[Amended 11-4-2020 by Ord. No. 48-2020]
The Zoning Map hereinafter referred to is hereby declared to
be a part of this article. The zone boundary lines shown on the Zoning
Map are intended to coincide with property lines, the center lines
of streets, railroads or drainage courses as they existed at the time
of adoption of this chapter or as designated on the Zoning Map by
figures or dimensions. In case of uncertainty as to the location of
any zone boundary line, the determination thereof shall be by the
Board of Adjustment.
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R-1: One Family Residential Zone
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R-2: Urban One and Two Family Residential Zone
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R-3: Low Density Multi-Family Residential Zone
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R-4: Medium Density Multi-Family Residential Zone
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MX-1: Mixed Use Low Density Residential and Neighborhood Commercial
Zone
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MX-2: Mixed Use Medium Density Residential and Central Business
Zone
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MX-3: Mixed Use High Density Residential and General Commercial
Zone
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CBD: Central Business District
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RDV: Redevelopment Areas
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Open Space
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Cemetery
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TVO: Transit Village Overlay
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[Amended 11-4-2020 by Ord. No. 48-2020]
On the preceding City of Orange Zoning Maps, every area of the
city appears as a color that corresponds to one of the zones below.
This introduction to the zones provides a general overview of what
land uses and building types are permitted in each zone, the design
standards and the locations of each zone within the City.
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A. 
R-1: One Family Residential Zone. This zone is intended primarily
for single-family detached residential use on larger lots. This zone
encompasses the majority of the City's former AA zone.
This zone consists of the lowest density residential development
in the city. The purpose of this district is to maintain the low density
single family residential, uses like any commercial, high density
residential are not permitted.
B. 
R-2:
One and Two Family Residential Zone. This zone is intended
primarily for single-family detached residential, at a higher density
than the R-1 Zone, and two-family residential. The R-2 zone encompasses
areas in the northern part of the City, north of Park Avenue and adjacent
to the area west of the R-1 Zone on the northern side of Scotland
Road.
C. 
R-3: Low Density Multi-Family Residential Zone. This zone
is intended primarily for three family homes, townhouses, garden apartments,
low-rise multifamily apartments. Areas of the City zoned as R-3 are
located at the northernmost and southernmost regions, abutting Montclair
Township and South Orange Village.
D. 
R-4: Medium Density Multi-Family Residential Zone. This zone
is primarily intended for townhouses, low-rise multifamily, mid-rise
multifamily, as well as convenience commercial uses. Areas of the
City zoned R-4 are concentrated between Main Street and Park Avenue
adjacent to the West Orange border.
E. 
MX-1: Mixed Use Low Density Residential and Neighborhood Commercial
Zone. This zone is intended for neighborhood commercial uses
while allowing low density residential uses to occur on the ground
floor and upper floors, thereby providing neighborhood convenience
shopping opportunities while encouraging new residential development
and residential rehabilitation. MX-1 zones are located south of central
avenue and north of Main Street Redevelopment Area.
(1)
Permitted building types in this district are: Single family attached
(townhouse development), three family low-rise multifamily, mid-rise
multifamily, detached commercial, mixed use low-rise, school, medical
facilities, place of worship, community/recreation center.
(2)
Permitted
uses:
(a)
Townhouse dwelling units.
(b)
Three family homes.
(c)
Low-rise apartments.
(d)
Mid-rise apartments.
(e)
Adaptive reuse.
(f)
Child care center and adult day care center.
(g)
Commercial sales and service establishments.
(h)
Personal service establishment.
(i)
Restaurants.
(j)
Mixed use structures.
(k)
Place of worship.
(l)
Nonprofit, charitable and fraternal organizations.
(m)
Institutional use.
(n)
Professional and business offices.
(o)
Recreation centers.
(p)
Retail food stores.
(q)
Retail sales of goods.
(r)
Commercial recreation.
(s)
Community facilities.
(t)
Taverns, Lounges, Bars.
(u)
Night club.
(v)
Urban farming.
(w)
Maker space.
(x)
Artisanal manufacturing.
(y)
Craft brewery/Tasting facility.
(z)
Pet shop.
(aa)
Indoor automotive lifts.
(bb)
Assisted living facility.
F. 
MX-2: Mixed Use Medium Density Residential and Community Commercial
Zone. This zone is intended for community shopping and merchandising
needs, while allowing medium density multi-family residential. MX-2
zones are located along Park Avenue and areas of Central Avenue, where
businesses have a wider commercial draw.
(1)
Permitted building types in this district are: Mid-rise multifamily,
high-rise multifamily, detached commercial, mixed use low-rise, mixed
use mid-rise, medical facilities, school, house of worship, community/recreation
center.
(2)
Permitted
uses:
(a)
Low-rise apartments.
(b)
Mid-rise apartments.
(c)
Child care center and adult day care center.
(d)
Commercial sales and service establishments.
(e)
Personal service establishment.
(f)
Restaurants.
(g)
Mixed use structures.
(h)
Place of worship.
(i)
Nonprofit, charitable and fraternal organizations.
(j)
Institutional use.
(k)
Professional and business offices.
(l)
Retail.
(m)
Retail shopping centers and plazas.
(n)
Taverns, Lounges, Bars.
(o)
Commercial recreation.
(p)
Community facilities.
(q)
Theaters.
(r)
Urban farming.
(s)
Medical facilities.
(t)
Public parking.
(u)
Maker space.
(v)
Artisanal manufacturing.
(w)
Craft brewery/Tasting facility.
(x)
Pet shop.
(y)
Indoor automotive lifts.
(z)
Assisted living facility.
(4)
Conditional uses:
G. 
MX-3: Mixed Use High Density Residential and Regional Commercial
Zone. This zone is intended primarily for the shopping and
merchandising with a wider regional draw. These include wholesale
and big-box retail as well as automobile-oriented uses, while allowing
for high-density multifamily residential. The MX-3 zone is concentrated
in on the western side of the city, abutting the I-280 right-of-way.
(1)
Permitted building types in this district are: High-rise multifamily,
detached commercial, mixed use mid-rise, mixed use high-rise, medical
facilities, school, house of worship, community/recreation.
(2)
Permitted
uses:
(a)
Mid-rise apartments.
(b)
High-rise apartments.
(c)
Automobile service stations or fuel only stations.
(d)
Car washes.
(e)
Child care center and adult day care center.
(f)
Commercial sales and service establishments.
(g)
Personal service establishment.
(h)
Restaurants.
(i)
Mixed use structures.
(j)
Place of worship.
(k)
Nonprofit, charitable and fraternal organizations.
(l)
Institutional use.
(m)
Professional and business offices.
(n)
Public parking.
(o)
Recreation centers.
(p)
Arcade.
(q)
Commercial recreation.
(r)
Community facilities.
(s)
Retail.
(t)
Retail shopping centers and plazas.
(u)
Taverns, Lounges, Bars.
(v)
Theaters.
(w)
Wholesale and retail distribution centers.
(x)
Medical facilities.
(y)
Maker space.
(z)
Artisanal manufacturing.
(aa)
Craft brewery/Tasting facility.
(bb)
Pet shop.
(cc)
Indoor automotive lifts.
(dd)
Assisted living facility.
(ee)
Light industrial.
H. 
CBD: Central Business District. This zone is primarily intended
for business, office, and residential to provide a full range of services,
and a variety of uses in a downtown atmosphere.
(1)
Permitted building types in this district are: High-rise multifamily,
detached commercial, mixed use mid-rise, mixed use high-rise, medical
facilities, school, house of worship, community/recreation.
(2)
Permitted
uses:
(a)
Mid-rise apartments.
(b)
High-rise apartments.
(c)
Automobile service stations or fuel only stations.
(d)
Financial institutions.
(e)
Commercial sales and service establishments.
(f)
Personal service establishment.
(g)
Restaurants.
(h)
Mixed use structures.
(i)
Hotels.
(j)
Institutional use.
(k)
Professional and business offices.
(l)
Public parking.
(m)
Recreation centers.
(n)
Retail.
(o)
Taverns, Lounges, Bars.
(p)
Theaters.
(q)
Commercial recreation.
(r)
Medical facilities.
(s)
Maker space.
(t)
Artisanal manufacturing.
(u)
Craft brewery/Tasting facility.
(v)
Pet shop.
(w)
Indoor automotive lifts.
(x)
Assisted living facility.
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Legend:
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Mount Vernon Redevelopment Area.
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Main Street Redevelopment Area
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Central Orange Redevelopment Area
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Lincoln-Highland Avenue Redevelopment Area
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Central Valley Redevelopment Area
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Lincoln Avenue Redevelopment Area
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Vose Redevelopment Area
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Reock Redevelopment Area
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J.
TVO: Transit Village Overlay. Orange
Station is a major physical asset in the City of Orange Township.
To take advantage of its presence, this section establishes a Transit
Village Overlay District, which functions as an overlay to any other
zoning or redevelopment plan covering this geographic area.
The intent of the TVO district is to encourage mixed-use, transit-supportive
development — with a significant residential component within
walking distance of Orange Station. Some of the general characteristics
of such development within the TVO are as follows:
(1)
Uses
are encouraged to be mixed within individual blocks, and in some cases,
within individual buildings;
(2)
Building height and density should be higher, closer to Orange Station
and/or in the vicinity of a major development project;
(3)
Parking ratios for business, retail and commercial use will take
into account that some trips in the TVO are made via mass transit,
pedestrian ways and bicycle ways; shared parking between uses is encouraged;
surface parking lots in excess of two acres are prohibited;
(4)
Buildings will be set close to the sidewalk with minimal setback;
(5)
Buildings should front on public streets or public open space; larger
buildings will have articulated facades to make them more pedestrian-scale
in appearance;
(6)
Windows and doors, rather than blank walls, should face the street
level; parking decks should have active first floor uses;
(7)
Medium- to larger-scale projects should maintain the street grid
network and add new streets to break up large blocks;
(8)
Surface parking areas, individual garages, dumpsters and utility
enclosures should be located behind buildings;
(9)
Pedestrian paths to Orange Station are required; mid-block pedestrian
connections are encouraged, where appropriate; and
(10)
Commercial development is permitted on the north side of Central
Avenue and both sides of South Essex Avenue.
[Amended 11-4-2020 by Ord. No. 48-2020]
Any Zoning Overlay District established herein shall function
as a supplement to the zoning regulations governing any underlying
district affected by the extent of coverage of such overlay district.
Any use which is permitted in an overlay district shall be permitted
on property within such overlay district, as shown on the Zoning Map,
regardless of the allowance for or prohibition of such use in the
underlying district.
Similarly, any use listed as not permitted in an overlay district
shall be prohibited on properties within such overlay district, as
shown on the Zoning Map, regardless of the allowance for or prohibition
of such use in the underlying district. Bulk regulations shall apply
to an overlay district as specified in this chapter.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
No building shall be erected, and no existing building shall be moved,
altered, added to or enlarged, nor shall any land or building be designed,
used or intended to be used for any purpose or in any manner other
than as permitted in the district in which such building or land is
located, except as hereinafter provided.
B.
No building shall be erected, reconstructed or structurally altered
to exceed in height the limit hereinafter designated for the district
in which such building is located, except as hereinafter provided.
C.
No building shall be erected, no existing buildings shall be altered,
enlarged or rebuilt, nor shall any open space surrounding any building
be encroached upon or reduced in any manner, except in conformity
with the yard, lot area and building location regulations hereinafter
designated for the district in which such building or open space is
located, except as hereinafter provided.
D.
No yard or other open space provided around any building for the
purpose of complying with the provisions of this chapter shall be
considered as providing a yard or open space for a building on any
other lot, except as hereinafter provided.
[Amended 11-4-2020 by Ord. No. 48-2020]
Where a district boundary line, as established in this section
or as shown on the Zoning Map, divides a lot or lots in common ownership
and of record at the time of enactment of this chapter, the least
restricted use shall be considered as extending to the entire lot.
The use so extended shall be deemed to be conforming.
[Amended 11-4-2020 by Ord. No. 48-2020]
Any use not expressly permitted as a permitted use, a permitted
accessory use or a conditional use in this article is prohibited.
A.
Cannabis establishments, distributors and delivery services prohibited.
[Added 8-4-2021 by Ord.
No. 14-2021]
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LEGEND
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DISTRICT
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P - Permitted Use
C - Conditional Use
A - Permitted Accessory Use
-- Not Permitted
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AA
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A-1
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A-2
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B-1
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B-2
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C-1
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C-1A
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C-2
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C-3
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CD
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CDA
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TVO
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USE DESCRIPTIONS
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Non Residential Uses
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All classes of cannabis establishments or cannabis distributors
or cannabis delivery services as said terms are defined in section
3 of P.L. 2021, c. 16, but not the delivery of cannabis items and
related supplies by a delivery service.
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--
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--
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--
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--
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--
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--
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--
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--
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--
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--
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--
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--
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[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Continuance of nonconforming use of structure. The lawful use of
any land or structure, exactly as such existed at the time of the
enactment of this chapter, may be continued, although such use or
structure does not conform to the provisions of this chapter. Structures
or uses nonconforming by reason of height, area or parking and loading
provisions only may be extended, enlarged, altered, remodeled or modernized,
provided that no additional encroachment of height, area or parking
and loading provisions are occasioned thereby, except as hereinafter
set forth.
B.
Unlawful use not authorized. Nothing in this chapter shall be interpreted
as authorization for or approval of continuance of the use of a structure
or premise in violation of zoning regulations in effect immediately
prior to the date of this chapter.
C.
Change of use. The use of a nonconforming building or structure may
be changed to another use permitted in the most restricted district
in which such nonconforming use is located. Where the use of a nonconforming
building or structure is hereafter changed to a use permitted in a
more restricted district, it shall not thereafter be changed to a
use which is not permitted in said more restricted district. The proposed
use shall be subject to all the requirements applying to such proposed
use in the most restricted zone in which the nonconforming use to
be changed is permitted.
D.
Restoration and repairs. Such repairs and maintenance work as are
required to keep a nonconforming building or structure in a sound
condition may be made, provided, however, that a nonconforming building
or structure which is partially damaged or destroyed by fire, flood,
wind or other calamity may be restored to its size at the time of
such destruction, and the occupancy or use of such building or structure
may be continued or resumed, provided that a permit for such restoration
is applied for within a period of six months of the time of such damage
and that necessary repairs are diligently prosecuted to completion
and, further, provided that such restoration shall be permitted under
the Building Code of the City of Orange Township. The Planning Board
may extend such period of time for restoration of any building or
structure when a state or local emergency shall render it impossible
to make the restoration of such building or structure.
E.
Extension, enlargements; moving. Subject to other provisions of this section, no nonconforming use of any land or structure shall hereafter be enlarged or extended or relocated on the same lot, except that accessory parking only may be provided on the same or an adjoining lot or lots within or without the same zoning districts on which the nonconforming use exists, subject to the provisions of this section and § 210-29, Off-Street Parking, below. If the adjoining lot is located in a residential zone or if such adjoining lot is otherwise located in a residential zone or the following provisions, if such adjoining lot is otherwise located:
(1)
Standards. Every such off-street parking area shall be adequately
screened by a solid evergreen hedge on any side, which adjoins or
faces premises in a residential zoning district. No part of any such
parking area shall be screened by an unpierced masonry wall of not
less than four nor more than six feet height.
(2)
Front yard. A front yard shall be provided according to the
requirements of the district in which the subject premises are located.
(3)
Access driveway. The access driveways shall be a minimum of
10 feet wide and shall be located at least five feet from the adjoining
property line and at least 25 feet from the corner of intersecting
public streets. Parking areas shall be surfaced with asphalt or concrete
and graded and drained to dispose of all surface water to the nearest
adjoining street. Any lighting in connection with off-street parking
shall be so arranged as to deflect the light away from all adjoining
residential buildings and the street.
(4)
Parking areas. Such parking areas shall be used solely for the
parking of passenger automobiles, and no commercial repair work, sales
or services of any kind shall be conducted on any such parking lot.
