West Orange, NJ Zoning Ordinance

[Ord. No. 2357-12 § 25-24.2; amended 9-22-2020 by Ord. No. 2617-20; 7-13-2021 by Ord. No. 2647-21; 2-15-2022 by Ord. No. 2673-21; 7-19-2022 by Ord. No. 2685-22; 4-4-2023 by Ord. No. 2726-23; 8-22-2023 by Ord. No. 2808-23; 7-9-2024 by Ord. No. 2852-24]

General Requirements. Pursuant to the provisions of the Municipal Land Use Law, the Planning Board shall have the power to grant conditional uses on particular sites, according to the definite specifications and standards set forth in Subsection 25-24.2b. Such use shall be one which is specifically authorized as a conditional use by the Table of District Regulations, for the location in the district within which such particular site is located.

Specific Requirements. Subject to the stipulations, guiding principles and conditions contained in this section, the Planning Board shall have the power to grant conditional uses authorized by the Table of District Regulations, in specified districts, as follows:

In districts where only residential uses are authorized except as noted.

(a)

Public Utility Buildings and Structures/Telephone Exchanges.

(1)

The minimum front yard shall be 50 feet.

(2)

The minimum side yards shall be 25 feet and 25 feet.

(3)

The minimum rear yard shall be 50 feet.

(4)

There shall be a twenty-five-foot wide buffer adjacent to all residential property lines, within the required setback, which shall consist of natural vegetation and, if required by the Planning Board or Board of Adjustment, new vegetation to supplement the existing vegetation.

(5)

All structures shall be designed to be complementary to, or sufficiently screened from, a residential neighborhood.

(b)

Additional Off-Street Parking. In R-5, R-6, R-T, R-G and R-M Districts, additional off-street parking shall be permitted upon approval of the same as a conditional use by the Planning Board. Such conditional use shall have all existing front, rear and side yard requirements of the district in which it is located applied to it. All abutting residential property shall be screened by a fence of solid wood or masonry, or a combination thereof, and backed with maintained evergreen planting. The front yards shall be screened with evergreen plantings or hedges. Parking shall be prohibited within all required front, rear and side yard setbacks.

(c)

Private Club.

(1)

Parking lot entrances and exits shall be clearly visible from the public street and shall not be located within 75 feet of a street intersection.

(2)

(3)

All structures shall be designed to be complementary to a residential neighborhood.

(4)

A landscape plan, which provides substantial buffering of the parking area, must be approved by the Planning Board or Board of Adjustment and kept on file in the Department of Planning and Development. All plantings shall be maintained in perpetuity and all plants must be replaced in kind when necessary.

(d)

Public/Private Schools. In any residential district, except an R-M District, a public or private school subject to approval by the Planning Board with respect to the location of such facility in relation to the present and anticipated needs of the Township and to the Master Plan or any portion thereof which has been adopted by the Planning Board, and further subject to the following conditions:

(1)

The minimum lot area shall be five acres.

(2)

All buildings and outdoor recreation facilities shall be set back at least 125 feet from any property line and all parking areas, parking access aisles and accessory buildings shall be set back at least 75 feet from any property line.

(3)

There shall be a fifty-foot wide buffer adjacent to all property lines, within the required setback, which shall consist of natural vegetation and, if required by the Planning Board or Board of Adjustment, new vegetation to supplement the existing vegetation.

(4)

The required setbacks and buffers for outdoor recreation facilities that are lighted for evening use shall be increased by 100% over the above requirements. The use of outdoor recreation facilities shall not be permitted after 11:00 p.m.

(5)

(e)

Hotels and Restaurants. In any R-5 District, a hotel on a land area of 10 acres or more in extent, and located on a County road, provided that such use shall be approved by the Department of Health and Welfare. In addition such use shall be subject to conditions and safeguards imposed by the Planning Board including but not limited to:

(1)

The location and adequacy of entrances and exits for vehicular traffic and the safety of customers and guests.

(2)

Adequate buffers including a landscaped buffer of 150 feet around the sides and rear of the property line.

(3)

A maximum building coverage of 20%.

(4)

A maximum of 40% impervious surface coverage.

(5)

If any adjoining lot is in a residential district there must be a 350-foot rear and side yard set- back to any hotel or restaurant or accessory use or structure.

(f)

Banquet and Conference Center. A development consisting of a banquet and dining facility, conference center and guest rooms for overnight accommodations in one or more buildings shall be permitted in the R-4 District as a conditional use subject to the following requirements:

(1)

The minimum lot size shall be 25 acres and the minimum lot depth shall be 1,500 feet.

(2)

The property shall have frontage on a County road.

(3)

The maximum building ground coverage shall be 10% and the maximum lot coverage shall be 25%. In no case shall the gross floor area of all buildings exceed 136,000 square feet.

(4)

The maximum building height shall be the same as for the R-4 District except that existing buildings shall be exempt from this requirement.

(5)

The total number of guest rooms for overnight accommodations shall not exceed 50 rooms.

(6)

All principal buildings shall be set back at least 125 feet from any property line and all parking areas, parking access aisles and new accessory buildings shall be set back at least 50 feet from any property line.

(7)

There shall be a fifty-foot wide buffer adjacent to all property lines which shall consist of natural vegetation and, if required by the Planning Board, new vegetation to supplement existing vegetation. Roadways, driveways and existing structures shall be permitted within such buffer areas provided they are designed to minimize disruption of such areas, except that a seventy-five-foot wide buffer shall be required adjacent to any existing multifamily development and no roadways, driveways or structures shall be allowed in the seventy-five-foot wide buffer area.

