliveries to consumers’ homes as permitted by N.J.A.C. 8:24-11.3(a)(1) {ii} shall be conducted only by the operator or resident of the Operator's household, and shall not be conducted by a non-resident employee or by a delivery service including on-demand services, except as permitted by N.J.A.C. 8:24-11.2(b).
   5. No displays or samples of the Cottage Food products produced at a residence shall be permitted anywhere in public view.