A.
The regulations in this article set forth the standards which shall
be used by the Planning Board in reviewing application for conditional
uses. The uses to be considered conditional uses in each zoning district
are set forth in the use regulations for each district.
B.
The general standards for the review of all conditional uses shall
be as follows:
(1)
The Planning Board shall first determine that the proposed use shall
not be detrimental to health, safety and welfare of the community;
that the proposed use shall be reasonably necessary for the convenience
of the community; that the proposed use shall not create a fire, traffic
or safety hazard; and that the proposed use or structure shall not
have an adverse effect on the neighborhood in which it is proposed.
(3)
Where nonresidential structure or parking, loading or recreation
areas adjoin a residential use or residential zone, there shall be
a minimum ten-foot-wide, six-foot-high landscaped strip adjoining
the residential lot line or a semitransparent fence that is a minimum
of five feet tall and maximum of six feet tall. Such fence shall be
20% to 30% transparent, and chain-link fencing of any type is not
permitted.
(4)
The use shall provide safe and efficient vehicular and pedestrian
circulation with ingress and egress designed to eliminate any traffic
safety hazards entering and exiting the site and shall be so designed
as not to cause traffic congestion on abutting streets.
The standards for conditional uses permitted in all districts
shall be as follows:
A.
Public utility installations.
(1)
The proposed installation shall meet all the requirements of the
New Jersey Board of Public Utilities and its successors.
(2)
The proposed installation shall harmonize with the character of the
neighborhood in which it is proposed and shall have adequate fencing,
safety devices, screening, landscaping and front, rear and side yard
setbacks to protect adjoining properties.
(3)
Adequate off-street parking shall be provided to serve all employees
and service personnel visiting the installation.
(4)
Ingress and egress shall be designed so as not to produce a traffic
safety hazard and so as not to cause traffic congestion on the abutting
streets.
B.
For any permitted use exceeding a floor area of 50,000 square feet,
lot size of two acres or more, 50 dwelling units or more, or parking
for 100 cars or more: The proposed use shall meet the standards set
forth elsewhere in this article and this chapter. In addition, the
Planning Board shall determine that the size and intensity of the
use shall not create an adverse impact on surrounding properties or
uses in terms of traffic congestion, health and safety hazards, maintenance
of property values and preserving the character of surrounding development.
C.
The standards most closely approximating the use and location of
a conditional use subject to a use (d) variance shall always apply
in addition to the requirements of the use (d) variance.
In districts where conditionally permitted, personal wireless
telecommunications facilities (PWTFs) and personal wireless telecommunications
equipment facilities (PWTEFs) shall be subject to the following standards:
A.
Location standards.
(1)
Locational priority. If needed in accordance with an overall comprehensive
plan for the provision of full wireless communications service within
the East Orange community, PWTFs and PWTEFs shall be permitted as
a conditional use at locations within the zoning district in order
of priority established in this section. If a similar level of wireless
telecommunications services is able to be provided at a location with
a higher priority in another zoning district, the facilities shall
be required to be located in the zoning district with the higher priority
locations.
(a)
The first priority location shall be lands or structures owned
by the City of East Orange;
(b)
The second priority location shall be on lands or structures
owned by the East Orange School District;
(c)
The third priority location shall be co-location on existing
PWTFs (or existing water tanks), provided that the new installation
does not increase the height by more than 10%; and
(d)
The fourth priority location shall be such locations as the
applicant proves are essential to provide required service to the
East Orange community.
(2)
Co-location policy.
(a)
The Administrative Officer shall maintain an inventory of existing
PWTF locations within or near the East Orange community.
(b)
An applicant proposing a PWTF at a new location shall demonstrate
that it made a reasonable attempt to find a co-location site acceptable
to engineering standards and that none was practically or economically
feasible.
(c)
Each applicant for a PWTF shall be accompanied by a plan which
shall reference all existing PWTF locations in the applicant's City
of East Orange inventory, any such facilities in the abutting towns
which provide service to areas within the City of East Orange, any
changes proposed within the following twelve-month period, including
plans for new locations and the discontinuance or relocation of existing
facilities.
(d)
Each application shall include a site location alternative analysis
describing the location of other sites considered, the availability
of those sites, the extent to which other sites do or do not meet
the provider's service or engineering needs, and the reason why the
subject site was chosen. The analysis shall address the following
issues:
[1]
How the proposed location of the PWTF relates to the objective
of providing full wireless communication services within the City
of East Orange at the time full service is provided by the applicant
throughout the City of East Orange.