(8)

The minimum number of parking spaces shall be in accordance with Subsection 25-12.2 with guest rooms being considered hotel rooms for the purpose of determining required parking spaces except that the total amount of required parking may be reduced where the applicant demonstrates to the satisfaction of the approving authority that the parking demands for the different permitted uses are not additive and that the shared parking provided is reasonable and accommodates the anticipated demand.

(9)

Permitted accessory uses on the same lot shall include those normally incident and subordinate to permitted principal uses and shall include retail sales, recreation, dining, personal services, a gatehouse, existing single-family dwellings for employees and one new resident manager's dwelling associated with the principal use or uses.

(g)

Nursing Home/Long-Term Care Residential Healthcare Facility. In an R-T, R-G, R-M, OB-1 and OB-2 District, a nursing home or long-term care residential healthcare facility shall be permitted only as a conditional use authorized in each case by the Planning Board and subject to the following conditions:

(1)

Lot Area. The minimum lot area shall be five acres.

(2)

Lot Width. The lot width at both the street line and the building setback line shall be not less 350 feet.

(3)

Front Yard. There shall be a front yard of not less than 150 feet of natural vegetation or landscaping. No parking of motor vehicles shall be permitted in the front yard.

(4)

Side Front Yard. There shall be a side front yard of not less than 150 feet of natural vegetation or landscaping. No parking of motor vehicles shall be permitted in the front side yard.

(5)

Side Yards. There shall be two side yards, each with a 150-foot buffer of natural vegetation or landscaping.

(6)

Rear Yard. There shall be a rear yard of not less than 150 feet of natural vegetation or landscaping. The off-street parking of motor vehicles as required may be permitted in the rear yard, except not within the required 150-foot buffer area.

(7)

Building Height. The building height shall not be more than 35 feet and 2 1/2 stories.

(8)

Building Coverage. The building coverage shall not exceed 25%.

(9)

Lot Coverage. The lot coverage shall not exceed 35%

(10)

Street Frontage. The site must have 350 feet of street frontage.

(11)

Storage of Vehicles. No resident shall be permitted to store or park a motor vehicle(s) at the facility, either permanently or temporarily, unless the motor vehicle(s) is used on a regular basis to conduct the normal daily affairs of that resident.

(h)

Assisted Living/Congregate Care. In an R-G, R-M, OB-1, OB-2, R-C and PURD District, an assisted living or congregate care facility shall be permitted only as a conditional use authorized in each case by the Planning Board and subject to the following conditions:

(1)

Lot Area. The minimum lot area shall be five acres.

(2)

Lot Width. The lot width at both the street line and the building setback line shall be not less than 350 feet.

(3)

Front Yard. There shall be a front yard of not less than 150 feet of natural vegetation or landscaping. No parking of motor vehicles shall be permitted in the front yard.

(4)

Side Front Yard. There shall be a side front yard of not less than 150 feet of natural vegetation or landscaping. No parking of motor vehicles shall be permitted in the front side yard.

(5)

Side Yards. There shall be two side yards, each with a 150-foot buffer of natural vegetation or landscaping.

(6)

Rear Yard. There shall be a rear yard of not less than 150 feet of natural vegetation or landscaping. The off-street parking or motor vehicles as required may be permitted in the rear yard, except not within the required 150-foot buffer area.

(7)

Building Height. The building height shall not be more than 35 feet and 2 1/2 stories.

(8)

Building Coverage. The building coverage shall not exceed 25%.

(9)

Lot Coverage. The lot coverage shall not exceed 35%.

(10)

(11)

Street Frontage. The site must have 350 feet of street frontage.

(i)

Commercial Recreation.

(1)

(2)

(3)

(4)

(j)

House of Worship.

(1)

All houses of worship and their accessory uses shall be set back at least 125 feet from any property line and all parking areas, parking access aisles and accessory buildings shall be set back at least 75 feet from any property line.

(2)

There shall be a fifty-foot wide buffer strip adjacent to all property lines, within the required setback, which shall consist of natural vegetation and, if required by the Planning Board or Board of Adjustment, new vegetation to supplement the existing vegetation.

(3)

(4)

Ingress and egress to the property shall be clearly marked and shall not be located within 75 feet of a street intersection.

(5)

Parking requirements must be considered for the use for religious services as well as for accessory uses such as parochial schools. When calculating the parking requirements, the requirements for each use or building shall be aggregated.

(6)

Parking for the house of worship shall be on the same lot as the main structure.

(k)

Townhouse Residential Cluster Development. A townhouse residential cluster development shall be permitted in the R-3 District as a conditional use in order to provide flexibility in residential unit type and design, to encourage preservation of open space, to facilitate land development activities that respect site constraints and sensitive environmental features, and to provide opportunity for development of appropriate recreational facilities and other public uses. A townhouse residential cluster development shall be developed as a single entity, although it may be phased, and shall provide for an integrated development of townhouses, together with a substantial amount of open space and recreational facilities. A townhouse residential cluster development shall satisfy the following requirements:

(1)

The tract shall have frontage on and access from a State roadway.

(2)

The minimum tract size shall be 150 acres.

(3)

The maximum gross density shall be 1.25 units per gross acre prior to any dedication of land as set forth in Subsection (12) below, and not exceed 250 total units.

(4)

The maximum number of units in a townhouse structure shall be five.