No sign, other than entrance, exit and condition of use signs, shall
be maintained, and the aggregate area of all such signs shall not
exceed 12 square feet.
F.
Nonconforming use discontinued. The discontinuance of a nonconforming
use by change to a conforming use or by cessation of such use for
one year shall terminate such nonconforming use, which shall not thereafter
be revived.
G.
Non-conformance due to reclassification. The foregoing provisions
of this section shall also apply to the buildings, structures, land
or uses which hereafter become nonconforming due to any reclassification
of districts under this chapter or any subsequent change in the regulations
of this chapter.
[Amended 11-4-2020 by Ord. No. 48-2020]
A community residence housing 15 or fewer developmentally disabled
persons shall comply with all the regulations for a single-family
house in the zoning district in which the community residence is located.
[Amended 11-4-2020 by Ord. No. 48-2020]
In any district which permits a residential structure of two
or more dwellings, an existing building or dwelling may be converted
into a maximum of three dwelling units, provided that the lot upon
which said building or dwelling is located is not less than 40 feet
wide and that there shall be a lot area of at least 2,500 square feet
for each dwelling unit, which lot area shall be measured within 110
feet from the front street line, that off-street parking shall be
provided in accordance with the requirements of this chapter and that
each dwelling unit shall have an independent means of ingress and
egress which shall be enclosed within the building.
[Amended 11-4-2020 by Ord. No. 48-2020]
An office for the practice of a profession, such as law, medicine,
dentistry and teaching, may be maintained in a residential zone, provided
that said home professional practice:
A.
Is conducted entirely within a principal building without being visible
from the street or from any neighboring premises.
B.
Does not change the character of the building in which it is conducted.
C.
Does not constitute, create or increase a nuisance.
D.
Is carried on only by the inhabitant of the building in which conducted,
plus not more than four employees of such inhabitant.
E.
Displays no sign which is not permitted in the zone where conducted.
F.
Has obtained all required licenses and certificates of the appropriate
government agency.
G.
Devotes not more than 50% of the floor area of one story of the dwelling
to such professional occupation.
H.
Undertaking, embalming or conducting a mortuary or funeral parlor
is a business or occupation and is not permitted under this section.
[Amended 11-4-2020 by Ord. No. 48-2020]
Any use approved by the issuance of a certificate of occupancy shall be designated the principal use as defined in § 210-3. Use for any purpose other than the principal use or accessory use without issuance of a certificate of occupancy, except retail shopping centers, retail plazas and the sale of seasonal merchandise, is prohibited. Retail shopping centers and retail plazas may have multiple uses on one or more lots as stated herein.
[Amended 11-4-2020 by Ord. No. 48-2020]
All child care centers and adult day care centers, as defined
herein, whether newly constructed or renovated from an existing building
or structure, must conform to and provide the following:
A.
Off-street parking shall be provided.
B.
Lighting shall be provided for all interior and exterior areas, which
contain client facilities and equipment, and for all off-street parking
facilities.
D.
All fixtures and equipment must be deemed safe and must meet the
approval of the Fire Subcode Official of the City of Orange Township.
[Amended 11-4-2020 by Ord. No. 48-2020]
A community residence housing 15 or fewer developmentally disabled
persons shall comply with all the regulations for a single-family
house in the zoning district in which the community residence is located.
Approval: A community residence housing 15 or fewer developmentally
disabled persons shall be a conditional use, subject to Planning Board
approval. As a conditional use, it shall meet the following standards:
A.
No two community residences shall be located within 1,500 feet of
another such residence.
B.
The community residence shall provide front, rear and side yards
to conform to the requirements of the zoning districts where this
use is permitted.
C.
The minimum size lot for such a community residence shall be 15,000
square feet for the first five developmentally disabled residents,
plus an additional 1,500 square feet of lot area shall be provided
for each additional such resident.
[Amended 11-4-2020 by Ord. No. 48-2020]
An office for the practice of a profession, such as law, medicine,
dentistry and teaching, may be maintained in a residential zone, provided
that said home professional practice:
A.
Is conducted entirely within a principal building without being visible
from the street or from any neighboring premises.
B.
Does not change the character of the building in which it is conducted.
C.
Does not constitute, create or increase a nuisance.
D.
Is carried on only by the inhabitant of the building in which conducted,
plus not more than four employees of such inhabitant.
E.
Displays no sign which is not permitted in the zone where conducted.
F.
Has obtained all required licenses and certificates of the appropriate
government agency.
G.
Devotes not more than 50% of the floor area of one story of the dwelling
to such professional occupation.
H.
Undertaking, embalming or conducting a mortuary or funeral parlor
is a business or occupation and is not permitted under this section.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Purpose. The purpose of this section is to establish zoning conditions
and standards for the placement of the wireless telecommunications
towers and antennas while protecting the public health, safety and
general welfare of the residents and property owners in the City of
Orange Township.
(1)
Protect residential areas and land uses from potential adverse
impacts of towers and antennas;
(2)
Facilitate the provision of wireless telecommunication services
to the residents and businesses of the City of Orange Township;
(3)
Encourage the location of appropriate wireless facilities upon
existing structures in identified nonresidential areas such as Neighborhood
Commercial, Central Business, General Commercial and Industrial Zones;
(4)
Minimize the total number of towers throughout the community
by encouraging alternatives to towers wherever practicable;
(5)
Encourage the co-location of antennas on existing towers and
other structures in nonresidential districts as a primary option rather
than construction of additional single-use towers;
(6)
Encourage the use of appropriate and new technology so as to
minimize adverse environmental, noise and visual impacts;
(7)
Encourage users of towers and antennas to configure them in
a way that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening and innovative
camouflaging techniques;
(8)
Preserve the aesthetic character of the city by encouraging
creative and cooperative approaches to locating wireless communication
facilities so that such facilities will be compatible with their surroundings;
(9)
Comply with the mandate of the Federal Telecommunications Act
of 1996, 47 U.S.C. Section 332(c)(7), which preserves local government
authority to enforce zoning requirements, which protect public safety,
public and private property, and community aesthetics.
B.
Applicability and Requirements.
(1)
New towers and antennas. All new towers and antennas in the
City of Orange Township shall be subject to the following regulations:
(2)
State and federal requirements. All towers, antennas and other
wireless communication facilities must meet or exceed current standards
and regulations of the FAA, the FCC and any other agency of the state
or federal government with the authority to regulate towers and antennas.
If such standards and regulations are changed, then the owners of
the towers and antennas governed by this section shall bring such
towers and antennas into compliance with such revised standards and
regulations within six months of the effective date of such standards
and regulations, unless a different compliance schedule is mandated
by the controlling state or federal agency.
(3)
Safety standards/building codes. To ensure the structural integrity
of towers and antennas, the owner of a tower or antenna shall ensure
that it is maintained in compliance with standards contained in applicable
State of New Jersey or the City's Building Codes and the applicable
standards for towers that are published by the Electronic Industries
Association, as amended from time to time.
(4)
Licenses. Owners and/or operators of towers or antennas shall
certify that all federal licenses required by law for the construction
and/or operation of a wireless communication system in the City of
Orange Township have been obtained and shall submit a copy with any
application for construction of a facility including any application
for an administratively approvable facility, a conditional use application
before the Planning Board or a use variance application to the Zoning
Board as the case may be.
(5)
Public notice. For the purposes of this section, any application
required to be made to the Planning Board or Zoning Board of Adjustment
shall require notice to be given pursuant to N.J.S.A. 40:55D-12.
[Amended 10-19-2021 by Ord. No. 54-2021]
(6)
Signs. No signs shall be allowed on an antenna or tower, except
for safety signs.
(7)
Lighting. Towers shall not be artificially lighted unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
(8)
Multiple antenna co-location. The City of Orange Township strongly
encourages the co-location of antennas.
(9)
Submission requirements.
(10)
All telecommunications facilities, except exempt facilities
as defined herein, shall require major site plan review and approval.
Site plan approval and other land use agency approvals shall not be
required in connection with antennas or towers on property owned,
leased or otherwise controlled by the City of Orange Township.
(11)
An applicant seeking site plan approval for a tower or antenna
shall submit the following information:
(a)
A scaled site plan clearly indicating the location, type and
height of the proposed tower or antenna, on-site land uses and zoning,
adjacent land uses and zoning (including when adjacent to other municipalities),
Master Plan classification of the site and all properties within the
applicable separation distances, adjacent roadways, proposed means
of access, setbacks from property lines, elevation drawings of the
proposed tower and antenna and any other structures, topography, parking
and other information deemed by the approving authority to be necessary
to assess compliance with this section.
(b)
Legal description of the parent tract and leased parcel (if
applicable).
(c)
The setback distance between the proposed tower and antenna
and the nearest residential unit.
(d)
The separation distance from other towers/antennas described
in the inventory of existing sites submitted pursuant to paragraph
(i) below shall be shown on an updated site plan or map. The applicant
shall also identify the type of construction of the existing tower(s)
and the owner/operator of the existing tower(s) and antenna, if known.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing and finished color and, if applicable, the
method of camouflage and illumination.
(g)
A description of compliance with the requirements of this section
and all applicable federal, state or local laws.
(h)
(Towers only). A notarized statement by the applicant as to
whether construction of a tower will accommodate co-location of additional
antennas for future users.
(i)
An inventory of existing sites, which shall provide an inventory
of all existing towers, antennas, or sites approved for towers or
antennas that are within the jurisdiction of the City of Orange Township
owned, operated or located on by the applicant, including specific
information about the location, height and design of each facility.
(12)
A visual analysis, which may include photomontage, photo simulation,
or other techniques, which identifies the potential visual impacts
of the proposed facility. Consideration shall be given to views from
public areas as well as from private residences where an applicant
has specific authorization to enter upon private property for the
purpose of complying with this section. The analysis shall assess
the cumulative impacts of the proposed facility and shall identify
and include all feasible mitigation measures consistent with the technological
requirements of the proposed telecommunication service. All costs
for the visual analysis, and applicable administrative costs, shall
be borne by the applicant.
(13)
Master plan for all related facilities within the city limits
of Orange Township, which shall address at a minimum:
(a)
What alternative sites were identified and how they were evaluated;
(b)
How the proposed location relates to suitability or unsuitability
of such existing structures to be utilized to provide the intended
wireless communication;
(c)
How the proposed location specifically relates to the anticipated
need for additional antennas, supporting structures and other related
facilities within the city limits of Orange Township by applicant,
demonstrated by the graphic depiction of all planned service areas
within the City of Orange Township and those of adjoining municipalities
that include any areas within the City of Orange Township;
(d)
How the proposed location specifically relates to the overall
objective of providing full wireless communication services within
the City of Orange Township, while at the same time, limiting the
number of facility sites to the fewest possible through the use of
co-location;
(e)
How the proposed location specifically relates to the objective
of minimizing the impact of antennas, accessory equipment and supporting
structures; on residential areas, streetscapes and view corridors
throughout the City of Orange Township;
(f)
How the technology proposed is the least visually intrusive
of various suitable technologies.
C.
Permitted uses.
(1)
Subject to the conditions set forth in this chapter and to site
plan approval, except as otherwise provided below, new telecommunications
towers and antennas shall be permitted as conditional uses in all
zoning districts within the City of Orange Township.
(2)
Pre-existing towers and antennas. Wireless telecommunications
towers that existed on the date of the adoption of this chapter (nonconforming
wireless telecommunications tower) are subject to the following provisions:
(a)
Nonconforming wireless telecommunications towers may continue
in use for the purpose now used but may not be expanded without complying
with this chapter.
(b)
Nonconforming wireless telecommunications towers, 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 therefore, but without otherwise
complying with this chapter.
(c)
The owner of any nonconforming wireless telecommunications tower
may repair, rebuild, and/or upgrade (but not expand such telecommunications
tower or increase its height or reduce the 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.
(d)
Wireless telecommunications towers and antennas shall be prohibited
in all parks, cemeteries and on structures listed on the federal,
state or municipal register of historic places and on contributing
structures to historic districts.
D.
Location preferences. Certain areas of the city are more appropriate
to locate the wireless telecommunication facilities because of the
existing development character, zoning designation of the area, presence
of suitable structures, or topographic features. The following areas,
locations and/or zoning districts constitute preferred locations for
the siting of wireless telecommunications facilities.
(1)
The first priority location shall be co-location on an existing
wireless telecommunication tower or other similar existing structure
within the MX1, MX2, MX3 or CBD Districts.
(2)
The second priority location shall be an existing building within
the MX1, MX2, MX3 or CBD Districts.
(3)
The third priority location shall be an existing building owned
by the City of Orange Township.
(4)
The fourth priority location shall be an existing building within
residential zones R2 or R3.
(5)
The fifth priority location shall be an existing tall building
within residential zones.
(6)
The sixth priority location shall be a construction of a new
tower within the MX1, MX2, MX3 or CBD Districts.
(7)
The eighth priority location shall be a construction of a new
tower within residential zones R2 or R3.
E.
Design standards.
(1)
Wireless telecommunication towers.
(a)
Towers shall not be located between a principal structure and
a public street, with the following exceptions:
(b)
Minimum distance from any residential zone district line, school
or any site listed on the federal, state, or municipal register of
historic places shall be 500 feet.
(c)
The minimum separation between existing or proposed towers shall
be 1,000 feet.
(d)
Towers must be set back a distance equal to at least 100% of
the height of the tower from any adjoining lot line and all non-appurtenant
buildings.
(e)
The maximum height of any tower shall be not more than 125 feet.
(f)
Regardless of the number of wireless communication service providers
located on the site, there shall be a maximum of one structure enclosing
the required electronic equipment, which structure shall not exceed
12 feet in height nor more than 400 square feet in area.
(g)
Towers and associated equipment structures shall be enclosed
by fencing of six feet in height, which shall provide adequate screening
of the equipment area.
(h)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from any adjacent street, property used for residences or planned
residences.
(i)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced at the sole direction of
the Planning Board or Board of Adjustment.
(2)
Wireless telecommunication antennas.
(a)
Any antennas located on an existing building shall be flush
mounted to a vertical building surface and painted to match the building
surface material. If antennas must be located on the rooftop, appropriate
screening techniques shall be utilized so that the proposed antennas
reasonably blend in with the architectural features of the building.
(b)
The maximum height of any proposed antennas extending above
any existing building or existing structure shall not exceed the maximum
height permitted in the zone by more than 20%, or 10 feet, whichever
is greater.
(c)
The associated electrical and mechanical equipment shall be
kept in a basement. The equipment may be located on the rooftop of
the building provided that:
[1]
The height of rooftop equipment facilities shall
not exceed the height of the tallest accessory structure such as a
stair or elevator housing, and shall be fully enclosed by stealth
screening in a color which will match the color(s) of the existing
rooftop accessory structures as closely as possible, such that the
total of all rooftop appurtenances including the subject equipment
does not exceed 30% of the roof area;
[2]
Documentation by a qualified expert that any existing
structure will have sufficient structural integrity to support the
proposed antennas and ancillary equipment shall be provided to the
Planning and Zoning Boards.
(d)
Any additional public utility lines and/or cables deemed necessary
for the operation of the proposed antenna facility shall be located
underground.
(e)
Minimum distance from any historic district boundary line, or
to any designated historic site (national or state register) shall
be a minimum of 500 feet.
F.
Technical review. The Planning Board and/or the Board of Adjustment
is explicitly authorized to, and may, as it deems appropriate, retain
an independent technical expert as it deems necessary to provide assistance
in the review of the site location alternatives analysis and any technical
materials submitted, especially in those cases when a technical demonstration
of unavoidable need or unavailability of alternatives is proposed.
The applicant shall pay the city's reasonable costs for the review,
which costs shall be deposited in accordance with the city's escrow
ordinance and which shall be in addition to any required escrow requirements
for development applications otherwise required by this chapter.
G.
Modifications. Every modification to a wireless communications antenna
shall be subject to site plan review and approval. A modification
is a change in the number, type, size or placement of wireless telecommunication
antennas.