[2]
How the proposed location of the proposed PWTF relates to the
location of any existing antennas within and near the City of East
Orange.
[3]
How the proposed location of the proposed PWTF relates to the
anticipated need for additional antennas within and near the City
of East Orange.
[4]
How the plan specifically relates to and is coordinated with
the needs of all other providers of wireless communication services
within the City of East Orange.
(3)
The reviewing board may retain technical consultants as it deems
necessary to provide assistance in the review of the site location
alternatives analysis. The service provider shall bear the reasonable
cost associated with such consultation, which cost shall be deposited
in accordance with the City's escrow provisions.
B.
Development standards.
(1)
The PWTF project design is required to be structurally sound. The
antenna project is to be certified to not create any hazard to the
general public and any inhabitants or occupants of the site in question
or any sites in the vicinity thereof.
(2)
The PWTF project, including mountings, wiring and equipment placed
on structures including buildings or structures other than buildings,
shall be camouflaged in a manner deemed appropriate by the reviewing
board. This includes mountings on billboards or other existing nonbuilding
structures.
(3)
Any PWTF installation on a structure that is or was constructed exclusively
for the mounting of antennas, such as a tower, shall meet the following
requirements for the antennas and the structure, and the installation
is only permitted in the Industrial District by conditional use:
(a)
The structure shall not exceed a height of 100 feet unless it
can be demonstrated by the applicant, to the satisfaction of the reviewing
board, that a higher height is necessary for the proposed installation
of the PWTF(s) to satisfactorily operate and is necessary for the
co-location of at least three other carriers on the tower.
(b)
The structure and site shall only be permitted in the Industrial
District, and they must be at least 500 feet from any residential
district boundary; commercial district boundary; a school; a historic
district; a public park; or a house of worship. Such structure must
also be out of view from any historic district or school.
(c)
All electronic equipment for such PWTFs shall be kept inside
a structure on the same site as the PWTF structure. This housing structure
shall be less than 15 feet tall; have walls of wood siding, brick
or any other material accepted by the reviewing board as a typical
construction material appropriate for the section of East Orange in
which it is proposed.
(d)
The site must be landscaped with densely planted, mature evergreens
that are a minimum of 15 feet tall to screen all structures, including
equipment storage buildings and tower bases, to the greatest extent
possible from public view and fenced by means of a concealing fence
constructed of a long-lasting material acceptable to the reviewing
board, such as PVC pickets, brick wall, or board and batten panels;
and the equipment housing structure shall have less than 360 square
feet of floor area per telecommunications operator. Chain-link fencing
of any form even with privacy slats shall not ever be used.
(e)
Structures for elevating PWTFs above ground level, as well as
the PWTF units, wiring, mounting devices, and accompanying hardware,
shall be designed to blend with the surrounding area's architecture,
environment and landscaping through the use of structure coloring
and camouflaging to disguise the PWTF for the public's aesthetic benefit.
The reviewing board shall determine whether appropriate attempts have
been made to blend the structure and its features with the surrounding
areas. Appropriate camouflage could include designing the tower to
resemble a tree, church steeple, or other like structure.
(f)
The structure shall not have any lighting or signage other than
safety warnings and lighting that would be required by the FAA. In
such case, strobe lighting shall never be used unless specifically
required by the FAA.
(g)
The applicant shall be responsible for all maintenance of its
PWTF's additional hardware, accompanying landscaping, camouflage,
paint, cables, cable trays, conduits and mounting hardware.
(4)
Any PWTFs proposed to be mounted on an existing building or structure
not initially constructed for the mounting of PWTFs shall meet the
following requirements:
(a)
PWTFs may only be mounted on a structure that is taller than
55 feet, and they may only be mounted on the part of the structure
that is higher than 45 feet above grade. In the event that there is
no structure of that height within the applicant's needed coverage
area, the applicant must present evidence of such to the reviewing
board in order to gain approval to use a lower-height structure.
(b)
No PWTF shall be mounted higher than the building parapet, stair
or elevator shaft/penthouse, chimney, smokestack or other part of
the structure upon which it is being mounted. The only exception to
this shall apply when the applicant can provide evidence to the reviewing
board that appropriate broadcasting and reception service is not possible
without a higher mounting configuration such as a mounting on poles
or posts. In such cases, the PWTF units must be set back at least
eight feet from the exterior edge of the part of the building upon
which they are being mounted; the PWTFs and poles and other mounting
hardware must be mounted on a flat surface, and the mountings cannot
be more than 12 feet tall measured from the edge of the surface upon
which they are being mounted.