(5)

The minimum distance between townhouse structures shall be 75 feet rear to rear and 30 feet side to side.

(6)

A townhouse structure shall be set back a minimum of 25 feet from any right-of-way line.

(7)

The maximum height of any townhouse unit shall be 45 feet.

(8)

The maximum number of stories shall be three.

(9)

The maximum building coverage for the entire tract prior to any dedication of land shall be 20%.

(10)

The maximum impervious coverage for the entire tract prior to any dedication of land shall be 35%

(11)

There shall be a buffer strip around the perimeter of the tract being developed which is at least 75 feet in width, which buffer strip shall consist of existing vegetation and, where deemed necessary by the Planning Board, supplemental vegetation (or fencing where appropriate), subject to the following:

(i)

The perimeter buffer strip shall permit roadway and utility crossings within the buffer except where adjacent to existing improved residential properties; provided, however, that said disturbance shall be limited to a linear distance of no more than 400 feet in any one location, and an area no greater than three acres in size collectively when all areas of disturbance are combined;

(ii)

Where adjacent to existing improved residential properties, the perimeter buffer strip shall remain undisturbed in its natural state such that existing grading and vegetation is preserved; provided that a temporary intrusion into the buffer strip of up to 25 feet in width measured from the interior buffer boundary (the "intrusion area") shall be permitted where required to excavate and grade for utility construction purposes as long as the intrusion area is regraded and replanted with evergreen vegetation and, where appropriate, berms so as to restore and establish the seventy-five-foot buffer strip and grading to substantially the same condition as existed prior to the intrusion; and provided further that while the utility right-of-way may be located partially within the intrusion area, under no circumstance will the actual utility lines be located within any part of the buffer strip where adjacent to existing improved residential properties;

(iii)

Where the buffer strip abuts any part of the tract that will be dedicated to and accepted by the Township for open space preservation purposes and the dedicated lands are adjacent to existing property owned by the Township, the buffer strip may be reduced in width or eliminated; and

(iv)

Where the buffer strip abuts existing unimproved property owned by the Township, a portion of the buffer strip may be disturbed for roadway and utility purposes, provided that said disturbance is [a] located no closer than 25 feet to the property line, [b] has a linear distance of no more than 600 feet, and [c] has a total area of no greater than two acres.

(12)

A minimum of 40% of the tract shall be set aside as open space. Such open space may be either voluntarily dedicated to the Municipality for public use or may be reserved for the benefit of the residents of the development. If such open space is dedicated to the Municipality for public use, then the following standards must be met in order for the Municipality to accept the dedication:

(i)

A minimum of 20% of the total tract must be dedicated for public use.

(ii)

The area dedicated for public use shall have frontage on and access from a State roadway.

(iii)

The area dedicated for public use shall be substantially suitable for parks, playgrounds, soccer fields, ballfields, schools, libraries, or any other community or recreational facility deemed appropriate by the Township Council.

(iv)

Any area dedicated for public use that is intended for recreation shall be improved by the developer in accordance with a plan to be memorialized in a developer's agreement approved by the Township Council.

(13)

For any open space that is not dedicated to the Municipality, such common open space shall be designed as an integral part of the development and shall include, to the extent practicable, natural assets such as woodlands, wetlands and stream corridors. Common area lands developed for the benefit of residents in the development may be devoted to recreation, including, but not limited to, a clubhouse, swimming pool, tennis courts, jogging/fitness trails and walking paths. Any privately-owned open space, beyond the recreational improvements, drainageways and/or detention basins and/or utility lines, shall be maintained as a passive open space in its natural state to benefit the community in general and the natural environment. For any common open space reserved for the benefit of the residents of the development, the developer shall establish an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved nor shall it dispose of any common open space by sale or otherwise (except to an organization conceived and established to own and maintain the common open space) without first offering to dedicate the same to the Township.

(14)

Off-street parking and street design standards shall be in compliance with Residential Site Improvement Standards (RSIS).

(l)

Townhouse/Low-Rise Residential Cluster Development. A townhouse/low-rise residential cluster development shall be permitted in the R-5 District as a conditional use in order to provide flexibility in residential unit type and design, to encourage open space, to facilitate land development activities that respect site constraints and sensitive environmental features, to provide for the establishment of both on- and off-site open space, and to provide for the regional transportation needs of the Township. The Township/low-rise residential cluster development shall satisfy the following requirements:

(1)

The minimum tract size shall be 20 acres.

(2)

Density and Buffer Requirements:

(i)

The maximum base density shall be three units per acre in the R-5 Zone. A set-aside of not less than 30% of the gross tract area as permanent common open space for use of the resident owners and/or the general public shall be required.

[a]

A minimum fifty-foot landscape buffer shall be required along the front, side and rear yards.

(ii)

Cluster bonus density of up to 50% of the base or a maximum of 4.5 units per acre shall be permitted if not less than 40% of the gross tract area is preserved as permanent common open space.

[a]

A seventy-five-foot minimum landscape buffer strip shall be required along the front, side and rear yards.

(iii)

Alternatively, up to a 50% maximum bonus density of up to not more than 4.5 units per acre may be granted for cluster housing developments that offer permanent preservation and protection of land and improvements with historically and/or culturally significant features. Such land and improvements with historically and/or culturally significant features may be on tract or located off tract.