[Amended 11-4-2020 by Ord. No. 48-2020]
Funeral homes shall be a permitted in the Zones R3, R4, MX1,
MX2 and MX3 provided all of the following standards are met:
[Amended 11-4-2020 by Ord. No. 48-2020]
Churches and other places of worship or assembly for religious
purposes shall be permitted in specified residential zones, provided
they meet the following conditions:
A.
Places of worship shall conform to the bulk standards required for
this building type.
B.
Such facilities shall be located on arterial streets.
C.
Off-street parking shall be provided for each place of worship, according to the parking requirements listed in § 210-29.1. In addition to these parking requirements, provided parking should also conform to the following standards:
(1)
No off-street parking facility shall be located in the required
front yard setback of a property used as a house of worship;
(2)
Every house of worship shall provide within the minimum required
buffer a fifteen-foot-wide landscaped buffer along the side property
line. If adjacent to a residential zone, the required landscape buffer
within the minimum required buffer shall be no less than 10 feet in
width. No parking spaces or their associated drive(s) shall encroach
into a required buffer area except where accessing a street;
D.
Permitted Accessory Uses shall include the following:
(1)
Banquet halls, cafeteria or kitchen facilities, classrooms,
libraries, youth services, and other similar uses which are customarily
accessory to places of worship are permitted accessory uses;
(2)
With the exception of housing for clergy, no housing or dormitories,
whether for temporary or permanent occupancy, shall be permitted as
accessory uses.
[Amended 11-4-2020 by Ord. No. 48-2020]
Banks or financial institutions with drive-through facilities
shall be subject to approval of the Planning Board before a building
permit is issued. A site plan shall show the height, size and arrangement
of proposed and existing buildings, the site layout with respect to
arrangement and width of driveways on the site and provisions for
off-street parking and screening, if required. The Planning Board
shall review the site plan and may impose the appropriate conditions
and safeguards with respect to the following:
A.
Traffic access. All proposed access ways to and from a public street
shall be adequate but not excessive in number, adequate in width grade,
alignments and visibility and shall not be located too near to street
intersections.
B.
Circulation and parking. The interior circulation system shall be
adequate to provide safe accessibility to all required off-street
parking, and sufficient off-street accommodation shall be made for
storage of vehicles waiting to transact business.
[Amended 11-4-2020 by Ord. No. 48-2020]
Use of any premises as an amusement center shall be a conditional
use in the MX-2, MX-3 or CBD Zoning Districts provided all of the
following standards are met:
A.
Site plan approval by the Planning Board is required.
B.
There shall be 20 square feet of operating floor area for each amusement
or mechanical device machine. The calculation of the operating floor
area shall exclude any area of the premises, which is used for eating,
toilet facilities, storage, or any other area not accessible or open
to the general public.
C.
Adequate special parking facilities shall be provided for bicycles,
mopeds and motorcycles, as determined by the Planning Board as part
of the site plan review.
D.
No such enterprise shall be located closer than 500 feet to similar
licensed premises or to a primary or secondary school, measured door
to door.
E.
No sound from any licensed amusement or mechanical device machines
shall be discernible in any adjacent premises.
F.
Food and beverages may be prepared and/or dispensed as an accessory
use to a primary use, provided that the amount of area devoted to
storage, preparation, serving and consumption shall not exceed 25%
of the gross floor area of the primary use and shall comply with all
other applicable ordinances.
G.
In considering the approval of such premises as a conditional use,
the Planning Board shall consider the potential impact of the use
at the proposed location on such factors as traffic circulation and
safety.
[Amended 11-4-2020 by Ord. No. 48-2020]
All recreation centers, whether newly constructed or renovated
from an existing building or structure, must conform to and provide
the following:
A.
Lighting for all interior and exterior areas, which contain recreation
facilities and equipment, and for all off- street parking facilities.
B.
Refuse disposal shall be provided according to the requirements of Section 210-22.6, Outdoor storage.
C.
All fixtures and equipment must be deemed safe by and must meet the
approval of the Fire Subcode Official of the City of Orange Township.
D.
Access to all facilities and hours of operation must be posted in
a visible location for the public to see.
E.
Facilities with specialized equipment such as gymnasiums or indoor
swimming pools must have primary and secondary exits.
[Amended 11-4-2020 by Ord. No. 48-2020]
No permit for a service station, automobile or tire repair,
automobile body repair or car wash shall be issued unless the following
requirements are met:
A.
The walls of the building or structure are set back at least 25 feet
from every adjoining residential property line, whether or not such
residential property is used wholly or in part for such residential
use and whether or not such residential property is located within
or without a residential zone.
B.
The entrance and exit driveway or driveways are at least 15 feet
wide but not more than 25 feet wide and are 10 feet from the adjoining
property line and at least 20 feet from the corner of intersecting
public streets.
C.
Every gasoline or oil tank, pump lift, filling, greasing or other
device, appliance or apparatus is located at least 25 feet from any
street line and at least five feet from the side and rear lines of
the premises.
D.
No floor drains shall be connected to the sanitary sewer system.
E.
Any point in the nearest boundary line of the lot or parcel of land
to be so used is at least 300 feet, as measured in a straight line,
from any boundary line of property which is used as or upon which
is erected:
(1)
A public or private school.
(2)
A church or other place of worship.
(3)
A hospital.
(4)
A public library, public art museum or other public building.
(5)
A theater or other building or structure used or intended to
be used for motion pictures, theatrical or operative productions or
for public entertainment.
(6)
A public playground or civic center.
(7)
A firehouse or fire station.
F.
Permitted accessory signage for service stations and similar uses.
(2)
One temporary sign located inside the property line and specifically
advertising special seasonal servicing of automobiles, provided that
said sign does not exceed seven square feet in area.
(3)
Directional signs or lettering displayed over individual entrance
doors or bays, consisting only of the words, "washing," "lubrication,"
"repairs," "mechanic on duty" or other words closely similar in import,
provided that there shall be not more than one such sign over each
entrance or bay, the letters thereof shall not exceed 15 inches in
height and the total area of each such sign shall not exceed six square
feet.
(4)
Customary lettering or other insignia, which are a structural
part of a gasoline pump, consisting only of a brand name of gasoline
sold, a lead-warning sign or a price indicator and any other sign
required by law and not exceeding a total of three square feet on
each pump and if illuminated, such signs shall be non-flashing and
shall not in any manner constitute a traffic hazard with respect to
adjacent streets or intersections.
(5)
Non-illuminated credit card sign not exceeding two square feet
in area and placed on or near the gasoline pump.
[Amended 11-4-2020 by Ord. No. 48-2020]
Where automobile service stations with quick mart uses are permitted
as conditional uses, they shall meet the following requirements:
A.
A minimum lot area of 30,000 square feet shall be provided.
B.
Off-street parking shall be provided as follows: one space for each
200 square feet of gross floor area for the convenience goods outlet,
plus one space for each service bay, plus one space for each employee,
maximum shift, plus one space per service vehicle stored on the premises.
C.
A walkway no less than five feet in width, clearly marked on the
surface material or delineated with different surface materials or
treatment, shall be provided between the customer access door of the
convenience goods outlet and the nearest street frontage. Said walkway
shall be placed in a manner that will minimize potential conflict
with vehicle maneuvering space.
D.
All walkway and parking areas shall have adequate lighting.
E.
Landscaping shall be provided so as to provide year-round visual
buffering between this use and adjoining property used for or zoned
for residential purposes and along all street frontage, exclusive
of approved driveway openings.
[Amended 11-4-2020 by Ord. No. 48-2020]
Freestanding restaurants shall be permitted as a conditional
use in the Mixes Use and CBD Zones, subject to Planning Board approval.
New or expanded freestanding fast-food restaurants (additions of 300
square feet or more of new floor area) shall comply with the following
conditional use requirements:
[Amended 11-4-2020 by Ord. No. 48-2020]
All newly established freestanding restaurants and retail food
stores or additions to existing ones shall be subject to site plan
review and the following requirements:
[Amended 11-4-2020 by Ord. No. 48-2020]
Structures 50 years old or older that are currently being used
or have previously been used as a place of worship, financial institution
or other institutional use, may be converted to accommodate any permitted
use in that zone under the following conditions:
A.
The proposal for a new use shall include structural inspection report
from a qualified individual/firm attesting to the soundness of the
structure for the proposed new use.
B.
Any proposed modifications to the structure shall satisfy all the
historic preservation guidelines if listed as a historic structure
or in a Historic zone.
C.
The existing lot and structure shall be considered conforming with
respect to area, yard, bulk and height.
D.
Additions to the existing building shall conform to height and bulk
standards without compromising aesthetics of the existing building.
E.
Parking and other requirements shall conform to new use.
[Amended 11-4-2020 by Ord. No. 48-2020]
[Amended 11-4-2020 by Ord. No. 48-2020]
In the Mixed Use Zones, accessory uses that are necessary and
incidental to manufacturing, processing or storage of goods for sale
are permitted, except that:
A.
The killing or dressing of animals or fowl is prohibited.
B.
All products manufactured, processed or stored on the premises shall
be held for sale at retail on said premises. This requirement shall
not be applicable to service-based businesses.
[Amended 10-19-2021 by Ord. No. 54-2021]
C.
No more than two persons shall be engaged in manufacturing or processing
activities, as distinguished from retail sales activities, on said
premises.
(1)
No more than one horsepower shall be employed in the operation
of any machine used in the manufacturing or processing nor more than
three horsepower in the operation of all such machines on said premises.
[Amended 11-4-2020 by Ord. No. 48-2020]
Accessory uses that are necessary and incidental to any principal
use permitted, including necessary, incidental manufacturing, processing
or storage of goods for sale, except that:
[Amended 11-4-2020 by Ord. No. 48-2020]
Accessory uses that are necessary and incidental to any principal
use permitted in this district are hereby permitted, including the
necessary, incidental manufacturing, processing or storage of goods
for sale, except the killing or dressing of animal or fowl, which
is prohibited.
Commercial sales and service establishments related to permitted
business and professional office uses, provided that:
A.
The related commercial sales and service establishments are primarily
intended to serve the occupants of the principal business, professional
and/or governmental office use.
B.
Commercial sales and service establishments related to permitted
hotel and motel uses and related facilities, provided that:
(1)
The related commercial sales and service establishments are
primarily intended to serve the occupants of the principal motel,
restaurant and/or convention and/or banquet uses.
(2)
The floor area of the related commercial sales and service establishments
does not exceed 20% of the principal use floor area.
C.
Other accessory uses that are necessary and incidental to any principal
use permitted in this district.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Commercial sales and service establishments related to business and
professional office uses, provided that:
(1)
The related commercial sales and service establishments are
primarily intended to serve the occupants of the principal business,
professional and/or governmental office use.
(2)
The floor area of the related commercial sales and service establishments
does not exceed 20% of the principal use floor area.
(3)
Commercial sales and service establishments related to hotel
and motel uses and related facilities, provided that:
(a)
The related commercial sales and service establishments are
primarily intended to serve the occupants of the principal motel,
restaurant and/or convention and/or banquet uses.
(b)
The floor area of the related commercial sales and service establishments
does not exceed 20% of the principal use floor area.
(c)
Other accessory uses that are necessary and incidental to any
principal use permitted in this district.
[Amended 11-4-2020 by Ord. No. 48-2020]
Outdoor storage of material is permitted only as a nonresidential
accessory use, and such storage areas shall be adequately screened
from adjacent properties or streets by a six-foot fence or hedge,
which shall be placed so as to provide an adequate visual screen.
Such outdoor storage shall not be permitted in any required front
yard or any required side yard abutting a street.
[Amended 11-4-2020 by Ord. No. 48-2020]
Private swimming pools are permitted in all residential districts,
provided that all of the following regulations are complied with:
A.
The pool shall be equipped with filtration, circulation, clarification
and chlorination systems adequate to maintain the water in clean and
healthful condition, in accordance with the health requirements of
the City of Orange Township.
B.
The discharge pipe leading from any private swimming pool shall not
exceed two inches in diameter, and the discharge pipe of all such
pools, which may hereafter be constructed, shall be composed of galvanized
iron or such other standard and durable material as may be approved
by the City Engineer. No private swimming pool shall be wholly or
partially emptied in any manner that will cause water to flow upon
the premises of another, and no private swimming pool shall be wholly
or partially emptied upon any land if a storm drain is readily accessible
to the premises on which the pool is located. No private swimming
pool shall be wholly or partially emptied into any sanitary sewer
systems.
C.
No public water shall be used in connection with the operation of
any private swimming pool during any time when restrictions are imposed
upon the use of public water.
D.
Every private swimming pool shall be completely enclosed with a permanent
substantial fence with a gate or gates, no less than six feet in height
above the ground level. No opening in such fence or gate shall be
more than four inches in width. Such fence and gate shall be so designed,
constructed and maintained as to prevent access to the pool at any
time except when the pool is in use under the supervision of the possessor
of the pool or by his permission.
E.
The swimming pool shall not be closer than 15 feet to any side or
rear lot lines of the premises, provided that on corner lots no part
of any pool shall be constructed within the front yard of either street.
F.
The provisions of this section shall apply to any basin or other
structure for the holding of water for use by the possessor, his family
or guests for swimming, diving and other aquatic sports and recreation;
provided, however, that these regulations do not apply to any plastic,
canvas or rubber pool, temporarily erected upon the ground, holding
less than 500 gallons of water.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Ground-mounted satellite dish antennas.
(1)
No satellite dish antenna shall be constructed in any front
yard.
(2)
Satellite dish antennas shall not be located closer than 10
feet from any rear or side yard lot line.
(3)
A satellite dish antenna shall not exceed a grade height of
15 feet.
(4)
The satellite dish antenna must be totally screened from view
at ground level from any adjacent lot or street public or private).
B.
Roof-mounted satellite dish antennas.
(1)
A satellite dish antenna shall be mounted directly upon the
roof of a primary or accessory structure and shall not be mounted
upon appurtenances, such as chimneys, towers, trees, poles or spires.
(2)
A satellite dish antenna shall not exceed a height of more than
12 feet above the roof upon which it is mounted.
[Amended 11-4-2020 by Ord. No. 48-2020]
Amusement or mechanical device machines shall be permitted as
an accessory use only where the primary use of such premises is recreational,
such as bowling alleys, theaters, the YMCA/YWCA or similar establishments,
which are licensed to sell alcoholic beverages for on-site consumption
and only in accordance with the following limitations:
A.
There shall be 20 square feet of operating floor area for each machine.
B.
The maximum area devoted to such machines (20 square feet times the
number of licensed amusement or mechanical device machines) shall
not constitute more than 25% of the floor area of the establishment,
excluding any of the premises which is used for eating, toilet facilities,
storage or any other area not accessible or open to the general public.
C.
Where a lawfully established amusement or mechanical device machine
exists as an accessory use as of the effective date of this chapter,[1] where the primary use of such premises is not recreational
in nature as indicated in paragraph A above, up to three machines
shall be permitted, in accordance with the following limitations:
(1)
There shall be 20 square feet of operating floor area for each
machine.
(2)
The maximum area devoted to such machines (20 square feet times
the number of licensed amusement or mechanical device machines) shall
not constitute more than 25% of the floor area of the establishment,
excluding any of the premises which is used for eating, toilet facilities,
storage or any other area not accessible or open to the general public.
[Amended 11-4-2020 by Ord. No. 48-2020]
Before the issuance of any building or occupancy permit for
nonresidential use in any applicable Mixed Use or CBD Zones, the applicant
shall sign an agreement that the use of the property will meet the
following performance standards or that any violation of these standards
in subsequent operation will be corrected, the costs of inspection
by experts for compliance to be borne by the applicant.
A.
Fire and explosion hazards.
(1)
All activities shall be carried on only in buildings classified as
fireproof by the Building Code of the City of Orange Township, and
the operations shall be carried on in such a manner and with such
precaution against fire and explosion hazards.
(2)
All raw materials, fuels and finished products shall be stored within
an entirely enclosed building. Flammable liquids other than fuels
used for heating shall be stored in an entirely closed building, which
shall be used for no other purpose or in underground tanks, provided
that said storage building is not closer than 100 feet, as measured
in a straight line, to any building occupied by one or more humans
and that the storage of more than 250 gallons of said flammable liquid
in said storage building is prohibited.