(c)
Wall-mounted PWTFs cannot project horizontally beyond the wall
upon which they are being mounted by more than one foot, and they
cannot project beyond the site's property line.
(d)
All PWTF units and accompanying infrastructure must be painted
to match any vertical surface upon which they are being mounted. Any
mounted units projecting above the building on which they are mounted
shall be painted light blue. A color sample (six copies) shall be
provided as part of the application. The exact color must be approved
by the reviewing board. The applicant must maintain the painting and
pigmentation for the duration of the PWTF's existence, and the PWTF
units must be removed if the appearance of the units is not properly
maintained.
(e)
Antennas must be spaced and positioned on the building in such
a way as not to interfere with that wall's architectural design or
its decorative features. Antennas must be mounted in such a way that
they are evenly spaced along the building's wall and they are evenly
spaced from corners or other building features such as windows, brackets
or decorative panels. The reviewing board must determine that the
antennas are being spaced in a pattern that does not disrupt any repetitive
patterns of any wall's or parapet's decorative bracketing, paneling
or window placement. All applicants must submit detailed facade drawings
and photographs of all building views being affected by the PWTF installation.
(f)
All wiring and/or cable tray devices must be positioned in such
a way as not to be visible to the public, unless determined by the
reviewing board that there is no possible position for the wire tray
to not be visible to the public. The applicant may use external wiring
only if he can provide evidence to the central Planning Board that
wiring through the building is not possible for structural reasons.
If external wiring is to be used, it can only be mounted on outside
walls that are not visible from any public street, park or plaza.
Such wiring and/or wire trays must be painted to match the wall surface
upon which they are being mounted and must be mounted at an area so
as not to interfere with the architectural features of the building.
In the instance that the building upon which antenna mounting being
proposed does not have any wall area that is not visible from a public
street, park or plaza, wiring must be mounted on the wall that is
visible from the street with the least vehicular and pedestrian traffic.
(g)
All equipment must be kept inside the building where the PWTF project is proposed to be conducted. If this is not possible, the applicant must present reasoning for this to the reviewing board, and the equipment must then be placed inside a structure to be placed on a flat part of the building's roof. The equipment structure must be no taller than 15 feet, set back at least four feet from all front or side edges of the roof or any other roof edge that fronts directly on a public street, built of an exterior construction material with the same appearance as the exterior walls of the building, and it must have no more than 360 square feet of floor area. If equipment were to be placed outside the building or off the roof, it shall be enclosed in accordance with § 51-119B(3)(c).
C.
Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance (see Chapter 184, Noise Pollution), except for in emergency situations requiring the use of a backup generator.
D.
Radio frequency emissions. The FTT gives the FCC sole jurisdiction
of the field of regulation of radio frequency (RF) emission, and PWTFs
which meet the FCC standards shall not be conditioned or denied on
the basis of RF impacts. Applicants shall provide current FCC information
concerning PWTFs and radio frequency emission standards. PWTFs shall
be required to provide information on the projected power density
of the proposed facility and how this meets the FCC standards.
E.
Structural integrity. PWTFs must be constructed to the Electronic
Industries Association/Telecommunications Industry Association (EIA/TIA)
222 Revision F Standard entitled "Structural Standards for Steel Antenna
Towers and Antenna Supporting Structures" (or equivalent), as it may
be updated or amended.
F.
Maintenance. PWTFs shall be maintained to assure their continued
structural integrity. The owner of the PWTF shall also perform such
other maintenance of the structure and of the site as to assure that
it does not create a visual nuisance.
G.
Additional site plan submission requirements. In addition to the
applicable documentation and items of information required for site
plan approval, the following additional documentation and items of
information are required to be submitted to the Planning Board for
review and approval as part of the site plan submission:
(1)
All site plan details required by the City's Site Plan Ordinance[1] shall be provided and, in addition, shall include the
site boundaries; proposed tower location; existing structures, including
accessory structures; existing and proposed ground-mounted equipment;
vehicular parking and access; uses, structures and land use designations
on the site and abutting parcels; and the setback distance between
the proposed tower and the nearest residential unit, adjacent properties
and other towers.
(2)
In the case of an antenna mounted on an existing tower, structure
or building, the proposed method of affixing the antenna to the structure
or building, complete details and scaffold drawings of all fixtures
and couplings, and the precise point of all attachments shall be indicated.
(3)
Documentation by a qualified expert regarding the capacity of any
proposed PWTF for the number and type of antennas.