[a]

A continuous landscape buffer strip of not less than 30 feet shall be required along the front, side and rear yards. The buffer may be penetrated by access roads provided that there shall be a minimum of a fifty-foot buffer from any such road to any existing residential dwelling.

(3)

The maximum height of any townhouse unit shall be 35 feet as measured from the average grade around the perimeter of the building to the midpoint of the roof.

(4)

The maximum number of stories in the townhouse units shall be three.

(5)

For the low-rise buildings, each apartment unit within the building shall have a minimum unit size of 2,500 square feet.

(6)

The maximum height of the low-rise building shall be 55 feet when measured from the average grade around the perimeter of the building to the midpoint of the roof.

(7)

The maximum number of stories for the low-rise building shall be 4 1/2 stories over one story of parking.

(8)

The maximum building coverage for the entire tract prior to any dedication of land shall be 35%.

(9)

The maximum impervious coverage for the entire tract prior to any dedication of land shall be 50%.

(10)

In satisfaction of all or part of its obligation, the developer may donate a portion of its property, or other property off-site, for such public or quasi-public purpose as may be acceptable to the Township that has historically and/or culturally significant features; provided, however, that such donation from the gross area of the tract shall not affect the gross acreage for density purposes.

(i)

In the event of a donation as set forth in this Subsection (10), the recipient of the R-5 District property, in lieu of the bulk or dimensional requirements for such use as set forth in Subsection 25-24.2 hereof, shall satisfy the following requirements:

[a]

The maximum building coverage shall be 35%.

[b]

The maximum impervious coverage shall be 65%.

[c]

Minimum setbacks from any adjoining nonresidential uses shall be as follows:

[1]

Fifty feet from any structure on the property to be developed hereunder, to the property line.

[2]

Twenty feet from any parking lot to be used in connection with any such structure, to the property line.

[3]

For either usage, the minimum setback as provided for herein shall include a twenty-foot landscaped buffer, which will provide a year-round visual screen.

[d]

Minimum setbacks from any residential uses shall be as follows:

[1]

One hundred twenty-five feet from any structure on the property in the development hereunder, to the property line.

[2]

Fifty feet from any parking lot to be used in conjunction with any such structure, to the property line.

[3]

For either usage, the minimum setback as provided for herein shall include a fifty-foot landscaped buffer, which will provide a year-round visual screen.

[e]

The maximum building height shall be 55 feet, when measured from the average grade around the perimeter of the building to the midpoint of the roof.

[f]

The maximum number of stories shall be three.

(11)

For any common open space reserved for the benefit of the residents of the development, the developer shall establish an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved nor shall it dispose of any common space by sale or otherwise (except to an organization conceived and established to own and maintain the common open space without first offering to donate same to the Township).

Business and Industrial Districts.

(a)

Theater. In a Business District, a theater, provided that the location of such use is deemed by the Board to be appropriate to its immediate neighborhood and subject to such conditions and safeguards as the Board may impose with respect to, among other matters, the location and adequacy of entrances and the exits to parking area required by this chapter, so as to assure the public safety, and provided further that when such use abuts any residential district, the parking area or areas shall be suitably screened as to protect adjacent residential properties.

(b)

Bowling Alley or Billiard Parlor in an Industrial District. A billiard parlor or a bowling alley or a combination thereof, provided that the location of the use is deemed by the Planning Board to be appropriate to its immediate neighborhood, and subject to such conditions and safeguards as the Board may impose with respect to, among other matters, the location and adequacy of entrance and exits to parking areas required by this chapter, so as to assure the public safety, and further provided that when such use abuts any residential district, the parking area or areas shall be suitably screened so as to protect adjacent residential properties.

(c)

Commercial Recreation.

(1)

(2)

(3)

(4)

(d)

Hotel. In any B (Business) District, a hotel on a land area of five acres or more in extent, provided that such use be approved by the Public Health Department, and subject to such conditions and safeguards as the Planning Board may impose with respect to, among other matters, the location and adequacy of entrances and exits so as to assure the safety of vehicular traffic, and the provision of buffers or minimum required lot area of 2,500 square feet per guest room or suite, a maximum building coverage of 20% and a maximum of 40% impervious surface.

(e)

Commercial Antenna. In a business, commercial or industrial district, a commercial antenna shall be permitted as a conditional use and shall satisfy the following requirements:

(1)

The applicant shall submit a site plan and appropriate engineering drawings, as well as a statement certified by a qualified engineer indicating the projected effective radiated power of all transmitted signals, the probable radiation pattern and an analysis of any potential for reception interference by electronic receiving devices of good design to the Planning Board or Board of Adjustment ("the Board"), as appropriate. Approval shall not be denied on the grounds of reception interference. Approval of a commercial antenna may be granted by the Board upon a finding that the proposed commercial antenna is structurally sound, that the antenna does not result in an undue concentration of commercial antennas in a particular location, and that the antenna meets the height limitations hereinafter set forth.

(2)

Applications to the Board for approval of a commercial antenna shall clearly state the number, location and size of all radiating elements. The addition or change in location of any radiating element or elements after Board approval shall be preceded by the submission of a new application for approval which shall set forth the number, location and size of any such addition or change in location of a radiating element and any necessary amendments to prior documents, including the engineering report with respect to radiation.

(3)

Each application for Board approval hereunder shall include, if not heretofore placed on file with the Board, a true copy of applicant's FCC approvals relating to existing or proposed operation with the Township of West Orange obtained within three years of the application. After the date of filing of the application with the Board and thereafter, unless approval is finally denied, applicant shall promptly serve on the Board a true copy of each FCC approval made by applicant.