(3)
Every factory or manufacturing building or other building permitted
only in the industrial areas shall be equipped with automatic sprinklers
or other automatic fire extinguishers approved by the Building Inspector
and the Chief of the Fire Department as being sufficient, in view
of the nature and extent of the fire risk.
B.
Smoke, fumes, gases, dust and odors. There shall be no emission of
any fumes, smoke, gas, dust, odors or any other atmospheric pollutant,
which will disseminate beyond the boundaries of the lot occupied by
such use.
C.
Liquid or solid waste. No industrial operation shall discharge industrial
waste of any kind into any reservoir, pond or lake. The discharge
of untreated industrial waste into a stream is prohibited. All methods
of sewage and industrial waste treatment and disposal shall be approved
by the city and New Jersey State Health Department. Effluent from
a treatment plant shall at all times comply with the requirements
of the respective NJPDES discharge permit and all applicable DEP regulations.
D.
Noise. There shall be no noise emanating from the operation, which
will be audible beyond the boundaries of the immediate site.
E.
Glare.
(1)
Notwithstanding any other provisions of this chapter, floodlighting
in front and side yards in the districts is permitted, provided that
all such lights shall be shaded and that beams are so directed as
not to cause glare in adjoining buildings or properties. No floodlight,
spotlight or other light shall be erected in such manner that its
beam shall be directed, in whole or in part, toward a street, road
or highway or adjoining properties or in any way or manner that will
cause a traffic hazard due to glare.
[Amended 11-4-2020 by Ord. No. 48-2020]
Except as otherwise provided in this chapter, all proposed structures or proposed use of land or structures shall conform to the requirements provided in § 210-24.3, Building Typologies.
[Amended 11-4-2020 by Ord. No. 48-2020]
|
Table I: Permitted Building Types by Zone
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Zones
|
Suburban One Family Detached
|
Urban One Family Detached
|
Urban One Family Attached (Townhouse Development)
|
Two
Family
|
Three
Family
|
Low Rise Multi-family
|
Mid Rise Multi-family
|
High Rise Multi-family
|
|
R-1
|
P
| |||||||
|
R-2
|
P
|
P
| ||||||
|
R-3
|
P
|
P
|
P
| |||||
|
R-4
|
P
|
P
|
P
|
P
| ||||
|
MX-1
|
P
|
P
|
P
|
P
| ||||
|
MX-2
|
P
|
P
| ||||||
|
MX-3
|
P
| |||||||
|
CBD
|
P
| |||||||
|
Table I: Permitted Building Types by Zone
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Zones
|
Detached Commercial
|
Mixed Use: Low Rise Residential + Commercial
|
Mixed Use: Mid Rise Residential + Commercial
|
Mixed Use: High Rise Residential + Commercial
|
Medical Facilities
|
School
|
House of Worship
|
Community/Recreation Center
|
|
R-1
|
P
| |||||||
|
R-2
|
P
| |||||||
|
R-3
|
P
|
P
| ||||||
|
R-4
|
P
|
P
|
P
| |||||
|
MX-1
|
P
|
P
|
P
|
P
|
P
|
P
| ||
|
MX-2
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
MX-3
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
CBD
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
[Amended 11-4-2020 by Ord. No. 48-2020]
Introduction to Building Typologies.
 |
A.
Suburban One Family Detached. A building
that contains one dwelling unit and that is not attached to any other
dwelling by any means and is surrounded by open space and yards.
Massing and Architectural Character
(1)
Permitted in Zones: R1.
(2)
Development Standards.
(a)
Lot: Suburban One Family lots can not be subdivided, and shall
not have more than one ownership.
(e)
Landscaping: Minimum 10% of the lot area.
(f)
Fenestration: Minimum 20% of the each facade area.
(g)
Miscellaneous: The building may have a flat roof, however a
pitched roof is encouraged.
(3)
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
|
Bulk Standards - Suburban One Family Detached
| |
|---|---|
|
Minimum Lot Area
|
10,000 Square Feet
|
|
Minimum Lot Width
|
75 Feet
|
|
Density (Max. Dwelling Units per Acre)
|
4.4
|
|
HEIGHT
| |
|
Maximum Height
|
35 Feet
|
|
Maximum Number of Stories
|
2.5
|
|
MINIMUM SETBACKS
| |
|
Front Yard
|
30 Feet
|
|
Front Yard for Accessory Use
|
15 Feet
|
|
Rear Yard
|
25 Feet
|
|
Rear Yard for Accessory Use
|
10 Feet
|
|
Each Side Yard
|
10 Feet
|
|
Side Yard (Street facing for a corner lot)
|
20 Feet
|
|
LOT COVERAGE
| |
|
Maximum Building Coverage
|
30%
|
|
Maximum Impervious Coverage
|
60%
|
|
Floor Area Ratio
|
0.75
|
B.
Urban One Family Detached. A building
on a comparatively smaller lot (than suburban single family) that
contains one dwelling unit and hat is not attached to any other dwelling
by any means and is surrounded by open space and yards.
Massing and Architectural Character
(1)
Permitted in Zones: R2.
(2)
Development Standards.
(a)
Lot: Urban One Family lots can not be subdivided, and shall
not have more than one ownership.
(c)
Pedestrian Access: The structure shall have a front (primary)
and a rear entrance.
(d)
Vehicular Access and Parking: Parking may be accessed from the
alley/driveway or side street and from the front only when there is
no alley or side street.
(e)
Landscaping: Minimum 10% of the lot area.
(f)
Fenestration: Minimum 20% of the each facade area.
(g)
Miscellaneous: The building may have a flat roof, however a
pitched roof is encouraged.
(3)
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
|
Bulk Standards - Urban One Family Detached
| |
|---|---|
|
Minimum Lot Area
|
5,000 Square Feet
|
|
Minimum Lot Width
|
50 Feet
|
|
Density (Max. Dwelling Units per Acre)
|
8.8
|
|
HEIGHT
| |
|
Maximum Height
|
35 Feet
|
|
Maximum Number of Stories
|
2.5
|
|
MINIMUM SETBACKS
| |
|
Front Yard
|
20 Feet
|
|
Front Yard for Accessory Use
|
15 Feet
|
|
Rear Yard
|
25 Feet
|
|
Rear Yard for Accessory Use
|
10 Feet
|
|
Each Side Yard
|
8 Feet
|
|
Side Yard (Street facing for a corner lot)
|
15 Feet
|
|
LOT COVERAGE
| |
|
Maximum Building Coverage
|
40%
|
|
Maximum Impervious Coverage
|
70%
|
|
Floor Area Ratio
|
1.00
|
C.
One Family Attached (Townhouse Development). A building that contains one dwelling unit and that is attached
to adjacent dwelling units on the same or adjoining lots, on either
and/or both sides with a common side wall and has open space in front
and rear yard.
Massing and Architectural Character
(1)
Permitted in Zones: R2, R3, MX1.
(2)
Development Standards.
(a)
Lot and Units:
[1]
A townhouse development can have minimum four and
maximum four dwelling units on the same lot.
[2]
Each unit in a townhouse development must be independent
of the others.
[3]
No unit shall be located over another unit.
[4]
Privileged Yard: The required average privileged
yard areas shall be not less than 2,000 square feet.
(c)
Pedestrian Access: The unit shall have a separate front and
a rear entrance.
(d)
Vehicular Access and Parking: Parking may be accessed from the
alley/driveway or side street and from the front only when there is
no alley or side street.
(e)
Landscaping: Minimum 10% of the lot area.
(f)
Fenestration: Minimum 20% of the each facade area.
(g)
Miscellaneous: Each dwelling unit shall front on either a pubic
street or a private internal street.
(3)
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
|
Bulk Standards - One Family Attached (Townhouse Development)
| |
|---|---|
|
Minimum Lot Area
|
20,000 Square Feet
|
|
Minimum Lot Width
|
100 Feet
|
|
Density (Max. Dwelling Units per Acre)
|
17.5
|
|
HEIGHT
| |
|
Maximum Height
|
35 Feet
|
|
Maximum Number of Stories
|
2.5
|
|
MINIMUM SETBACKS
| |
|
Front Yard
|
10 Feet
|
|
Rear Yard
|
30 Feet
|
|
Each Side Yard
|
20 Feet
|
|
Side Yard (Street facing for a corner lot)
|
25 Feet
|
|
LOT COVERAGE
| |
|
Maximum Building Coverage
|
60%
|
|
Maximum Impervious Coverage
|
75%
|
|
Floor Area Ratio
|
1.20
|
D.
Two Family. A building on a single
lot that contains two dwelling units, each of which is separated from
the other by an unpierced wall extended from ground to roof or an
unpierced ceiling and floor extending from exterior wall to exterior
wall.
Massing and Architectural Character
(1)
Permitted in Zones: R2.
(2)
Development Standards.
(c)
Pedestrian Access: Each unit shall have a separate front and
a rear entrance.
(d)
Vehicular Access and Parking: Parking may be accessed from the
alley/driveway or side street and from the front only when there is
no alley or side street.
(e)
Landscaping: Minimum 10% of the lot area.
(f)
Fenestration: Minimum 20% of the each facade area.
(g)
Miscellaneous: The building may have a flat roof, however a
pitched roof is encouraged.
(3)
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
|
Bulk Standards - Two Family
| |
|---|---|
|
Minimum Lot Area
|
5,000 Square Feet
|
|
Minimum Lot Width
|
40 Feet
|
|
Density (Max. Dwelling Units per Acre)
|
17.5
|
|
HEIGHT
| |
|
Maximum Height
|
40 Feet
|
|
Maximum Number of Stories
|
3
|
|
MINIMUM SETBACKS
| |
|
Front Yard
|
20 Feet
|
|
Front Yard for Accessory Use
|
15 Feet
|
|
Rear Yard
|
25 Feet
|
|
Rear Yard for Accessory Use
|
10 Feet
|
|
Each Side Yard
|
8 Feet
|
|
Side Yard (Street facing for a corner lot)
|
15 Feet
|
|
LOT COVERAGE
| |
|
Maximum Building Coverage
|
40%
|
|
Maximum Impervious Coverage
|
75%
|
|
Floor Area Ratio
|
1.00
|
E.
Three Family. A building on a single
lot that contains three dwelling units, each of which is separated
from the other by an unpierced wall extended from ground to roof or
an unpierced ceiling and floor extending from exterior wall to exterior
wall.
Massing and Architectural Character
(1)
Permitted in Zones: R3, MX1.
(2)
Development Standards.
(c)
Pedestrian Access: The structure shall have a front and a rear
entrance that may be common for all three units.
(d)
Vehicular Access and Parking: Parking may be accessed from the
alley/driveway or side street and from the front only when there is
no alley or side street.
(e)
Landscaping: Minimum 10% of the lot area.
(f)
Fenestration: Minimum 20% of the each facade area.
(g)
Miscellaneous: The building may have a flat roof, however a
pitched roof is encouraged.
(3)
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
|
Bulk Standards - Three Family
| |
|---|---|
|
Minimum Lot Area
|
5,000 Square Feet
|
|
Minimum Lot Width
|
40 Feet
|
|
Density (Max. Dwelling Units per Acre)
|
26
|
|
HEIGHT
| |
|
Maximum Height
|
40 Feet
|
|
Maximum Number of Stories
|
3
|
|
MINIMUM SETBACKS
| |
|
Front Yard
|
20 Feet
|
|
Front Yard for Accessory Use
|
15 Feet
|
|
Rear Yard
|
25 Feet
|
|
Rear Yard for Accessory Use
|
10 Feet
|
|
Each Side Yard
|
8 Feet
|
|
Side Yard (Street facing for a corner lot)
|
15 Feet
|
|
LOT COVERAGE
| |
|
Maximum Building Coverage
|
40%
|
|
Maximum Impervious Coverage
|
75%
|
|
Floor Area Ratio
|
1.00
|
F.
Low Rise Multifamily. An apartment
building with two to four regular residential floor levels.
Massing and Architectural Character
(1)
Permitted in Zones: R3, R4, MX1.
(2)
Development Standards.
(a)
Lot and Units: There can be one or more buildings on the same
lot depending on the lot area.
(e)
Open Space: Minimum 10% of the lot area.
(f)
Fenestration: Minimum 20% of the each facade area.
(g)
Miscellaneous:
[1]
Required open space can be located on the ground
or on the green roof or courtyard.
[2]
Courts: Where there is an open space between opposite
walls of single principal building, the width shall be two-thirds
(2/3) the average height of said opposite walls, but in no case shall
the depth of said open space exceed two times said width. The minimum
distance between separate buildings on the same lot shall be 2/3 the
average height of the building and not less than 20 feet.
(3)
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
|
Bulk Standards - Low Rise Multifamily
| |
|---|---|
|
Minimum Lot Area
|
10,000 Square Feet
|
|
Minimum Lot Width
|
100 Feet
|
|
Density (Max. Dwelling Units per Acre)
|
50
|
|
HEIGHT
| |
|
Maximum Height
|
50 Feet
|
|
Maximum Number of Stories
|
4
|
|
MINIMUM SETBACKS
| |
|
Front Yard
|
10 Feet
|
|
Rear Yard
|
10 Feet
|
|
Each Side Yard
|
10 Feet
|
|
Side Yard (Street facing for a corner lot)
|
10 Feet
|
|
LOT COVERAGE
| |
|
Maximum Building Coverage
|
70%
|
|
Maximum Impervious Coverage
|
90%
|
|
Floor Area Ratio
|
1.50
|
G.
Mid Rise Multifamily. An apartment
building with five to eight regular residential floor levels.
Massing and Architectural Character
(1)
Permitted in Zones: R4, MX1, MX2.
(2)
Development Standards.
(a)
Lot and Units: There can be one or more buildings on the same
lot depending on the lot area.
(e)
Landscaping: Minimum 10% of the lot area located on ground and/or
green roof or courtyard.
(f)
Fenestration: Minimum 20% of the wall area.
(g)
Miscellaneous:
[1]
Required open space can be located on the ground
or on the green roof or courtyard.
[2]
Courts: Where there is an open space between opposite
walls of single principal building, the width shall be 2/3 the average
height of said opposite walls, but in no case shall the depth of said
open space exceed two times said width. The minimum distance between
separate buildings on the same lot shall be 2/3 the average height
of the building and not less than 20 feet.
(3)
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
|
Bulk Standards - Mid Rise Multifamily
| |
|---|---|
|
Minimum Lot Area
|
10,000 Square Feet
|
|
Minimum Lot Width
|
100 Feet
|
|
Density (Max. Dwelling Units per Acre)
|
100
|
|
HEIGHT
| |
|
Maximum Height
|
90 Feet
|
|
Maximum Number of Stories
|
5
|
|
Maximum Number of Stories
|
8
|
|
Maximum Number of Stories within first 25 feet from the street
|
5
|
|
MINIMUM SETBACKS
| |
|
Front Yard
|
10 Feet
|
|
Rear Yard
|
10 Feet
|
|
Each Side Yard
|
10 Feet
|
|
Side Yard (Street facing for a corner lot)
|
10 Feet
|
|
LOT COVERAGE
| |
|
Maximum Building Coverage
|
70%
|
|
Maximum Impervious Coverage
|
90%
|
|
Floor Area Ratio
|
3.00
|
H.
High Rise Multifamily. An apartment
building with nine to 15 regular residential floor levels.
Massing and Architectural Character
(1)
Permitted in Zones: R4, MX3, CBD.
(2)
Development Standards.
(a)
Lot and Units: There can be one or more buildings on the same
lot depending on the lot area.
(c)
Pedestrian Access: The structure shall have a front and a rear
entrance.
(d)
Vehicular Access and Parking:
(e)
Open Space: Minimum 10% of the lot area.
(f)
Fenestration: Minimum 20% of the wall area.
(g)
Miscellaneous: Required open space can be located on the ground
or on the green roof or courtyard.