(4)
Documentation by a qualified expert that any proposed PWTF will have
sufficient structural integrity to support the proposed antennas and
the anticipated future co-located antennas and that the structural
standards developed for antennas by the Electronic Industries Association
(EIA) and/or the Telecommunications Industry Association (TIA) have
been met.
(5)
A letter of intent by the applicant, in a form which is reviewed
and approved by the Office of Corporation Counsel, indicating that
the applicant will share the use of any PWTF with other approved providers
of wireless communication services.
(6)
A visual impact study, graphically simulating through models, computer-enhanced
graphics, or similar techniques, the appearance of any proposed tower
and indicating its view from at least five locations around and within
2,000 feet of the proposed PWTF where the PWTF will be most visible.
Aerial photographs of the impact area shall also be submitted. Both
existing condition and proposed after-condition will be required for
each view.
(7)
A landscape plan drawn to scale generally showing proposed landscaping,
including species type, size, spacing, other landscape features and
existing vegetation to be retained, removed or replaced. In the case
of a tower, year-round evergreen screening to effectively screen the
tower base and equipment buildings and compound; screening to minimize
impact of the tower from nearby residential properties; and screening
to minimize impact on scenic views identified in the visual impact
study.
(8)
A determination that the proposed PWTF will not affect navigable
airspace pursuant to the Federal Aviation Administration (CFR Title
14 Part 77.13).
(9)
Where new towers or replacements are proposed, a report by a licensed
professional engineer shall be submitted that shall include:
(a)
A detailed description of the proposed facility, tower, antennas,
equipment compound, structures and associated equipment, including
height, design, features, access road and power lines, if any.
(b)
A map (1:100,000 scale) showing the extent of planned coverage
for the PWS within the City and the location and service of applicant-operated
facilities.
(c)
Plan and elevation drawings showing the proposed tower, antennas
and their associated equipment. The plan shall have a scale no smaller
than one inch equals 40 feet,
H.
Removal of abandoned PWTFs.
(1)
The owner or operator of a tower shall provide to the Director of
Public Works a report every two years from a licensed professional
engineer certifying the structural integrity of the tower or structure,
together with all antennas mounted thereon and whether they remain
in use, and that they meet applicable minimum safety requirements.
Such report shall also be provided whenever the antenna(s) is modified
and shall include a detailed listing of all antennas and equipment
so certified. Vendors shall also be required to notify the Director
of Public Works when the use of such antennas and equipment is discontinued.
(2)
Any PWTF that is not operated for a continuous period of 12 months
shall be considered abandoned. If there are two or more users of a
single PWTF, then the abandonment shall not become effective until
all users cease using the PWTF for a continuous period of 12 months.
The owner of such PWTF shall remove same within 90 days of notice
from the Administrative Officer that the PWTF is abandoned. If such
PWTF is not removed within said 90 days, the municipality may remove
such PWTF at the property owner's expense.
(3)
Upon removal, the site shall be cleaned, restored and revegetated
to blend with the existing surrounding vegetation at the time of approval.
The facility owner shall post a bond to cover the cost of tower removal
and site restoration prior to its removal. The amount of the bond
shall be calculated to account for cost escalations.
(4)
If the facility is to be retained, the provider(s) shall establish
that the facility will be reused within one year of such discontinuance.
If a facility is not reused within one year, a demolition permit shall
be obtained and the facility removed. At the discretion of the Administrative
Officer, upon good cause shown, the one-year reuse period may be extended
for a period not to exceed one additional year.
I.
Nonconforming PWTFs. PWTFs in existence on the date of the adoption
of this chapter which do not comply with the requirements of this
chapter (nonconforming PWTFs) are subject to the following provisions:
(1)
Nonconforming PWTFs may continue in use for the purpose now used
but may not be expanded without complying with this chapter.
(2)
Nonconforming PWTFs which are partially damaged or destroyed due
to any reason or cause may be repaired and restored to their former
use, location and physical dimensions subject to obtaining a building
permit therefor, but without otherwise complying with this chapter.
If this destruction is greater than partial, then repair or restoration
will require compliance with this chapter.
(3)
The owner of any nonconforming PWTF may repair, rebuild and/or upgrade
(but not expand such PWTF or increase its height or reduce its setbacks)
in order to improve the structural integrity of the facility, to allow
the facility to accommodate co-located antennas or facilities, or
to upgrade the facilities to current engineering, technological or
communications standards, without having to conform to the provisions
of this chapter.
In districts where conditionally permitted, public and private
schools shall be subject to the following standards:
A.
Minimum lot size: one acre.