(4)

No commercial antenna shall exceed a height of 200 feet.

(5)

The minimum setback for a commercial antenna from all property lines shall be 1 1/2 times the height of the antenna.

(f)

Senior Citizens Housing Project. In an R-G, R-M, OB-2, B-1 and B-2 District, a senior citizen housing project shall be permitted only as a conditional use authorized in each case by the Planning Board and subject to the following conditions:

(1)

A senior citizen housing project shall be specifically designed and constructed for the use of elderly or handicapped families, the head of which and/or his or her spouse is 62 years of age or older or is handicapped; and such term also means a single person who is 62 years of age or older, or is handicapped. A person shall be considered handicapped if he or she has a physical impairment as defined by Regulations published by the Social Security Administration.

(2)

Uses incidental, necessary and appropriate to such housing for the benefit and well being of the occupants thereof shall also be permitted.

(3)

A Senior Citizens Housing Project shall meet the following requirements:

(i)

Each structure shall have a maximum height of 35 feet.

(ii)

The minimum lot area for each structure shall be two acres.

(iii)

The minimum lot area per unit shall be 500 square feet.

(iv)

The minimum lot width shall be 150 feet.

(v)

The minimum front yard shall be 30 feet.

(vi)

The minimum side yards shall be 30 feet and 30 feet.

(vii)

The minimum rear yard shall be 30 feet.

(viii)

The maximum building coverage shall be 19%.

(ix)

Adequate provision for parking shall be provided in accordance with § 25-12 of this chapter.

(g)

Motor Vehicle Fueling Stations.

(1)

Applications for conditional uses as motor fuel filling stations shall be governed by all other applicable provisions of this chapter.

(2)

Anything in this chapter to the contrary notwithstanding, the Planning Board shall not order, direct or authorize the issuance of a permit to use any building, structure or premises as or for a motor fuel filling station unless:

(i)

The lot or parcel of land so to be used has a street frontage of at least 150 feet and an average depth of at least 175 feet except in the case of a corner lot where the street frontage and depth shall each be at least 175 feet.

(ii)

The walls of the building or structure are set back at least 40 feet from the front street property line and at least 25 feet from every adjoining property line.

(iii)

The entrance and exit driveway or driveways are at least 25 feet wide and 10 feet from the adjoining property line and at least 50 feet from the point of intersection of the right-of-way lines.

(iv)

Every gasoline, diesel or oil tank, pump, lift, filling, greasing or other device, appliance or apparatus is located at least 25 feet from any street right-of-way line and at least 15 feet from the side and rear lines of the premises.

(v)

All storage tanks shall be installed below ground level with the exception of drainings, which may be stored in tanks or drums outside the building, until removed from the premises.

(vi)

The nearest boundary line of the lot or parcel of land so to be used is at least 500 feet, measured in a straight line from any boundary line of property which is used as, or upon which is erected:

A public or private school

A church or other place of worship

A hospital

A public library, public art museum or other public building

A firehouse or fire station

A senior citizen housing project

A nursing home

(vii)

No facilities shall be installed or maintained for the servicing of vehicles upon the public street. No work shall be performed on any vehicle on a public street. No vehicle shall be stored or parked on a public street or right-of-way while awaiting repairs.

(viii)

The Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, the minimizing of traffic congestion by appropriate arrangement of entrances and exits to assure public safety, and the provision of screening so as to protect adjacent residential properties.

(h)

Video Arcade or Amusement Arcade. A video arcade or amusement arcade shall be a conditional use in an I, P-C, B-1 and B-2 Zoning District subject to the following conditions:

(1)

There shall be no more than one video arcade or amusement arcade in any structure.

(2)

Appropriate lighting, both indoor and outdoor, to ensure the safety of patrons must be provided.

(3)

The video arcade or amusement arcade shall comply with all West Orange ordinances with respect to signage. In addition, there will be no signs illuminated in any manner so as to make them appear to be flashing.

(4)

The operation of the video arcade or amusement arcade shall not cause a disturbance to the public including but not limited to noise, nuisance or loitering.

(5)

A video arcade or amusement arcade shall be monitored during all hours of operation by an individual whose duties shall include assuring the safety of arcade patrons.

(6)

A video arcade or amusement arcade shall contain a minimum of 50 square feet of floor area per each mechanical amusement device or similar player-operated device.

(i)

Fast Food Restaurant. A fast food restaurant shall be permitted in a B-1 or B-2 District as a conditional use if the following requirements are satisfied:

(1)

A site plan, prepared by a New Jersey licensed architect or engineer, shall be submitted to the Planning or Zoning Board, as required by this chapter and state law, and the plan shall show 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 any 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 be30,000 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)

Combined 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 so designed to avoid the need for any existing vehicle to back across or into any portion of a public sidewalk or street. One-way entrance or exit driveways shall have a minimum width of 18 feet.

(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)

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.

(9)

All fast food restaurants shall provide parking in accordance with § 25-12.2b.

(10)

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 or B-2 District in which the lot is located.

(j)

Sexually Oriented Businesses.

(1)

Purpose. The purpose of this Subsection (j) is to limit offenses against public order, health and decency in the Township of West Orange (the "Township"). This subsection is enacted pursuant to N.J.S.A. 2C:34-2.