(3)
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
|
Bulk Standards - High Rise Multifamily
| |
|---|---|
|
Minimum Lot Area
|
10,000 Square Feet
|
|
Minimum Lot Width
|
100 Feet
|
|
Density (Max. Dwelling Units per Acre)
|
200
|
|
HEIGHT
| |
|
Maximum Height
|
160 Feet
|
|
Minimum Number of Stories
|
9
|
|
Maximum Number of Stories
|
15
|
|
Maximum Number of Stories within first 25 feet from the street
|
5
|
|
MINIMUM SETBACKS
| |
|
Front Yard
|
10 Feet
|
|
Rear Yard
|
10 Feet
|
|
Each Side Yard
|
10 Feet
|
|
Side Yard (Street facing for a corner lot)
|
10 Feet
|
|
LOT COVERAGE
| |
|
Maximum Building Coverage
|
70%
|
|
Maximum Impervious Coverage
|
90%
|
|
Floor Area Ratio
|
6.00
|
I.
Detached Commercial. A building that
has one or more different commercial uses such as retail, office etc.
Massing and Architectural Character
(1)
Permitted in Zones: MX1, MX2, MX3, CBD.
(2)
Development Standards.
(a)
Lot: There can be one or more buildings on the lot with one
or more owners/tenants.
(d)
Vehicular Access and Parking:
(e)
Open Space: Minimum 10% of the lot area.
(f)
Fenestration: Minimum 40% of the wall area.
(g)
Miscellaneous: Required open space can be located on the ground
or on the green roof or courtyard.
(3)
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
|
Bulk Standards - Detached Commercial
| |
|---|---|
|
Minimum Lot Area
|
5,000 Square Feet
|
|
Minimum Lot Width
|
50 Feet
|
|
HEIGHT
| |
|
Maximum Height (MX1 and MX2)
|
70 Feet
|
|
Maximum Number of Stories
|
5
|
|
Maximum Height (MX3 and CBD)
|
105 Feet
|
|
Maximum Number of Stories
|
8
|
|
Maximum Number of Stories within first 20 feet from the street
|
5
|
|
Minimum Ground Floor Height
|
14 Feet
|
|
MINIMUM SETBACKS
| |
|
Front Yard
|
5 Feet
|
|
Rear Yard (abutting residential)
|
20 Feet
|
|
Rear Yard (abutting other uses)
|
15 Feet
|
|
Each Side Yard (abutting residential)
|
10 Feet
|
|
Each Side Yard (abutting other uses)
|
5 Feet
|
|
Side Yard (Street facing for a corner lot)
|
5 Feet
|
|
LOT COVERAGE
| |
|
Maximum Building Coverage
|
60%
|
|
Maximum Impervious Coverage
|
90%
|
|
Floor Area Ratio (MX1 and MX2)
|
2.50
|
|
Floor Area Ratio (MX3 and CBD)
|
4.50
|
J.
Mixed Use: Low Rise. A mixed use building
that has maximum three residential floors over ground floor commercial.
Massing and Architectural Character
(1)
Permitted in Zones: MX1, MX2.
(2)
(3)
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
|
Bulk Standards — Mixed Use: Low Rise
| |
|---|---|
|
Minimum Lot Area
|
5,000 Square Feet
|
|
Minimum Lot Width
|
50 Feet
|
|
HEIGHT
| |
|
Maximum Height (MX1 and MX2)
|
50 Feet
|
|
Maximum Number of Stories
|
4
|
|
Minimum Ground Floor Height
|
14 Feet
|
|
MINIMUM SETBACKS
| |
|
Front Yard
|
0 Feet
|
|
Rear Yard (abutting residential)
|
25 Feet
|
|
Rear Yard (abutting other uses)
|
20 Feet
|
|
Each Side Yard
|
5 Feet
|
|
Side Yard (Street facing for a corner lot)
|
5 Feet
|
|
LOT COVERAGE
| |
|
Maximum Building Coverage
|
70%
|
|
Maximum Impervious Coverage
|
90%
|
|
Floor Area Ratio
|
2.00
|
|
Note: If the Front Yard Setback exceeds 0 Feet, a minimum of
5 Feet is to be provided.
|
K.
Mixed Use: Mid Rise. A mixed use building
that has four to seven residential floors over ground floor commercial.
Massing and Architectural Character
Illustration of building massing and siting
Illustration of a lot plan
|
Bulk Standards — Mixed Use: Mid Rise
| |
|---|---|
|
Minimum Lot Area
|
5,000 Square Feet
|
|
Minimum Lot Width
|
50 Feet
|
|
HEIGHT
| |
|
Maximum Height
|
95 Feet
|
|
Minimum Number of Stories
|
5
|
|
Maximum Number of Stories
|
8
|
|
Minimum Ground Floor Height
|
14 Feet
|
|
Maximum Number of Stories within first 25 feet from the street
|
5
|
|
MINIMUM SETBACKS
| |
|
Front Yard
|
0 Feet
|
|
Rear Yard (abutting residential)
|
25 Feet
|
|
Rear Yard (abutting other uses)
|
20 Feet
|
|
Each Side Yard
|
5 Feet
|
|
Side Yard (Street facing for a corner lot)
|
5 Feet
|
|
LOT COVERAGE
| |
|
Maximum Building Coverage
|
70%
|
|
Maximum Impervious Coverage
|
90%
|
|
Floor Area Ratio
|
4.00
|
|
Note: If the Front Yard Setback exceeds 0 Feet, a minimum of
5 Feet is to be provided.
|
L.
Mixed Use: High Rise. A mixed use building
with nine to 15 floor levels with varied floor heights depending on
the uses.
Massing and Architectural Character
(1)
Permitted in Zones: MX3, CBD.
(2)
Development Standards.
(3)
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
|
Bulk Standards — Mixed Use: High Rise
| |
|---|---|
|
Minimum Lot Area
|
10,000 Square Feet
|
|
Minimum Lot Width
|
100 Feet
|
|
HEIGHT
| |
|
Maximum Height
|
50 Feet
|
|
Minimum Number of Stories
|
9
|
|
Maximum Number of Stories
|
15
|
|
Maximum Number of Commercial Stories
|
5
|
|
Minimum Ground Floor Height
|
14 Feet
|
|
Maximum Number of Stories within first 25 feet from the street
|
5
|
|
MINIMUM SETBACKS
| |
|
Front Yard
|
0 Feet
|
|
Rear Yard (abutting residential)
|
25 Feet
|
|
Rear Yard (abutting other uses)
|
20 Feet
|
|
Each Side Yard
|
10 Feet
|
|
Side Yard (Street facing for a corner lot)
|
5 Feet
|
|
LOT COVERAGE
| |
|
Maximum Building Coverage
|
75%
|
|
Maximum Impervious Coverage
|
90%
|
|
Floor Area Ratio
|
6.00
|
|
Notes: 1) If the Front Yard Setback exceeds 0 Feet, a minimum
of 5 Feet is to be provided. 2) If the lot is bigger than 10,000 Square
Feet, the maximum number of stories within 40 feet from the street
shall be 9.
|
M.
Medical Facilities. A building consisting
of uses associated with the diagnosis, treatment, and care of human
beings. These include: hospitals; dental services; medical services
or clinics; nursing, convalescent homes; orphan's homes; rest homes;
sanitariums.
Massing and Architectural Character
(1)
Permitted in Zones: MX2, MX3, CBD.
(2)
(3)
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
|
Bulk Standards — Medical Facilities
| |
|---|---|
|
Minimum Lot Area
|
10,000 Square Feet
|
|
Minimum Lot Width
|
100 Feet
|
|
HEIGHT
| |
|
Maximum Height
|
120 Feet
|
|
Maximum Number of Stories
|
10
|
|
MINIMUM SETBACKS
| |
|
Front Yard
|
5 Feet
|
|
Rear Yard
|
25 Feet
|
|
Each Side Yard (abutting residential)
|
10 Feet
|
|
Each Side Yard (abutting other uses)
|
5 Feet
|
|
Side Yard (Street facing for a corner lot)
|
10 Feet
|
|
LOT COVERAGE
| |
|
Maximum Building Coverage
|
65%
|
|
Maximum Impervious Coverage
|
90%
|
|
Floor Area Ratio
|
5.00
|
N.
School. An institution for the teaching
of children or adults including primary and secondary schools, colleges,
professional schools, dance schools, business schools, trade schools,
art schools, and similar facilities.
Massing and Architectural Character
(1)
Permitted in Zones: MX3, CBD.
(2)
Development Standards.
(a)
Lot: There may be one or more buildings on the lot depending
on the number of users and activities.
(e)
Open Space: Minimum 10% of the lot area.
(f)
Fenestration: Minimum 30% of the wall area.
(g)
Miscellaneous: In addition to required open space there shall
be semi-open/open active recreational areas for students.
(3)
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
|
Bulk Standards — School
| |
|---|---|
|
Minimum Lot Area
|
10,000 Square Feet
|
|
Minimum Lot Width
|
100 Feet
|
|
HEIGHT
| |
|
Maximum Height
|
60 Feet
|
|
Maximum Number of Stories
|
5
|
|
MINIMUM SETBACKS
| |
|
Front Yard
|
5 Feet
|
|
Rear Yard
|
25 Feet
|
|
Each Side Yard (abutting residential)
|
10 Feet
|
|
Each Side Yard (abutting other uses)
|
5 Feet
|
|
Side Yard (Street facing for a corner lot)
|
10 Feet
|
|
LOT COVERAGE
| |
|
Maximum Building Coverage
|
65%
|
|
Maximum Impervious Coverage
|
90%
|
|
Floor Area Ratio
|
4.00
|
O.
Place of Worship. A building, together
with its accessory buildings and use, where persons regularly assemble
for religious purposes and related social events and which building,
together with its accessory buildings and uses, is maintained and
controlled by a religious body organized to sustain religious ceremonies
and purposes. Includes churches, chapels, cathedrals, temples, and
similar designations
Massing and Architectural Character
(1)
Permitted in Zones: MX1, MX2, MX3, CBD.
(a)
Existing structures in other zones shall be grandfathered.
(2)
Development Standards.
(a)
Lot: There shall be only one primary building on the lot.
(c)
Pedestrian Access: The structure shall have a primary front
entrance and one or more other entrances as per the design.
(e)
Open Space: Minimum 10% of the lot area.
(f)
Fenestration: Minimum 15% of the wall area.
(g)
Miscellaneous: Architectural elements such as towers, cupolas
etc. may exceed permitted height by maximum 10%.
(3)
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
|
Bulk Standards — Place of Worship
| |
|---|---|
|
Minimum Lot Area
|
5,000 Square Feet
|
|
Minimum Lot Width
|
50 Feet
|
|
HEIGHT
| |
|
Maximum Height (excluding architectural elements such as tower
etc.)
|
35 Feet
|
|
Total Maximum Height
|
60 Feet
|
|
Maximum Number of Stories
|
2.5
|
|
MINIMUM SETBACKS
| |
|
Front Yard
|
10 Feet
|
|
Rear Yard
|
25 Feet
|
|
Each Side Yard (abutting residential)
|
10 Feet
|
|
Each Side Yard (abutting other uses)
|
5 Feet
|
|
Side Yard (Street facing for a corner lot)
|
10 Feet
|
|
LOT COVERAGE
| |
|
Maximum Building Coverage
|
65%
|
|
Maximum Impervious Coverage
|
90%
|
|
Floor Area Ratio
|
2.00
|
P.
Community/Recreation Center. A building
or a structure to be used as a place of meeting, recreation, or social
activity. Generally open to the public and designed to accommodate
and serve significant segments of the community. May also be referred
to is a convention center or civic center.
Massing and Architectural Character
(1)
Permitted in Zones: MX1, MX2, MX3, CBD.
(2)
Development Standards.
(3)
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
|
Bulk Standards — Community/Recreation Center
| |
|---|---|
|
Minimum Lot Area
|
5,000 Square Feet
|
|
Minimum Lot Width
|
50 Feet
|
|
HEIGHT
| |
|
Maximum Height
|
60 Feet
|
|
Maximum Number of Stories
|
5
|
|
MINIMUM SETBACKS
| |
|
Front Yard
|
5 Feet
|
|
Rear Yard
|
20 Feet
|
|
Each Side Yard (abutting residential)
|
10 Feet
|
|
Each Side Yard (abutting other uses)
|
5 Feet
|
|
Side Yard (Street facing for a corner lot)
|
10 Feet
|
|
LOT COVERAGE
| |
|
Maximum Building Coverage
|
65%
|
|
Maximum Impervious Coverage
|
90%
|
|
Floor Area Ratio
|
3.00
|
Q.
Structured Parking. A structure or
portion thereof composed of one or more levels or floors used exclusively
for the parking or storage of motor vehicles. A parking structure
may be totally above grade or a combination of below grade and above
grade with those levels being either open or enclosed.
Massing and Architectural Character
(1)
Permitted in Zones: R4, MX1, MX2, MX3, CBD.
(2)
Development Standards.
(a)
Lot: Can be located on a separate lot as an independent use
or as an accessory use for any other uses.
(b)
Building Siting: 80% building coverage can be located anywhere
on the lot within the buildable area.
(c)
Pedestrian Access: The structure shall have at least one pedestrian
access point connected to a sidewalk.
(d)
Vehicular Access and Parking: Parking may be accessed from the
alley or side street and from the front only when there is no alley
or side street.
(f)
Miscellaneous: A proper facade treatment (see design standards)
is shall be provided to screen the parking from adjacent uses.
(3)
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
|
Bulk Standards - Structured Parking
| |
|---|---|
|
Minimum Lot Area
|
7,500 Square Feet
|
|
Minimum Lot Width
|
75 Feet
|
|
HEIGHT
| |
|
Maximum Height
|
70 Feet
|
|
Maximum Number of Stories
|
6
|
|
MINIMUM SETBACKS
| |
|
Front Yard
|
5 Feet
|
|
Rear Yard
|
15 Feet
|
|
Each Side Yard (abutting residential)
|
10 Feet
|
|
Each Side Yard (abutting other uses)
|
5 Feet
|
|
Side Yard (Street facing for a corner lot)
|
5 Feet
|
|
LOT COVERAGE
| |
|
Maximum Building Coverage
|
80%
|
[Amended 11-4-2020 by Ord. No. 48-2020]
Any residential lot existing at the time of the adoption of
this chapter.[1]
[Amended 11-4-2020 by Ord. No. 48-2020]
In any residential district on any corner lot, no fence, structure
or planting over four feet in height above the curb line, except deciduous
trees, shall be erected or maintained within 20 feet of the intersecting
street lines so as to interfere with traffic visibility across the
corner.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Where a Mixed Use or CBD Zone abuts a residential district. Where
a nonresidential use in a Mixed Use or CBD Zone abuts a residential
zone, a buffer strip shall be provided having a minimum width of 15
feet for the full length of the abutment and shall be landscaped to
such a degree so as to provide a visual screen between the two parcels.
No parking, loading or storage shall be permitted in the required
buffer area.
[Amended 11-4-2020 by Ord. No. 48-2020]
Every lot must provide front, rear and side building and parking
setback yards as required in its zoning district. All front yards
must face upon a dedicated public street or private street approved
by the Planning Board, and no lot may contain more than one principal
building except retail shopping centers and retail plazas.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
In residential zones, no accessory building and no fence exceeding
a height of four feet shall be erected in any required front yard.
No stockade-type fence shall be permitted in the front yard. An accessory
building shall not exceed 12 feet in height and shall be at least
10 feet from any dwelling and at least six feet from any other accessory
building on the lot.
B.
In the Mixed Use Zones, Off-street parking is permitted in the front
yard, provided that no such parking is nearer than 10 feet to the
front street property line and that such ten-foot strip is planted
and landscaped and maintained, except for necessary entrance drives.
C.
Off-street parking shall be placed only to the rear or side of structures
fronting on Main Street but in no case shall any parking space be
placed closer than 50 feet to Main Street.
D.