B.
Minimum lot width: 150 feet.
C.
Minimum lot depth: 150 feet.
D.
Minimum front yard: 25 feet.
E.
Minimum side yard: 15 feet.
F.
Minimum rear yard: 10 feet.
G.
Maximum height: three stories or 35 feet.
H.
Maximum coverage: 50%.
I.
The proposed school shall offer a curriculum generally or specifically
meeting the requirement for public education for grades kindergarten
through 12th grade or any part thereof.
J.
The proposed school shall meet the site, location and educational
requirements of the New Jersey Department of Education.
In districts where conditionally permitted, houses of worship
and related accessory uses shall be subject to the following standards:
A.
Minimum lot size: 20,000 square feet.
B.
Minimum lot width: 100 feet.
C.
Minimum lot depth: 100 feet.
D.
Front yard: 20 feet.
E.
Side yard: 15 feet.
F.
Rear yard: 10 feet.
G.
Height: three stories or 35 feet.
H.
Coverage: 35%.
I.
No building or part thereof designed and built for storefront-type
retail use or residential use may be used as a house of worship, club
or charitable or philanthropic institution.
J.
No building or part thereof designed and built for business, office,
retail or other commercial use may be used as a house of worship,
club or charitable or philanthropic institution.
Home occupations are conditionally permitted within any residence,
subject to the following standards:
A.
No person other than members of the family residing on the premises
plus one outside employee shall be engaged in the home occupation.
B.
The home occupation shall be conducted entirely within the principal
dwelling structure.
C.
The use of the dwelling structure for the home occupation shall be
clearly incidental and subordinate to its use for residential purposes
by its occupants, and not more than 25% of the gross floor area of
the principal dwelling structure, not including the cellar or basement,
shall be used for the home occupation.
D.
No commercial vehicle shall be kept on the premises in connection
with the home occupation.
E.
The dwelling structure shall have no external evidence of a nonresidential
use other than a small nameplate sign not exceeding one square foot
in area, and no display of products shall be visible from the street.
F.
No traffic or parking shall be generated in excess of three passenger
automobiles in addition to those used by the owner, all of which must
be parked off the street in properly designed spaces in the side or
rear yards.
G.
There shall be no direct retail sale of goods upon the premises.
H.
No mechanical or electrical equipment shall be used that will be
detectable to the normal senses or that will create electrical or
radio interference.
I.
There shall be no nuisance element detectable beyond the principal
structure in connection with the home occupation.
In districts where conditionally permitted, clubs, charitable
or philanthropic institutions, except as prohibited, shall be subject
to the following standards:
A.
Minimum lot size: 20,000 square feet.
B.
Minimum lot width: 100 feet.
C.
Minimum lot depth: 100 feet.
D.
Front yard: 20 feet.
E.
Side yard: 15 feet.
F.
Rear yard: 10 feet.
G.
Height: three stories or 35 feet.
H.
Coverage: 35%.
I.
No building or part thereof designed and built for storefront-type
retail use or residential use may be used as a house of worship, club
or charitable or philanthropic institution.
J.
The operation of penal institutions, hospitals, clinic or facilities
for the care or treatment of mental illnesses, contagious disease
and alcohol or drug addicts shall be prohibited under this conditional
use.
In districts where conditionally permitted, commercial service
facilities within a multifamily structure shall be subject to the
following standards:
A.
The entrance to the commercial service facilities shall be from an
interior public area of the building.
B.
Any outdoor sign relating to the commercial use shall be a facade
sign only and shall not be more than eight square feet in area.
C.
Sufficient parking shall be provided for the commercial service facility
in accordance with this chapter, in addition to the normal requirements
for the multifamily structure.
In districts where conditionally permitted, drive-in facilities
shall be subject to the following standards:
A.
Lot size, lot width, lot depth, yard requirements, buffers, height
and coverage shall be as per the requirements of the permitted use
in the districts where permitted.
B.
All operations connected with the proposed use, including the lining
up of waiting vehicles, shall take place within the confines of the
proposed site. Provision shall be made for egress from the site from
one alternate means in addition to the termination of the drive-in
line.
C.
The noise levels at the boundary of the lot shall not exceed in intensity
and frequency the noise of street traffic at the adjoining street
or streets.
In districts where conditionally permitted, private commercial
parking lots and structures not accessory to a permitted use shall
be subject to the following standards:
In districts where conditionally permitted, accessory parking
areas and structures not on the same lot as the principal use shall
be subject to the following standards:
A.
Minimum lot size: 7,500 square feet.