(2)

Definitions. For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meanings indicated below:

ADULT ARCADE

Shall mean any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electricity or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE OR ADULT VIDEO STORE

Shall mean a commercial establishment which as one of its principal business purposes, offers for sale or for rental, or for any form of consideration, any one or more of the following:

(i)

Books, magazines, periodicals or other printed material or photographs, films, motion pictures, video cassettes or video productions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; and/or

(ii)

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities; and/or

(iii)

Video stores whose inventory of adult videos is less than 20% of the total number of videos offered for sale or rent are not an adult video store for purposes of this section.

ADULT CABARET

Shall mean a nightclub, bar, restaurant or similar commercial establishment, which regularly features:

(i)

Persons who appear in a state of nudity; or

(ii)

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

(iii)

Films, motion pictures, video-cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTEL

Shall mean a hotel, motel or similar commercial establishment, which offers accommodations to the public for any form or consideration of which:

(i)

Offers a sleeping room for rent for a period of time that is less than 24 hours; or

(ii)

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 24 hours.

ADULT MOTION-PICTURE THEATER

Shall mean a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT THEATER

Shall mean a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

COMMERCIAL DISPLAY

Shall mean the exhibition to the senses of another person for valuable consideration, whether the valuable consideration is paid by the recipient of the exhibition or by another, and whether the exhibition occurs at the exhibitor's place of business or elsewhere.

GO-GO ENTERTAINMENT BUSINESS

Shall mean the definition set forth in § 25-4 of the Land Use Regulations of the Township of West Orange.

MASSAGE PARLOR

Shall mean a place where persons pay either a membership fee or an admission fee or any other fee and where specified sexual activities are permitted or encouraged.

NUDITY OR STATE OF NUDITY

Shall mean the appearance of a human bare buttock, anus, male genitals, female genitals or female breasts.

OBSCENE MATERIALS

Shall mean the definitions of obscene materials set forth in P.L. 1978, c. 95, as amended by P.L. 1992, c. 211 Section 1 (effective December 23, 1982 as N.J.S.A. 2C:34-2), as the same shall be from time to time amended.

PERSON

Shall mean an individual, proprietorship, partnership, corporation, association or other legal entity.

SEX CLUB

Shall mean a public or private place where persons pay either a membership fee or an admission fee and where the activity on the premises consists, in whole or in part, of direct sexual contact between and among the patrons. Notwithstanding the fact that the owner or operators of a "sex club" contend that the club is private, nevertheless such places shall be deemed to be public if there is nothing about the operation to distinguish a "member" from anyone else who seeks admittance to the premises.

SEXUALLY ORIENTED BUSINESS

Shall mean an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, "Go-Go" entertainment business, massage parlor, sex club, or tattoo parlor.

SPECIFIED ANATOMICAL AREAS

Shall mean:

(i)

Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below the point immediately above the top of the areola; or

(ii)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

Shall mean any of the following:

(i)

The fondling or other erotic touching of human genitals, pubic region, buttock or female breasts;

(ii)

Sex act, normal or perverted, actual or simulated including intercourse, oral copulation or sodomy;

(iii)

Masturbation, actual or simulated; and

(iv)

Excreta functions as part of or in connection with any of the activities set forth in the definition of specified sexual activities above.

TATTOO PARLOR

Shall mean any establishment, shop or operation wherein a tattoo is removed from or affixed upon the surface of a human body.

(3)

Location of Sexually Oriented Businesses.

(i)

A person violates this ordinance if he/she operates or causes to be operated a sexually oriented business within 500 feet of:

[a]

Places of public worship, including but not limited to any church, synagogue, temple;

[b]

Any school or other place of instruction, whether public or private, including but not limited to any elementary or secondary school or any school bus stop;

[c]

Any Municipal or County playground or place of public resort and recreation;

[d]

Any mental or physical health care provider or facility;

[e]

Any individual residence or residential district;

[f]

A boundary of any zone, as defined by the Land Use Regulations of the Township of West Orange, in which residential uses are permitted;

[g]

Any day-care center or similar facility for pre-school children;

[h]

Any other sexually oriented business; and

[i]

Any hospital.

(ii)

Measurement shall be made in a straight line without regard to intervening structures or objects, from the nearest point of the property line of the parcel of land upon which the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises devoted to residential use or another sexually oriented business, which is used for a purpose set forth herein.

(iii)

Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width with plantings, fence, or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located.

(iv)

No sexually oriented business shall display more than two exterior signs, consisting of one identification sign and one sign giving notice that the premises are off limits to minors. The combined signage shall be no more than 40 square feet in size. In addition, the signage shall comply with the Township Zoning Ordinance, but in no event, shall the total square footage of both signs exceed 40 square feet in the aggregate.

(4)

Development Standards.

(i)

Buildings used for sexually oriented businesses shall meet all applicable safety standards of the Township, including but not limited to adequate fireproofing of walls, floors, ceilings, adequate fire escapes and exits and adequate fireproofing of all book storage areas.

(ii)

All zone requirements for setbacks, building height, buffers, signs, parking and the like shall be complied with.

(iii)

All site improvements and site design shall conform to the requirements prescribed under Subsection 25-40.2 of the Land Use Regulations of the Township of West Orange.

(iv)

The interior of the sexually oriented business shall be adequately lighted and constructed so that every portion thereof, except for restroom(s) and areas restricted to employees, is readily visible to the clerk or other supervisory personnel from the counter or other regular stations.

(v)

Obscene materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other areas, public or semi-public.