Off-street parking is permitted in the side yard, provided that no
such parking is nearer than four feet to the side property line and
that such four-foot strip is planted and landscaped and maintained,
except for necessary entrance drives.
E.
Off- street parking is permitted in the side yard, provided that
on a corner lot such parking shall meet the front yard regulations.
F.
Where an alley separates a Mixed Use zone from a residential zone,
1/2 of the full alley may be counted as part of the required yard.
Off-street parking is permitted in the rear yard provided that no
parking area shall be nearer than five feet to any zone boundary line.
G.
Where a nonresidential use in a Mixed Use or CBD Zone abuts a residential
zone, a buffer strip shall be provided having a minimum width of 15
feet for the full length of the abutment and shall be landscaped to
such a degree so as to provide a visual screen between the two parcels.
No parking, loading or storage shall be permitted in the required
buffer area.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
No accessory structure or improvement may be built or maintained
upon any lot on which there is no principal building or structure.
B.
Accessory structures and improvements in all zones shall not exceed
the height regulations of the principal building and shall adhere
to all building setbacks for principal uses in that zone district.
C.
Accessory structures and improvements that are 60 feet or more from
any street line are permitted three feet from any lot lines.
D.
Where a corner lot adjoins the side yard of an adjacent lot or lots,
no part of an accessory structure or improvement and no part of the
principal structure within 25 feet of such common lot line shall be
nearer the street than the full front yard. In either case, the side
yard requirements of the zoning district shall be met. An owner of
a corner lot may, in his application for a building permit, designate
on which street the twenty-five-foot street setback should apply,
whether or not his building will front on that street, and, subject
to limitations of this subsection, the side yards and rear yard shall
be located as if the building fronted on the street designated.
E.
Where fences are permitted as an accessory use, no barbed wire, razor
wire or similar hazardous design is allowed. A wall is not considered
a fence and is thus not a permitted accessory use. The maximum height
of a fence in a residential zone is four feet in the front yard. The
maximum height of a fence in a commercial or industrial zone is 10
feet in any yard. Stockade and similar fences are not permitted in
the front yards of any zone. A fence constructed so as to totally
screen a lot from view or screens a lot from view for 10 or more feet
in length is not permitted in the front yards of any zone. The maximum
height of a fence for a recreational use, in any zone district, can
be eight feet.
F.
Chain link fences are prohibited in residential zones.
G.
Fences shall be erected with the finished side facing away from the
property and shall be located entirely on the property (minimum three
inches away from the property boundary).
[Amended 11-4-2020 by Ord. No. 48-2020; 10-19-2021 by Ord. No. 54-2021; 2-6-2024 by Ord. No. 78-2023]
Required minimum parking in residential and nonresidential zones.
In all residential and nonresidential zoning districts, off-street
parking shall be furnished as follows:
|
Off-street Minimum Parking - Residential and Nonresidential
Zones
| |
|---|---|
|
Land or Building Use
|
Minimum Required Off-Street Parking Spaces
|
|
Single- and two-family residence
|
2 for each dwelling unit.
|
|
Studio, 1-bedroom, 2-bedroom dwelling unit in a multifamily
building (i.e., 3+ total units)
|
1.33 for each dwelling unit.
|
|
3+ bedroom dwelling unit in a multifamily building (i.e., 3+
total units)
|
2 for each dwelling unit.
|
|
Senior citizen housing
|
1 for each dwelling unit.
|
|
Hotel and Motel
|
1 for each bedroom, plus 1 for each 3 employees per shift.
|
|
Assembly Hall, auditorium, stadium, theater and church
|
1 for each 3 seats.
|
|
Bank, financial business office, professional office, retail
and service store or similar use, except where otherwise specifically
covered herein
|
1 for each 300 square feet of gross floor area.
|
|
Medical and dental practitioner or clinic
|
1 for each 1/4 practitioner, plus 1 for each employee. However,
in no event shall the number of parking spaces be less than 1 space
per 150 square feet of gross floor area.
|
|
Institutional Use, club, lodge, social community center building
or similar use
|
1 for each 250 square feet of gross floor area, plus 5 additional
spaces.
|
|
Funeral home and mortuary
|
1 for each 50 square feet of gross floor area devoted to chapel,
slumber rooms, parlors or individual funeral service rooms, plus 1
space for each car used with the services
|
|
Hospital, nursing home or similar use
|
1 for each bed, plus 1 for each 2 employees and/or professional
staff members on the day shift.
|
|
Restaurant (including fast-food), convention and/or banquet
facilities, tavern or similar use
|
1 for each 100 square feet of gross floor area for use of patrons
and 1 parking space for every 2 employees per shift.
|
|
Motor vehicle sale (new and used)
|
1 for each 200 square feet of gross floor area for customer
and employee use, exclusive of stored vehicles.
|
|
Auto repair garage and service station
|
1 for each 1/3 garage bay, plus 1 space for each employee, plus
1 space for each service vehicle, but in no case less than 1 space
for each 200 square feet of gross floor area.
|
|
Storage or Warehouse
|
1 for each 1,000 square feet of gross floor area or 1 for each
employee on the day shift, whichever requirement is greater.
|
|
Research Laboratory or industrial or manufacturing plant or
office
|
1 for each 700 square feet of gross floor area or 1 space for
each 1 1/2 employees on the day shift, whichever requirement
is greater.
|
|
Amusement center
|
1 for each 5 licensed amusement or mechanical device machines.
|
|
TVO
|
1 for each dwelling unit and a maximum of 1 per 500 square feet
of commercial space and a minimum of 1 per 1,000 square feet.
|
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
It shall be unlawful for any person, firm, corporation, common carrier
or governmental agency to erect, paint, alter, reword, locate or relocate,
reconstruct or change, in any manner, a sign or signs without first
having obtained and having in force and effect a permit from the Building
Inspector. Every sign for which a permit has been issued pursuant
to this chapter shall show the permit number thereon.
B.
Before any permit is granted for the erection, painting, alteration,
rewording, locating or relocating, reconstruction or change in any
manner of a sign or sign structure, an application, together with
plans and specifications, shall be filed with the Building Inspector,
showing the wording, coloration, dimensions, materials and details
of construction, including loads, stresses, support and anchorage.
The application shall be accompanied by the written consent of the
owner or lessee of the premises upon which the sign is to be erected
and all data which the Building Inspector may require to determine
if such sign complies with all provisions of this chapter, including
certification by an architect or a professional engineer of its structural
adequacy. The property owner shall be advised by the Building Inspector,
at the time of application for the permit to erect the sign, of his
prospective liability for the cost of removal in the event that the
permit-tee fails to do so.
[Amended 11-4-2020 by Ord. No. 48-2020]
Subject to the size limitations hereinafter provided, permits
shall not be required for signs of the following nature:
A.
One non-illuminated temporary sign pertaining to the sale or lease
of the premises upon which it is placed, not exceeding eight square
feet, provided that it shall be removed within seven days after the
consummation of a sale or lease, such sign to be no closer to the
street than the average setback line of the buildings on said street.
Corner properties shall be permitted two signs, which signs shall
each conform to the requirement as stated herein.
B.
Non-illuminated temporary signs pertaining to civic or philanthropic
activities or institutions, not exceeding eight square feet, which
sign shall not be maintained for a period exceeding 90 days.
C.
One non-illuminated temporary sign pertaining to construction, engineering
or architectural work or services on the site during the duration
of a building project or land improvement project, not exceeding eight
square feet, provided that it shall be removed within seven days after
completion of said building or land improvement project.
D.
The limitations or sign areas prescribed in this chapter shall not
apply to parking lot markers, directional signs or entrance and exit
signs erected on the premises, provided that each such sign does not
exceed three square feet in area and provided that the number and
location of such signs is approved by the Planning Board and the Traffic
Division of the Police Department, in writing.
E.
Temporary political signs provided that it is with the property owner's consent when posted on private property, that such signs are not illuminated and that they comply with all of the applicable provisions of § 210-30.3 and § 210-30.4 below. Temporary political signs posted on fire hydrants, fire and police call boxes, public telephone booths, public utility poles or similar public fixtures are expressly prohibited.
[Amended 11-4-2020 by Ord. No. 48-2020]
Prohibited signs are signs which:
A.
Contain statements, words or pictures of an obscene, indecent or
immoral character, such as will offend public morals or decency.
B.
Contain or are an imitation of an official traffic sign or signal
or contain the words "stop," "go," "slow," "caution," "danger," "warning,"
or similar words.
C.
Are of a size, location or movement, contain intermittent flashing,
content, coloring or manner or illumination which may be confused
with or construed as a traffic control device or which obstruct from
view signs or signals or vehicular traffic on a public street. In
the case of a lighted sign, the colors red, orange-red, green, blue-green
and yellow are prohibited within 100 feet of an intersection. Floodlights
used for the illumination of signs where such floodlights create interference
with traffic visibility shall be prohibited. Signs with a maximum
surface brightness, whether it is internally or externally illuminated,
exceeding 250-foot candles are prohibited.
D.
Move in any manner or have a major moving part, except action signs
containing time and temperature changes.
E.
Contain or consist of banners, posters, pennants, ribbons, streamers,
strings of light bulbs, spinners, balloons, kites or other similarly
moving devices. These devices, when not part of any sign, are similarly
prohibited. This provision shall not prohibit the installation of
a temporary banner properly secured, in accordance with the Building
Inspector's approval.
F.
Use the surface of sidewalks, roads and driveways, except municipal
traffic control signs.
G.
Project beyond any roof line of any building for which the sign is
proposed.
H.
Are defined as billboards or signboards.
I.
Are not attached directly to the premises wherein the sign's message
refers.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Any sign now or hereafter erected or maintained, which no longer
advertises a bona fide business conducted or product sold or notice
of a current or future event shall be taken down and removed by the
permittee or by the owner of the premises or, if there is no permittee,
within 90 days after such business ceases, such product ceases to
be sold or such event occurs. Upon failure to comply, the Building
Inspector is hereby authorized to cause removal of such sign, and
any expense incident thereto shall be paid by the permittee or owner
of the premises upon which the sign is located. The Building Inspector
shall thereafter refuse to issue a permit for the erection of any
sign in the City of Orange Township to any permittee or property owner
who refused to pay the costs of such removal.
B.
Any sign, which has been erected illegally, shall be removed from
said premises within 10 days from receipt of a written order to do
so from the Building Inspector.
C.
No new advertising sign structure (billboard) shall be permitted
to be erected in any district. Any existing sign structure shall be
permitted to be maintained, including customary posting and painting,
but shall not be permitted to be enlarged in size or be relocated.
D.
Any legally erected sign or sign structure which is nonconforming
at the time of enactment of this chapter may be continued in use,
maintained or modernized or structurally improved, but not enlarged,
subject to all other provisions of this chapter.
E.
Temporary political signs shall be removed within 10 days after the
last day of the event to which they pertain. Signs erected on public
land, contrary to the provisions of this chapter, are subject to immediate
removal.
[Amended 11-4-2020 by Ord. No. 48-2020]
In the R-1 and R-2 Residential Zones, the following signs only
shall be permitted:
A.
One customary professional sign or nameplate sign, not more than
144 square inches in area, which may be either a non-illuminated or
illuminated non-flashing sign, provided that the direct source of
light is shielded in such a manner that it is not visible from the
street or any adjoining property.
C.
A sign or signs, aggregating not more than 12 square feet in area,
advertising the name of a church on the premises, its pastor and its
coming activities.
(1)
None of the signs permitted in the residential districts shall
be erected nearer any street or road than 1/2 the setback required
for the principal building on said lot, provided that a nameplate
sign, not more than 72 square inches in area, as regulated above,
may be placed anywhere within the front yard.
(2)
A sign deemed necessary to the public welfare and authorized
by the governing body.
[Amended 11-4-2020 by Ord. No. 48-2020]
In the R-3 and R-4 Residential Zones, the following signs shall
be permitted:
A.
All signs as permitted in the R-1 and R-2 Residential Zones, except
that the customary professional sign or nameplate, as regulated above,
may be increased to a total area of four square feet when attached
on any entrance wall or a wall facing on a street, provided that such
sign shall not extend further than three inches from the face of the
building wall to which it is attached.
B.
A professional or business office building shall be permitted a sign
which shall not exceed 3% of the square foot area of the face of an
entrance wall or a wall facing on a street on which the sign is attached.
Such sign shall be a flat sign attached and parallel to the face of
the building wall and shall not exceed 30 inches in height.
[Amended 11-4-2020 by Ord. No. 48-2020]
In the MX-1 and MX-3 Zones, the following signs only shall be
permitted:
B.
Signs may be erected on any entrance wall or wall facing on a street,
provided that all of the following requirements are met:
(1)
No business establishment shall have a total of more than three
signs per storefront, provided that the total sign area for all signs
permitted on the face of any storefront to which such sign or signs
are attached shall not exceed 10% of the area of the face of the storefront
to which such sign or signs are attached.
(2)
All signs shall be flat signs, attached and parallel to the
face of the building wall and complying with the following requirements:
(a)
No sign shall extend further than 15 inches from the face of
the building upon which it is attached, provided, however, that where
a sign extends more than three inches from the face of said wall,
the bottom of said sign shall not be closer than 10 feet from the
ground level below said sign.
(b)
The maximum height of any single sign shall not exceed five
feet, and the maximum width shall not exceed 90% of the width of the
storefront to which the sign is attached.
(3)
No sign shall be lighted by means of flashing or intermittent
illumination. All lights used for the illumination of business establishments
or for the illumination of business buildings or areas surrounding
them or for the illumination or display of merchandise or products
of business establishments shall be completely shielded from view
of vehicular traffic using the road or roads abutting such business
properties. Floodlights used for the illumination of said premises
or any sign thereon, whether or not such floodlights are attached
to or separate from the building, shall not project above the highest
elevation of the front wall of the building.
(4)
No sign as permitted shall extend or project above the highest
elevation of the wall to which it is attached.
(5)
Where a building has a canopy or marquee constructed as an integral
part of said building, the front line of said canopy or marquee shall
be construed as being the face of the building.
(6)
Business buildings located on corner lots shall be construed
as having frontage on both streets and signs, as regulated in this
section shall be permitted accordingly.
(7)
The rear of a business building, where an off-street parking
area is available at the rear of such premises and is being utilized
for the off-street parking of motor vehicles, shall be construed as
having frontage at the rear of said building, and one additional sign
per business establishment, as regulated in this section, shall be
permitted on the rear of such building.
C.
All uses in the Mixed Use Zones which provide off-street parking per § 210-29, Parking Requirements, shall be allowed one non moving, freestanding or pylon sign, provided that:
(1)
Said sign shall not exceed 50 square feet on either face of
a two sided sign.
(2)
Said sign shall not be less than 10 feet above the ground nor
more than 25 feet in height.
(3)
Said sign shall be placed no closer than five feet from the
front property line (which abuts a public street) and said sign shall
conform to all side yard requirements for the principal building.
[Amended 11-4-2020 by Ord. No. 48-2020]
In the CBD Zone, the following signs only shall be permitted:
B.
All signs as permitted in the Mixed Use Zones.
C.
One freestanding sign, provided that:
(1)
Said sign is not placed in the front half of the setback required
for the principal building and is accessory to the business conducted
on the property.
(2)
Said sign complies with the side yard requirements for the principal
building.
(3)
The length of the permitted sign is not over 10% of the width
of the building that the sign will sit in front of.
(4)
The height of said sign shall not exceed 1/2 the length as permitted
above, but in no case shall the height of the sign exceed 10 feet.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Regulations applicable to all signs. In addition to restrictions
elsewhere in this chapter, all signs must comply with the following
regulations:
(1)
No person may affix any sign in any public place without obtaining
the required permit(s) unless said sign is exempt from permit requirements.
(2)
No sign or banner may be affixed to any tree.
(3)
No sign may be attached, in any form or manner, which will interfere
with any opening required for ventilation or with any architectural
detail, unless approved in writing by the Construction Official.
(4)
No sign, including any supporting structure, may be attached
in any manner to a fire escape.
(5)
No sign may be placed or located so as to obstruct the view
of oncoming vehicular traffic.