B.
Minimum lot width: 75 feet.
C.
Minimum lot depth: 100 feet.
D.
No parking shall extend any closer than five feet to any lot line.
E.
The owner of the principal use to which the parking area is accessory
shall demonstrate that he owns the property designated for accessory
parking use or that he has a lease to rent the property for accessory
parking use, which lease shall extend for at least 10 years.
In districts where conditionally permitted, car sales lots shall
be subject to the following standards:
A.
Minimum lot size: 20,000 square feet.
B.
Minimum lot width: 150 feet.
C.
Minimum lot depth: 100 feet.
D.
Maximum coverage by structure: 20%.
E.
Maximum height of structure: one story or 20 feet.
F.
Driveways and parking areas shall be set back at least five feet
from any property line.
G.
No string lighting shall be permitted.
H.
Parking: one space per 2,000 square feet of lot area.
In districts where conditionally permitted, gasoline stations
and facilities for auto, truck or trailer rental shall be subject
to the following standards:
A.
Minimum lot size: 20,000 square feet.
B.
Minimum lot width, including any lot side which permits access: 150
feet.
C.
Minimum lot depth: 100 feet.
D.
Maximum coverage by structure: 20%.
E.
Maximum height of structure: one story or 20 feet.
F.
Minimum distance of buildings from all property lines other than
street lines: 25 feet.
G.
Minimum setback from all street lines: 60 feet.
H.
Minimum distance between any building, including accessory use, and
any residential district: 50 feet.
I.
Minimum distance between structure of any service station and/or
repair garage and another service station or repair garage or those
for which a building permit has been issued: 300 feet, measured along
the same street line in the same or adjoining block. For similar use
establishment located on opposite sides of the street, the point of
beginning measurement shall be offset to the opposite street.
J.
Such use shall not be located within 1,000 feet of the property line
of any of the following uses (measured along street right-of-way lines):
a public or private school, a public or private park or playground,
a hospital, a house of worship, any place of public assembly or a
fire station or any existing gasoline station or facility for auto,
truck or trailer rental.
K.
Minimum distance between gasoline pump islands, compressed air connection
and any street lines: 25 feet.
M.
Hydraulic hoists, pits and all lubrication, greasing, washing and
repair equipment shall be entirely enclosed within buildings.
N.
Exterior lighting shall be shielded so that it is deflected away
from adjacent properties and from passing motorists.
O.
Wrecked, junked or stripped vehicles or vehicles in an inoperative
condition shall not be permitted.
P.
Noise levels at the boundary of the lot shall not exceed in intensity
and frequency the noise of street traffic in the adjoining street
or streets.
Q.
A buffer not less than six feet in width shall be provided where
this use abuts a side or rear lot line of a residential lot or use.
The buffer shall consist of suitable landscape materials to be maintained
at a height of at least six feet and shall be of a density to effectively
shield the use year-round. A solid fence or wall may be used in combination
with plant materials to provide a dense screen.
In districts where conditionally permitted, car washes (auto
laundries) shall be subject to the following standards:
A.
Minimum lot size: 20,000 square feet.
B.
Minimum lot width: 150 feet.
C.
Minimum lot depth: 100 feet.
D.
Maximum coverage by structure: 25%.
E.
Maximum height of structure: one story or 20 feet.
F.
Minimum yard requirements: structure shall be 25 feet from any street
line; 15 feet from any property line.
G.
All operations connected with the proposed use, including the lining
up of waiting vehicles, shall take place within the confines of the
proposed site.
H.
The noise at the boundary of the lot shall not exceed in intensity
and frequency the noise of street traffic at the adjoining street
or streets.
In districts where conditionally permitted, auto repair garages,
body shops and auto painting shall be subject to the following standards:
A.
Minimum lot size: 10,000 square feet.
B.
Minimum lot width, including any lot side which permits access: 100
feet.
C.
Minimum lot depth: 100 feet.
D.
Maximum coverage by structure: 60%.
E.
Maximum height of structure: two stories or 25 feet.
F.
Minimum distance of buildings from all property lines other than
street lines: 25 feet.
G.
A maximum of three cars may be offered for sale, subject to the following
provisions:
(1)
A State of New Jersey used car dealer's license shall be displayed.
(2)
The title of the vehicle shall be in the proprietor's possession.
(3)
A storage area must be provided and shown on a minor site plan which
shall be submitted to the Administrative Officer for review and approval
by the Minor Subdivision and Site Plan Subcommittee.
In districts where conditionally permitted, funeral homes shall
be subject to the following standards:
A.