(vi)

No loudspeakers or sound equipment shall be used for adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, "Go-Go" entertainment business, massage parlor, sex club, or tattoo parlor as defined herein.

(vii)

No building, premises, structure or other facility that contains any sexually oriented business shall contain any other kind of sexually oriented business, regardless of the provisions of Subsection b, 2(j)(3)(i)[f] of this subsection.

(viii)

The lighting on the inside and the outside of the building must be approved by the Township Engineering Department.

(ix)

There must be security personnel and procedures on the premises and in effect during all business hours. All such procedures and personnel must be approved in advance by the Chief of Police.

(x)

The sexually oriented business must provide off-street parking spaces at a ratio of one space for every three seats or one space for every 30 square feet in the entire establishment (kitchen, storage, etc.), whichever is greater.

(5)

Use Regulations.

(i)

No person under the age of 18 shall be permitted into any sexually oriented business premises at any time for any purpose. A sign conspicuously posted shall give notice of this regulation.

(ii)

The sexually oriented business must close no later than 12:00 a.m. and remain closed until 11:00 a.m. the same day, on weekdays and Saturdays. All sexually oriented business shall be closed on Sundays.

(iii)

No smoking is permitted in any sexually oriented business. No consumption of alcoholic beverages is permitted at any time in any sexually oriented business.

(iv)

The operation of a sexually oriented business must not be a disturbance to the public, create a nuisance or contribute to loitering by individuals outside the premises including patrons waiting to enter.

(v)

Any dancing that takes place at a sexually oriented business must take place on a platform or stage at least 20 feet from the sitting area for patrons. The platform or stage must have at least 50 square feet for each performer and no more than three persons may be performing at any one time. There shall only be one platform or stage in each establishment and it must be structurally sound and inspected by the Construction Official. Permanent stairs constructed in accordance with law must be installed to the platform or stage.

(6)

Enforcement.

(i)

Except as otherwise provided by State statute, any person violating any provision of this Subsection (j), upon conviction, is punishable by a fine to be prescribed by Resolution. In no event shall any person violating this Subsection (j), upon conviction, receive a fine below the amount prescribed by Resolution. In addition, the Township may authorize the Law Department to file an action in any court of competent jurisdiction to remove or abate any violation of this ordinance.

(ii)

Each day a sexually oriented business is operating in violation of any provision of this ordinance shall be deemed a separate offense under this Subsection j.

(k)

Check Cashing Facility. Check cashing facilities shall be permitted in the OB-1 Central Business District Overlay Zone as a conditional use but only after the following requirements are satisfied:

(1)

Off-street parking spaces with a ratio of one space for every 20 square feet, and a minimum of 25 off-street parking spaces must be provided with a fifteen-minute parking limit to prevent loitering.

(2)

The lighting on the inside and outside of the facility must be approved by the Township Engineering Department. The lighting in the parking lot must be high enough in intensity to provide adequate security to patrons but shall be shielded as to not interfere with the neighboring properties.

(3)

The establishment shall have an interior vestibule with a double set of security doors operated by electronic signal for admittance.

(4)

All windows and teller booths shall be installed with one inch bullet-proof glass.

(5)

Security cameras shall be installed which provide interior and exterior surveillance.

(6)

An alarm system shall be installed and connected directly to the West Orange Police Department with a panic button in each teller booth.

(7)

There must be security personnel and procedures on the premises and in effect during all business hours. All such procedures and personnel must be approved in advance by the West Orange Police Department.

(8)

The establishment shall close no later than 6:00 p.m. and open no earlier than 6:00 a.m.

(l)

Motor Vehicle Sales Establishment.

(1)

The minimum lot area shall be 40,000 square feet.

(2)

The minimum lot width shall be 200 feet.

(3)

The minimum front yard shall be 50 feet.

(4)

The minimum side yards shall be 20 feet and 20 feet.

(5)

The minimum rear yard shall be 50 feet.

(6)

The display or sale of motor vehicles outside the confines of a building shall only be permitted in compliance with the following requirements:

(i)

The area devoted to such use shall not be larger than the gross floor area of the principal building in which the primary or predominant use is conducted.

(ii)

The area devoted to such use shall be surfaced with an asphalt, bituminous or cement binder pavement which shall be graded and drained to dispose of all surface water.

(iii)

Any lighting in connection with such use shall be so arranged and shielded as to reflect the light downward away from all adjoining streets or buildings and shall comply with the lighting standards contained in this section.

(iv)

The area permitted for the use shall at all times be clearly and legibly marked on the required paved surface.

(v)

The use shall be permitted in the front, side and rear yards provided the use is not closer than 20 feet from the front street right-of-line nor 10 feet from any side or rear property line. If the use abuts a residential zone, no part of the use shall be nearer than 15 feet to the residential zone boundary line.

(m)

Mixed-use Development. A mixed-use development shall be permitted as a conditional use in a B-1 and B-2 District subject to the following conditions:

(1)

Permitted uses on the ground floor of a mixed-use development shall include the following permitted uses in the B-1 and B-2 Districts: retail store, personal service store or studio, office, business or vocational school, restaurant, bar, massage, bodywork or somatic therapy establishment, and fitness center/health club.

(2)

One or more dwelling units shall be permitted on the upper floor(s) above any of the permitted ground floor uses in § 25-24.2b2(m)(1).

(3)

Access to upper floor uses shall be provided by means of a separate entrance than provided for ground floor uses.

(4)

Minimum lot area shall be 5,000 square feet, and the minimum street frontage of such lot shall be 50 feet.