(6)
Each sign must be maintained to ensure its good condition and
appearance.
(7)
A sign must be positioned in the natural architectural sign
band on a building facade if one exists. If such sign band does not
exist, the bottom of the sign may not be positioned to go more than
12 inches above the top of the display window or awning.
(8)
No sign may consist of more than three colors, including the
background color, excepting logos or symbols. Lettering must give
a consistent and professional appearance.
(9)
All signs must comply with all applicable provisions of the
Uniform Construction Code, particularly but not exclusively the Electrical
Subcode, in accordance with which all lighting devices must be installed
and maintained.
(10)
A change of business name or any other item of information on
an existing sign constitutes a new sign and requires a permit.
B.
All illuminated signs are subject to the following additional limitations:
(1)
For internally illuminated signs, the source of illumination
itself must not be visible.
(2)
The light from any illuminated sign shall be so shaded, shielded
or directed that the light intensity brightness will not be objectionable
to surrounding areas.
(3)
No sign shall have blinking, flashing, strobe or fluttering
lights or any other illuminating devices which have a changing light
intensity, brightness or color, except for time and temperature. Beacon
lights are not permitted.
(4)
Neither the direct nor reflected light from primary light sources
shall create a traffic hazard to operators of motor vehicles on public
thoroughfares.
(5)
No exposed bulbs or lamps shall be used on the exterior surface
of any sign if, in doing so, the bulb or lamp is exposed to any public
street or adjacent property.
(6)
No floodlight or flexible goose-neck fixture used with any sign
shall be positioned in such a manner as to shine onto an adjoining
property or into the eyes of a passing pedestrian or motorist.
(7)
Illumination of wall signs must be visible only through lettering
or other related graphic symbols and should not illuminate the background
area themselves, which must remain opaque.
(8)
Illuminated signs need not be extinguished at the close of business.
C.
Regulations applicable to signs and security gates. Permitted signs
include wall signs, ground signs, projecting signs, awning and canopy
signs, window signs and marquee signs. Directories, community bulletin
boards and time and temperature signs shall also be permitted. Such
signs, except for marquee signs, are limited to no more than the following
information: name, address, telephone number and principal product
offered.
D.
In addition to restrictions elsewhere, any sign must comply with
the following regulations:
(1)
Regulations governing wall signs:
(a)
Examples
of wall signs
Examples
of wall signs
Permanent wall signs, including
projecting, neon and window signs, are limited to no more than three
signs per storefront, provided that the total sign area for all signs
permitted on the face of any storefront to which such sign or signs
are attached shall not exceed 10% of the area of the face of the storefront
to which sign or signs are attached. If the building faces more than
one street or a parking lot with a minimum width of 30 feet, it may
have the appropriate area of signage for each exposure.
(b)
Wall signs where two or more businesses occupy one building
must be uniform, although not necessarily identical, and in keeping
with the architectural integrity of the building.
(c)
All wall signs mounted on a sign board must have either a finished
edge or a painted border edge at least 1 1/2 inches in width.
(d)
Wall signs consisting of individual letters or graphics may
be painted on buildings and must adhere to the guidelines above.
(e)
A change of business name of any other item of information on
an existing wall sign constitutes a new sign and requires a new permit.
(f)
Example of a wall sign
Example of a wall sign
No part of any illuminated
wall sign shall be closer then 10 feet above a public sidewalk and
15 feet above a driveway.
(g)
Box signs can be recessed into the facade only if the opening
already exists. No holes other than for electrical conduits can be
cut in a facade.
(2)
Regulations governing ground signs.
(a)
Ground signs are permitted when:
[1]
The business structure is not visible from the
street.
[2] 
Example of a ground sign
Example of a ground sign
The business which
is being conducted is one which does not use a business structure,
such as the operation of parking lots, etc. The uppermost edge of
ground signs in these two instances shall not exceed a height of seven
feet. The maximum area for such sign shall be 20 square feet for one
face and a total of 40 square feet for two or more faces of a multi-faced
sign. This section shall not be deemed to allow a ground sign on a
corner lot if the location of the same would violate other provisions
of this chapter, or
[3]
The business or professional use occurs in a building,
which has been modified for such use but still maintains a residential
appearance. The ground signs which identify such business use shall
be as follows:
[a]
The signs shall only be made of wood. Illumination
may be external or internal. Said signs shall not exceed four feet
in height, including posts, and the maximum area for such signs shall
be 10 square feet for one face and a total of 20 square feet for two
faces.
[b]
A building must not display more than one ground
sign on the premises.
[c]
A ground sign must be placed at least four feet
from the sidewalk or 10 feet from any street line.
[d]
Directional signs or entrances and exit signs erected
on the premises may not exceed three square feet in area. The number
and locations of such signs must be approved by the Construction Official
in writing.
(3)
Regulations governing projecting signs.
(a)
A projecting sign must not exceed nine square feet.
(b)
Examples of projecting signs
Examples of projecting signs
The outermost
edge of a projecting sign must not extend more than four feet from
the building to which it is attached.
(c)
The bottommost edge of a projecting sign must not be less than
eight feet from the ground.
(d)
Projecting signs must project from a building at an angle of
90°.
(e)
A projecting sign must be located at the level of the sign band
between the first and second stories of a building.
(f)
When more than one storefront occupies a single building, all
projecting signs must be hung at the same height.
(g)
Projecting signs must be constructed of durable materials-plastic,
wood or metal.
(h)
Projecting signs must be two faced.
(i)
Projecting signs may be internally or externally illuminated
as set forth in this part.
(4)
Regulations governing window signs.
(a)
Permanent window signs must not occupy more than 10% of the
total area of the window in which the sign is located. The area of
the window sign will be counted as part of the total signage area
allowed for the business.
(b)
Example of a window sign
Example of a window sign
Permanent signs
of businesses or professions located on any floor of a building other
than the ground or street level shall be installed only in the windows
of such businesses or professions, except for directory signs as allowed
under regulations governing wall signs. Each sign shall consist of
individual letters or figures with a transparent background mounted
directly on the glass. The business or profession may have a sign
located in each window, which is visible from the street or area adjacent
to the building.
(5)
Regulations governing neon signs.
(a)
Example
of an illuminated neon sign.
Example
of an illuminated neon sign.
Neon lights
shall be placed in windows only and not on the outside of any building.
(b)
Neon tubing may not be used to frame any window.
(c)
Neon signs may not occupy a total area that exceeds 10% of the
total area of the window or windows in which they are located.
(6)
Regulations governing awning and canopy signs.
(a)
An awning or canopy must not display any graphic other than
the street number.
(b)
Example of a canopy sign
Example of a canopy sign
Lettering must
be on the drop flap.
(c)
Individual letters may not exceed six inches in height.
(d)
The lettering must allow for at least a two-inch space around
all sides.
(e)
Any change to an awning or canopy, including a change of color
or lettering, requires a permit.
(7)
Regulations governing marquee signs.
(a)
Example of a marquee sign
Example of a marquee sign
Marquee signs
are only permitted on a movie theater.
(b)
Marquee signs are to be designed as an integral part of the
building's principal facade.
(c)
Marquee signs are only allowed on the principal facade.
(d)
Changeable letters or illuminated plastic panels are allowed.
(e)
Any change to a marquee, including a change of color or lettering,
other than the changeable copy, requires a permit.
(8)
Regulations governing temporary window signs.
(a)
Example
of a temporary window sign
Example
of a temporary window sign
No temporary sign
can occupy more than 20% of the square footage of any window. Where
a window is divided by vertical separators or where multiple windows
are milled together, each section shall be considered a window.
(b)
The date on which a temporary sign is initially displayed must
appear on its face.
(c)
All temporary signs shall be removed at the expiration of the
events or sales for which they are erected or posted or within 30
days after they were erected or posted, whichever comes sooner.
(d)
Signs advertising going out of business and those dealing with
a political campaign may remain in place for a total period of 60
days. All temporary signs dealing with a political campaign shall
be erected only on private property.
(e)
Signs advising the general public that the premises are being
altered, improved, renovated, painted, constructed or reconstructed
must be removed within seven days after the end of construction.
(f)
One temporary sign may be placed upon the business premises
advising the public that the premises or any portion thereof are for
sale or for rent. Said signs shall be either wall signs or window
signs and shall not exceed eight square feet. Said signs may be displayed
for 90 days, then a permit must be obtained for said sign from the
Construction Official as if said sign were a permanent sign.
(g)
Changeable copy is permitted only for movie or theater marquees
and for restaurants with temporary portable sidewalk signs.
(h)
If a temporary sign is affixed using tape, the tape must be
transparent and all residue removed when the sign is removed.
(i)
Holiday or seasonal decorations affixed or painted on the windows
must be removed within 30 days after the end of the holiday or season.
(9)
Regulations governing all other temporary signs.
(a)
Example of a temporary sidewalk sign
Example of a temporary sidewalk sign
A temporary
sign not exceeding eight square feet may be erected or posted upon
the premises of a church, school, charitable or civic organization
for a period of not more than 60 days.
(b)
A sign erected by the city or a government agency must be removed
within 30 days of the completion of the project for which it was erected.
(c)
Signs concerning political candidates and public issues:
[1]
May not be in excess of six square feet.
[2]
May be erected or posted for a period not exceeding
60 days.
[3]
Must be removed no more than 10 days following
the event.
[4]
May not be erected in the city unless the candidate
or an official representative of the candidate has indicated the intention
to display such signs by filing a notice of such intention with the
City Clerk. Such notice of intention shall be accompanied by a deposit
of $5 per sign, which shall be paid at least five days before any
sign is erected. Upon being satisfied that all such signs have been
removed the Clerk shall refund to the candidate or the official representative
of the candidate $2 per sign of the deposit heretofore referred to.
(d)
Holiday or seasonal decorations or displays must be removed
within 30 days after the end of the holiday or season.
(e)
Temporary, noncommercial signs are permitted on the train station
overpass subject to the rules and regulations of New Jersey Transit.
They must be removed no more than five days following the event.
(f)
Temporary portable sidewalk signs:
[1]
May be no more than two feet wide and three feet
high.
[2]
Must be placed either flat against the building
or located in the building's alcove off of the sidewalk. If the sidewalk
is over eight feet wide, it may be placed at the curb.
[3]
Must be located only in front of the building in
which the restaurant is located.
[4]
Are limited to restaurants with sit-down dining,
to be used for daily specials and menus.
[5]
Must not restrict pedestrian or vehicular traffic.
[6]
Must be a chalkboard or erasable marker board.
[7]
Must be taken indoors at the close of business
each day.
[8]
Are limited to only one sign per restaurant.
[9]
Are not to be included in the area calculations
for signs.
(10)
Regulations governing postal address signs. Each store within
the business district must display on the storefront door or awning
or both, a postal address number which is a minimum of three inches
in height and which must be clearly visible from the street.
(11)
Regulations governing pole and other signs at gasoline stations, public garages and areas that provide off-street parking are found in § 210-20.11F, Service stations and similar uses, and § 210-30.7, Signs in the C Districts.
(12)
Regulations governing security gates.
[Amended 9-5-2023 by Ord. No. 44-2023]
(a)
It shall be lawful to construct or install a security gate.
All security gates shall be installed inside such nonresidential,
commercial or industrial premises.
(b)
No security gate shall be solid or impermeable in nature. Security
gates shall be of a type commonly referred to as the grate or lattice
type, with a minimum of 80% of the gate area being of see-through
composition. All gates and accompanying hardware shall be of suitable
materials and maintained in a state of good repair.
(c)
SECURITY GATE
Definitions. As used in this subsection, the following terms
shall have the meanings indicated:
A barrier, screen or cover located in front of or behind
a door, window or other opening used for purposes of securing premises
by preventing access or blocking passage to the interior of the premises.
(d)
Applicability; nonconforming gates.
[1]
The provisions of this subsection shall apply only
to security gates located in front of or behind doors, windows or
other openings facing or fronting on a public road or highway located
within a business district.
(e)
Restrictions.
[1]
Upon passage of this subsection no solid metal
barrier, screen or cover shall be erected or maintained in front of
or behind doors, windows or other openings facing or fronting on a
public road or highway located within a business district.
[2]
Between January 1, 2024 and January 1, 2025 all
security gates within the City of Orange Township shall meet the City
Code.
[3]
Any business cited for having the incorrect gates
will not have to pay fines if the violation is corrected within 90
days.
[4]
All security gates shall be of such a type as will
not prevent the viewing of the interior of the premises from outside
the premises.
(f)
Permit required.
[1]
It shall be unlawful for any person to commence
work on the erection or alteration of or to erect, alter or maintain
any security gate until a permit has been duly issued upon application
therefor.
[2]
The Building Department shall require that the
application for a permit shall be accompanied by a set of plans indicating
the proposed location and dimensions of said security gate and a description
of the type of said security gate.
[3]
No permit shall be issued until the Building Official
has examined and approved, in writing, the proposed security gate
as complying with all the provisions of this chapter.
[4]
Permits shall expire three months following the
date of issuance if no substantial work is begun and may be renewed
upon written application to the Building Official.
(g)
Fee.
The fee for a permit for the erection, alteration or maintenance
of a security gate shall be in the amount indicated by the City of
Orange Township. Said fee shall be submitted at the time the application
is presented to the Building Department.
(h)
Penalties for offenses.
For each and every violation of the provisions of this subsection,
the owner, general agent or contractor of a building or premises where
such violation has been committed or shall exist, and the lessee or
tenant of an entire building or entire premises where such violation
has been committed or shall exist, and the owner, general agent, contractor,
lessee or tenant of any part of a building or premises in which part
such violation has been committed or shall exist, and the general
agent, architect, builder, contractor or any person who knowingly
commits, takes part in, allows or assists in any violation or who
maintains any building or premises in which any such violation shall
exist shall be guilty of a violation against this subsection, which
violation shall be punishable by a fine not to exceed $250 or imprisonment
for a period not to exceed 15 days, or both. Each day's continued
violation shall constitute a separate and distinct additional violation.
(i)
Enforcement.
It shall be the duty of the Building Official, and the Building
Official is hereby given the power and authority, to enforce the provisions
of this subsection.
(13)
When a business or professional use occurs in a building which
has been modified for such use but still maintains a residential appearance,
a ground sign may be installed. In addition to the ground sign, a
single wall sign, not to exceed five square feet, may be hung in an
appropriate place on the front of the building. If there is no ground
sign, then the wall sign can be 10 square feet.
E.
Regulations applicable to permanent institutional, public and quasi-public
signs. Permanent institutional, public and quasi-public signs, shall
be permitted subject to the following limitations:
(1)
One ground sign identifying a school, university, church, park
or public building located a minimum of five feet back from the street
property line and not exceeding 40 square feet shall be permitted.
Such sign may be illuminated.
(2)
Public and private elementary and secondary schools and universities
and religious institutions may have a changeable letter sign which
may be illuminated and may not be over 10 square feet in area, provided
that such sign is erected or displayed inside the property line.
F.
Measurement of signs.
(1)
The area of a sign shall be computed as the total square foot
content of the background upon which the lettering, illustration or
display is presented, including mounting on frames.
(2)
The area of a sign containing individual letters shall be computed
as the total square foot area of the smallest rectangle, which can
enclose all of the letters or figures.
(3)
Where a sign is supported by a pylon whose surface is being
used for an advertising message, the area of the pylon shall be considered
as part of the total allowable sign surface.
(4)
When the name or advertising message is divided into a number
of panels or parts, it shall be considered as one sign.
(5)
Window signs and permanent signs within the interior of a structure,
designed to be seen and read from the exterior, shall be included
as part of any maximum permanent sign area allowance.
G.
Proper maintenance.
(1)
All signs, awnings, canopies, marquees and facades must be maintained
in good repair. Specifically, no owner or occupant of a premises may
permit any type of deterioration to these elements, including the
following conditions:
(a)
Chipped or peeling paint or surfaces marred by graffiti.
(b)
Torn paper or broken or damaged lettering or material of any
land.
(c)
Illegible material, whether by reason of fading, obliteration
or any other condition.