Minimum lot size: 20,000 square feet.
B.
Minimum lot width: 150 feet.
C.
Minimum lot depth: 100 feet.
D.
Minimum front yard requirements: 20 feet; except in the INST Zone,
where the front yard setback shall be equal to the average setback
of buildings within 200 feet on either side.
E.
Maximum height: 2 1/2 stories or 35 feet.
F.
Maximum coverage: 35%.
In districts where conditionally permitted, theaters shall be
subject to the following standards:
A.
Minimum lot size: 20,000 square feet.
B.
Minimum lot width: 150 feet.
C.
Minimum lot depth: 150 feet.
D.
Minimum front yard requirements: zero feet.
E.
Minimum side yard: 15 feet each.
F.
Minimum rear yard: 10 feet.
G.
Maximum height: 2 1/2 stories or 35 feet if a detached structure;
permitted as part of a taller structure.
H.
Maximum coverage: 35%.
In districts where conditionally permitted, veterinary establishments
shall be subject to the following standards:
A.
Minimum lot size: 10,000 square feet.
B.
Minimum lot width: 100 feet.
C.
Minimum lot depth: 100 feet.
D.
Minimum front yard requirements: zero feet.
E.
Minimum side yard: 10 feet each.
F.
Minimum rear yard: 10 feet.
G.
Maximum height: 2 1/2 stories or 35 feet if a detached structure;
permitted as part of a taller structure.
H.
Maximum coverage: 35%.
In districts where conditionally permitted, retail factory outlets
and accessory commercial uses shall be subject to the following standards:
A.
The Planning Board shall determine that there is sufficient parking
to serve the retail factory outlet or commercial use as well as the
principal use.
In districts where conditionally permitted, hospitals of 50
beds or more, except those primarily for the care or treatment of
mental illnesses, contagious diseases and alcohol or drug addicts,
shall be subject to the following standards:
A.
Minimum lot size: two acres.
B.
Minimum lot width: 300 feet.
C.
Minimum lot depth: 200 feet.
D.
Front yard setback: 25 feet.
E.
Side and rear yard setback: 1/3 of the building height, but in no
case less than 10 feet.
F.
Height: determined by floor area ratio.
G.
Maximum coverage: 35%.
H.
Floor area ratio: 2.5.
I.
Such use shall be subject to all requirements of the State of New
Jersey relating to hospitals.
In districts where conditionally permitted, clinics of 10,000
square feet of floor area or more, except those primarily for the
care or treatment of alcohol or drug addicts shall be subject to the
following standards:
A.
Minimum lot size: 20,000 square feet.
B.
Minimum lot width: 150 feet.
C.
Minimum lot depth: 100 feet.
D.
Front yard setback: equal to the average setback of buildings within
200 feet on either side.
E.
Maximum height: six stories.
F.
Maximum coverage: 25%.
G.
Floor area ratio: 2.0.
H.
Such use shall be subject to all requirements of the State of New
Jersey relating to nursing homes.
In districts where conditionally permitted, child-care centers
shall be subject to the following standards:
A.
Minimum lot size: 15,000 square feet.
B.
Minimum lot width: 100 feet.
C.
Minimum lot depth: 100 feet.
D.
Front yard: equal to the average setback of buildings within 200
feet on either side.
E.
Side yard: 10 feet each.
F.
Rear yard: 10 feet.
G.
Height: 2 1/2 stories or 35 feet.
H.
Maximum coverage: 35%.
I.
Such uses shall be subject to compliance with all the requirements
of the State of New Jersey.
J.
Any outdoor play areas associated with child-care centers must be
secured, designed and located to assure child safety.
K.
There shall be an on-site queuing area for passengers capable of
holding at least four cars.
In districts where conditionally permitted, transitional residential
facilities shall be subject to the following standards:
A.
Minimum lot size: 5,000 square feet.
B.
Minimum lot width: 50 feet.
C.
Minimum lot depth: 100 feet.
D.
Front yard: equal to the average setback of buildings within 200
feet on either side.
E.
Side yard: 10 feet each.
F.
Rear yard: 20 feet.
G.
Height: 2 1/2 stories or 35 feet.
H.
Maximum coverage: 35%.
I.
Limit of three patients.
J.
There must be a professional supervisor in residence.
In districts where conditionally permitted, cemeteries shall
be subject to the following standards:
In districts where conditionally permitted, colleges and universities
shall be subject to the following standards:
A.
Minimum lot size: 25 acres.
B.