(n)

Microbreweries, craft distilleries and wineries. Microbreweries, craft distilleries and wineries shall be permitted as a conditional use in an I, P-C, B-1 and B-2 Zoning District subject to the following conditions:

(1)

Sampling room and retail sales. A microbrewery, distillery or winery shall provide a sampling room and retail sales area where product shall be sold to consumers and where samples shall be offered.

(2)

Street frontage. Warehousing of materials or product or offices ancillary to the microbrewery, distillery or winery shall not occupy any street frontage. In addition, at least 50% of the street frontage of the tenant space shall be occupied by the sampling room and retail sales area.

(o)

Licensed Cannabis Entities. Licensed Cannabis Retailers and Licensed Medical Cannabis Dispensaries shall be permitted as a conditional use in the B-1, B-2, and I Districts. All other Licensed Cannabis Entities shall be permitted as a conditional use in the I Districts. These conditional uses shall be subject to the following conditions:

(1)

The Licensed Cannabis Entity shall be required to have a Local License pursuant to Chapter 5, Section 5-34 of the Township of West Orange Municipal Code.

(2)

No Licensed Cannabis Entity, except a Pre-Approved Entity at its originally approved location, shall be located within five hundred feet (500') of the property line of any property with any school building.

(3)

No Licensed Cannabis Entity, except a Pre-Approved Entity at its originally approved location, shall be located within 500 feet (500') from the property line of any property with a House of Worship, as defined under Chapter 25, Section 25-4.

(4)

All Licensed Cannabis Entities shall comply with the following Parking Requirements for Nonresidential Uses: (i) Licensed Cannabis Retailers shall comply with the minimum required number of parking spaces for Retail Stores and personal services stores or studios not separately listed; and (ii) all other Licensed Cannabis Entities shall comply with the minimum required number of parking spaces for Light industrial, laboratory and research uses, except that a Cannabis Cultivator or Cannabis Manufacturer with no more than ten (10) employees shall provide at least one (1) total parking space per 1,000 square feet of gross floor area.

(5)

No Licensed Cannabis Entity shall be housed in a vehicle or any movable or mobile structure.

(6)

No Licensed Cannabis Entity shall be allowed to operate as a Home Occupation.

(7)

Any signage for a Licensed Cannabis Entity shall be subject to the approval from either the Planning Board or the Zoning Board of Adjustment under the guidelines and standards governing commercial signs as set forth within the Township Municipal Code.

(8)

A Licensed Cannabis Entity shall meet all of the required security measures as set forth in Chapter 5, Section 5-34 of the Township of West Orange Municipal Code.

(9)

Cannabis Consumption Areas, as defined in the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31, et. seq., shall be prohibited from all Licensed Cannabis Entities.

(p)

100% Affordable/Inclusionary Senior Citizen Housing. Housing intended for, and solely occupied by, persons 62 years of age or older, which provides affordable housing units and which has significant facilities and services specifically designed to meet the physical or social needs of older persons, shall be permitted as a conditional use in the OB-2 District. This conditional use shall be subject to the following conditions:

(1)

A development may be 100% affordable or may be an inclusionary development. If a development is to be inclusionary, the following minimum set-aside of affordable housing units shall be provided:

(i)

Fifteen percent of rental units shall be affordable senior rental units.

(ii)

Twenty percent of for-sale units shall be affordable senior units.

(2)

A library and/or community center may be provided within a 100% affordable/inclusionary senior citizen housing development.

(3)

The following accessory uses shall be permitted:

(i)

Health, wellness, and support service offered in conjunction with senior citizen housing.

(ii)

Office.

(iii)

Parking, including parking structures.

(iv)

Signage.

(v)

Green roof.

(vi)

Roof-mounted solar photovoltaic panels.

(vii)

Other uses customarily incidental to the principal use.

(4)

The following bulk standards shall apply:

(i)

Minimum setback to Mt. Pleasant Avenue: 40 feet to the curbline.

(ii)

Minimum setback to Gaston Street: 25 feet to the right-of-way.

(iii)

Minimum setback to Block 68, Lot 18: 10 feet.

(iv)

Minimum setback to Block 67, Lot 1: zero feet.

(v)

Minimum setback to any other property line: zero feet.

(vi)

Maximum habitable building height: six habitable floors. Architectural features such as pitched roofs, gables, domes, steeples, etc., shall be permitted. Projections for roof equipment shall be permitted, provided they are screened with a solid or decorative shield and do not exceed 15 feet in height above the roof deck.

(vii)

Maximum residential gross density: 50 units per acre.

(viii)

Maximum lot (impervious) coverage: 80%. Building area with a green roof shall not be considered impervious coverage.

(5)

Minimum parking requirements. The Residential Site Improvement Standards (RSIS N.J.A.C. 5:21) indicates that a "retirement community" shall have a parking requirement commensurate with the most appropriate housing type that the facility resembles. For reference, "assisted-living" facilities require 0.50 parking spaces per dwelling unit and "high-rise" apartments have a requirement of 0.8 spaces per one-bedroom unit and 1.3 spaces per two-bedroom unit. In order to balance the likely parking demand, land available, and access to other modes of transportation, the following parking requirements shall apply, which require a de minimis exception from RSIS:

(i)

Studio/one-bedroom unit: 0.8 spaces per unit.

(ii)

Two-bedroom unit: 1.25 spaces per unit.

West Orange City Zoning Code

§ 25-24.2