The Planning Board may vary the lot width, depth and yard requirements,
height, coverage and floor area ratio at the time of site plan review
as long as no college or university structure is located closer than
1/3 the building height or 25 feet to an adjoining residential lot
line or residential zoning district boundary, and provided that all
applicable landscaped buffer requirements are observed.
C.
Such use shall be subject to a written report from the East Orange
Fire Department and compliance with the recommendations of that report.
D.
Such uses shall be subject to compliance with all the requirements
of the New Jersey Department of Education.
In districts where conditionally permitted, community residences
for developmentally disabled and community shelters for victims of
domestic violence which house more than six residents excluding resident
staff shall be subject to the following conditions:
A.
Facility shall be located no closer than 1,500 feet of an existing
such residence or shelter.
B.
Adequate off-street parking shall be provided for residents, resident
staff and visitors.
C.
Residents at all such facilities within the City of East Orange shall
not exceed 0.5% of the total City population.
In districts where conditionally permitted, SCC and CCRC uses
shall be subject to the following standards:
In districts where conditionally permitted, taxi stands for
temporary parking of licensed and insured taxi, limousine and livery
car services may be established for loading and unloading of passengers
and their associated baggage on portions of public streets or facilities
or private areas if permitted by the owner, subject to the approval
of the Director of Public Works.
In districts where conditionally permitted, billboards may be
established as a principal use or as an accessory use to a principal
use that is not a billboard, and shall be subject to the following
standards:
A.
Billboards visible from state, interstate and limited access highways
shall be subject to approval by the New Jersey Department of Transportation
pursuant to N.J.A.C. 16:41C-1.1 et seq.
B.
No billboard shall be permitted to have a moving, changing or flashing
image by mechanical, digital or electronic means.
C.
No billboard shall be permitted to have video, digital or any other
form of electronic changing message.
D.
All billboards shall be shielded to prevent light from being directed
at any portion of the main traveled way of the street or highway or,
if not so shielded, be of such low intensity or brilliance as not
to cause glare or impair the operation of a motor vehicle, as determined
by the Director of Public Works.
E.
All billboards shall comply with the following additional regulations:
(1)
Billboards are to only be permitted in the Industrial District by
conditional use.
(2)
No such facility can be erected such that any part of the structure
is in or is positioned to be within the line of sight from any school,
park, historic district, historic structure, residentially zoned district
or redevelopment area.
(3)
No such facility can be erected within 1,000 feet (measured in a straight line) of the border with any facility or district listed in Subsection E(2) above.
(4)
No such facility shall exceed a height of 40 feet from grade at its
highest point for a freestanding unit or unit mounted on a building
wall. Any facility mounted on a building rooftop may not project more
than 20 feet above the height of the building's roof.
(5)
No trees or other landscaping features can be removed or substantially
reduced in size in any way to accommodate the visibility of the billboard.
(6)
No billboard shall be located closer than 1,000 feet (measured in
a straight line) from another such billboard.
(7)
No such facility shall be allowed to obscure or cover any building's
windows, doorways, architectural trim, nor shall it be located within
five feet of such a building feature.
(8)
The maximum permitted advertising area showing in one general direction
(within 45°) shall not exceed 650 square feet for a single billboard
or combination of billboards.
(9)
Visual impact on the surrounding areas shall be minimized through
the use of landscaping, berming and grading at the base of the unit.
Dense all-season or evergreen landscaping shall be installed at the
base of any freestanding billboard structure.
(10)
The billboard operator or owner shall comply with the Roadside
Sign Control and Outdoor Advertising Act, as contained in N.J.S.A.
27:5-5 et seq., as well as all other regulations, statutes or laws
relating to billboards.
(11)
Any existing billboard for which structural changes are made
must comply with all standards and conditions in this statute, or
the billboard must be removed.
(12)
All billboards must be properly maintained for safety and aesthetic
value. Any billboard facility that has signs of disrepair, including
but not limited to graffiti, rust, peeling paint, rotten wood, broken
supports or boards, or other signs of disrepair, for a period of more
than 30 days, is not being properly maintained and is defined to be
abandoned.
(13)
All billboard operators are required to comply with all other
ordinances and regulations that pertain to billboard licensure, placement
and operations.
(14)
Any application for conditional use review for a billboard must
include the same information as would be required for a site plan
review to be deemed complete.
In districts where conditionally permitted, health spa and therapeutic
massage uses shall be subject to the following standards:
A.
Facilities shall be designed and operated under the supervision of
a state-licensed massage, bodywork and somatic therapist.