(d)
Dirty, rotten, broken, rusted or otherwise damaged condition.
(e)
Broken or non-functioning light bulbs or other form of illumination.
H.
Nonconforming signs, security gates, awnings, canopies and marquees.
(1)
A permitted nonconforming sign, awning, canopy or marquee which
exists on December 15, 1997, may remain in existence so long as the
business or residence uses which it announces are conducted by the
same person or corporation under the same name, at the location. If
the user ceases to operate the business or seeks to change the sign,
security gate, awning, canopy or marquee, no permit for such change
shall be given unless the item is brought into conformity with the
then-existing requirement of this chapter.
(2)
Any permitted nonconforming sign, security gate, awning, canopy
or marquee must always comply with all applicable provisions of the
Uniform Construction Code and with the existent applicable provisions
of the signage requirements of the City of Orange Township and with
all the provisions of this chapter pertaining to proper and safe maintenance,
operation and abandonment procedures.
(3)
Upon abandonment or destruction of a nonconforming sign, security
gate, awning, canopy or marquee by the existing owner or lessee, the
sign, security gate, awning, canopy or marquee must be removed within
60 days.
(4)
Effective three years after the date of this chapter, all nonconforming
signs, security gates, awnings, canopies or marquees must be changed
to comply with the requirements of this Main Street Shopping District
Ordinance[1]. If an existing sign received a permit within two years
prior to the effective date of this chapter, the permitted sign may
remain in place for two additional years beyond the chapter's three-year
limit.
[1]
[Editor's Note: Refer to Ord. No. 2-98, adopted 2-3-1998.]
I.
Regulations applicable to facades, awnings, canopies and marquees.
(1)
Any facade, awning, canopy or marquee change requires a permit
and approval from the Construction Official.
(2)
The review of architectural style shall use the following criteria.
(a)
If several storefronts are located in one building, they must
be unified with similar, although not necessarily identical, design
and color.
(b)
Facade renovations must not destroy or cover the original details
on a building.
(c)
Brick and stone facades should not be sheathed with artificial
siding or panels. They should be cleaned, re-pointed and repaired.
(d)
Deteriorated features and trim should be repaired rather than
replaced if practical. If replacement is necessary, the new materials
must match the existing as closely as possible.
(e)
Wood and bare or non-anodized aluminum must be coated or painted
to complement the building and not be left bare.
(f)
All renovations, repainting or alterations must be in keeping
with the original character of the building.
(g)
All new facades or portions of new facades must be architecturally
similar and compatible, but not necessarily identical to the facade
of the existing and adjacent buildings.
(h)
Fluorescent (e.g., Day-Glo) colors are not permitted.
(i)
The architectural details (wood frames, trim) of a building
must be painted the same as, or in a contrasting, complementary color
to the main building color.
(j)
All awnings and canopies:
[1]
Attached to the same building must be the same
shape and color or in complementary colors and be hung the same distance
from the sidewalk and have the same projection (five feet to six feet
with an eight to ten inch awning fascia drop) from the building.
[2]
Must consist of an opaque canvas or canvas-like
fabric. Backlit fabrics are not permitted, any illumination must be
external or, if underneath the awning or canopy, be directed downward.
[3]
Must be attached above the display windows and
may not exceed the bottom of the natural architectural sign band on
a building facade if one exists. In the absence of an architectural
band, the maximum height would be three feet above the top of the
display window.
[4]
Must be a minimum of seven feet six inches above
the sidewalk for awnings and eight feet six inches above the sidewalk
for canopies.
[5]
All awnings mounted over windows above the ground
floor must be confined to a single awning for each window or set of
contiguous windows.
J.
Regulations applicable to the process of applying for permits and
appeals.
(1)
The installation or refurbishing of any sign, awning, canopy,
marquee, security gate and/or facade requires a permit. No such installation
or painting shall occur without following the procedures of this section.
(2)
Before any new business shall open in the Main Street Shopping
District, it must show the Construction Official that upon opening
it will comply in full within this chapter's sign, awning, security
gate and facade requirements.
(3)
An application for a permit must be made to the Construction
Official on forms provided for that purpose.
(a)
An application for a sign, awning, canopy or marquee, security
gate or facade permit must include the following information:
[1]
A drawing or photo of the building showing the
placement and mounting position of the sign, awning, canopy, marquee,
security gate or facade on the building.
[2]
A drawing of the proposed sign, awning, canopy,
marquee, security gate or facade showing all dimensions and the location,
size and type style of all lettering and logos and color(s), the material
of construction and the method of attachment.
[3]
Recent color photos showing the existing condition
of the building and the structures on both sides.
(b)
An application for a permit for nonstructural facade renovation
must include the following information:
(4)
The Construction Official will review the application and, within
10 days, shall either:
(5)
If the application is approved, the Construction Official shall
issue the required permit within four days. The applicant must sign
a copy of the approval form signifying acceptance of the conditions.
If it is not approved, an appeal to the Zoning Board of Adjustment
may be taken.
(6)
Every sign for which a permit has been issued shall show the
permit number thereon.
K.
Signs that do not require a permit. Subject to all applicable restrictions
listed below or anywhere else in this chapter, the following signs
may be erected on any premises without first obtaining permission.
(1)
Temporary signs do not require a permit.
(2)
Repairing signs by repainting, replacement of lettering, wording
and/or graphics, provided that the repairs do not exceed 25% of the
area of the sign and do result in the restoration of the original
sign. In the case of a box sign, it may remain and the face plate
of the same may be changed by securing a permit only for the new face
plate, not the box sign.
(3)
One wall, window or ground sign not exceeding one square foot
in area stating only the name of the occupant and/or the street address
of the premises on which the sign is located, provided that it meets
all other requirements.
L.
Compliance required, violations and penalties.
(1)
The Construction Official shall be responsible for ensuring
that all signs are in compliance with all the conditions of this chapter.
To ensure this compliance, the Construction Official shall:
(a)
Inspect all work for which a permit was issued under this chapter
for compliance. Such inspection shall take place within 30 days of
completion of the work.
(b)
Ensure that no sign, awning, canopy, marquee or facade changes,
including security gates, were undertaken without the proper approvals.
(c)
Verify that no signs, awnings, canopies, marquees, security
gates or facades are in violation of the requirements of this chapter.
(2)
If the Official finds that the owner or tenant is in violation
of any of the above, then the Official shall:
(a)
Give specific written notice to the owner and tenant to correct
the violation within 30 days. Such notice shall specify the exact
nature of the violation.
(b)
Serve any such notice upon the owner and tenant, either personally
or by posting said notice on said premises and mailing, by certified
mail, a copy of said notice to the owner at his last known post office
address, if any. Service of the notice by posting and mailing shall
be deemed completed upon the posting and mailing thereof.
[Editor's Note: Prior ordinance history includes portions of
Ord. No. 34-2006 and Ord. No. 28-2009.]
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550
(1990), the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A.
52:27d-301 et seq., and the State Constitution, subject to the Council
on Affordable Housing's (COAH's) adoption of rules.
B.
Pursuant to P.L.2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide
Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7), COAH
is authorized to adopt and promulgate regulations necessary for the
establishment, implementation, review, monitoring and enforcement
of municipal affordable housing trust funds and corresponding spending
plans. Municipalities that are under the jurisdiction of the Council
or court of competent jurisdiction and have a COAH-approved spending
plan may retain fees collected from non- residential development.
C.
This section establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance P.L.2008, c.46, Sections 8 and 32-38. Fees collected
pursuant to this ordinance shall be used for the sole purpose of providing
low- and moderate-income housing. This section shall be interpreted
within the framework of COAH's rules on development fees, codified
at N.J.A.C. 5:97-8.
[Amended 11-4-2020 by Ord. No. 48-2020]
[Amended 11-4-2020 by Ord. No. 48-2020]
The following terms, as used in this section, shall have the
following meanings:
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
The New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the State.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with sections 1,
5, and 6 of P.L. 1973, c.123 (C.54:1-35a through C.54:1-35c).
Those strategies that minimize the impact of development
on the environment, and enhance the health, safety and wellbeing of
residents by producing durable, low-maintenance, resource- efficient
housing while making optimum use of existing infrastructure and community
services.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Imposed fees.
(1)
Within all City of Orange Township zoning districts, residential
developers, except for developers of the types of development specifically
exempted below, shall pay a fee of 1.5% of the equalized assessed
value for residential development provided no increased density is
permitted.
(2)
When an increase in residential density pursuant to N.J.S.A.
40:55D-70d(5) (known as a "d" variance has been permitted, developers
may be required to pay a development fee of 6% of the equalized assessed
value for each additional unit that may be realized. However, if the
zoning on a site has changed during the two-year period preceding
the filing of such a variance application, the base density for the
purposes of calculating the bonus development fee shall be the highest
density permitted by right during the two-year period preceding the
filing of the variance application.
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Example: If an approval allows four units to be constructed
on a site that was zoned for two units, the fees could equal 1.5%
of the equalized assessed value on the first two units; and the specified
higher percentage up to 6% of the equalized assessed value for the
two additional units, provided zoning on the site has not changed
during the two-year period preceding the filing of such a variance
application.
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B.
Eligible exactions, ineligible exactions and exemptions for residential
development.
(1)
Affordable housing developments, developments where the developer
is providing for the construction of affordable units elsewhere in
the municipality, and developments where the developer has made a
payment in lieu of on-site construction of affordable units shall
be exempt from development fees.
(2)
Developments that have received preliminary or final site plan
approval prior to the adoption of a municipal development fee ordinance
shall be exempt from development fees, unless the developer seeks
a substantial change in the approval. Where a site plan approval does
not apply, a zoning and/or building permit shall be synonymous with
preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the building permit is
issued.
(3)
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, is demolished
and replaced, or is expanded, if the expansion is not otherwise exempt
from the development fee requirement. The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
(4)
Within the Transit Overlay District, residential developers
shall be exempt from paying a development fee.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Imposed fees.
(1)
Within all zoning districts, nonresidential developers, except
for developers of the types of development specifically exempted,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements, for all new nonresidential construction on
an unimproved lot or lots;
(2)
Nonresidential developers, except for developers of the types
of development specifically exempted, shall also pay a fee equal to
2.5% of the increase in equalized assessed value resulting from any
additions to existing structures to be used for nonresidential purposes;
(3)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the pre-existing land and improvement and the equalized assessed
value of the newly improved structure, i.e. land and improvement,
at the time final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
B.
Eligible exactions, ineligible exactions and exemptions for non-residential
development.
(1)
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the 2.5% development fee, unless
otherwise exempted below.
(2)
The 2.5% fee shall not apply to an increase in equalized assessed
value resulting from alterations, change in use within existing footprint,
reconstruction, renovations and repairs.
(3)
Nonresidential developments shall be exempt from the payment
of nonresidential development fees in accordance with the exemptions
required pursuant to P.L.2008, c.46, as specified in the Form N-RDF
"State of New Jersey Non-Residential Development Certification/Exemption"
Form. Any exemption claimed by a developer shall be substantiated
by that developer.
(4)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to P.L.2008, c.46 shall be
subject to it at such time the basis for the exemption no longer applies,
and shall make the payment of the non-residential development fee,
in that event, within three years after that event or after the issuance
of the final certificate of occupancy of the non-residential development,
whichever is later.
(5)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by the City of Orange Township as a lien against
the real property of the owner.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Upon the granting of a preliminary, final or other applicable approval,
for a development, the applicable approving authority shall direct
its staff to notify the Construction Official responsible for the
issuance of a building permit.
B.
For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The Construction Official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax Assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
C.
The Construction Official responsible for the issuance of a building
permit shall notify the local Tax Assessor of the issuance of the
first building permit for a development which is subject to a development
fee.
D.
Within 90 days of receipt of that notice, the Municipal Tax Assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development.
E.
The Construction Official responsible for the issuance of a final
certificate of occupancy notifies the local Assessor of any and all
requests for the scheduling of a final inspection on property which
is subject to a development fee.
F.
Within 10 business-days of a request for the scheduling of a final
inspection, the Municipal Assessor shall confirm or modify the previously
estimated equalized assessed value of the improvements of the development
calculate the development fee; and thereafter notify the developer
of the amount of the fee.
G.
Should the City of Orange Township fail to determine or notify the
developer of the amount of the development fee within 10 business
days of the request for final inspection, the developer may estimate
the amount due and pay that estimated amount consistent with the dispute
process set forth in subsection b. of section 37 of P.L.2008, c.46
(C.40:55D-8.6).
H.
50% of the development fee shall be collected at the time of issuance
of the building permit. The remaining portion shall be collected at
the issuance of the certificate of occupancy. The developer shall
be responsible for paying the difference between the fee calculated
at building permit and that determined at issuance of certificate
of occupancy.
I.
Appeal of development fees.
(1)
A developer may challenge residential development fees imposed
by filing a challenge with the County Board of Taxation. Pending a
review and determination by the Board, collected fees shall be placed
in an interest-bearing escrow account by the City of Orange Township
Appeals from a determination of the Board may be made to the tax court
in accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(2)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest-bearing escrow account by the City of Orange
Township. Appeals from a determination of the Director may be made
to the tax court in accordance with the provisions of the State Tax
Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after
the date of such determination. Interest earned on amounts escrowed
shall be credited to the prevailing party.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the City of Orange Township Chief Financial
Officer for the purpose of depositing development fees collected from
residential and nonresidential developers and proceeds from the tale
of units with extinguished controls.
B.
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(1)
Payments in lieu of on-site construction of affordable units;
(2)
Developer contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
(3)
Rental income from municipally operated units;
(4)
Repayments from affordable housing program loans;
(5)
Recapture funds;
(6)
Proceeds from the sale of affordable units; and
(7)
Any other funds collected in connection with the City of Orange
Township's affordable housing program.
C.
Within seven days from the opening of the trust fund account, City
of Orange Township shall provide COAH with written authorization,
in the form of a three-party escrow agreement between the municipality,
the bank and COAH to permit COAH to direct the disbursement of the
funds as provided for in N.J.A.C. 5:97-8.13 (b).
D.
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by COAH.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
The expenditure of all funds shall conform to a spending plan approved
by COAH. Funds deposited in the housing trust fund may be used for
any activity approved by COAH to address the City of Orange Township's
fair share obligation and may be set up as a grant or revolving loan
program. Such activities include, but are not limited to: preservation
or purchase of housing for the purpose of maintaining or implementing
affordability controls, rehabilitation, new construction of affordable
housing units and related costs, accessory apartment, market to affordable,
or regional housing partnership programs, conversion of existing nonresidential
buildings to create new affordable units, green building strategies
designed to be cost saving and in accordance with accepted national
or state standards, purchase of land for affordable housing, improvement
of land to be used for affordable housing, extensions or improvements
of roads and infrastructure to affordable housing sites, financial
assistance designed to increase affordability, administration necessary
for implementation of the Housing Element and Fair Share Plan, or
any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through
8.9 and specified in the approved spending plan.
B.
Funds shall not be expended to reimburse City of Orange Township
for past housing activities.
C.
At least 30% of all development fees collected and interest earned
shall be used to provide affordability assistance to low- and moderate-income
households in affordable units included in the municipal Fair Share
Plan. One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
those households earning 30% or less of median income by region.
(1)
Affordability assistance programs may include down payment assistance,
security deposit assistance, low interest loans, rental assistance,
assistance with homeowners association or condominium fees and special
assessments, and assistance with emergency repairs.
(2)
Affordability assistance to households earning 30% or less of
median income may include buying down the cost of low- or moderate-income
units in the municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income.
(3)
Payments in lieu of constructing affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
D.
City of Orange Township may contract with a private or public entity
to administer any part of its Housing Element and Fair Share Plan,
including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
E.
No more than 20% of all revenues collected from development fees,
may be expended on administration, including, but not limited to,
salaries and benefits for municipal employees or consultant fees necessary
to develop or implement a new construction program, a Housing Element
and Fair Share Plan, and/or an affirmative marketing program. In the
case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with COAH's monitoring requirements. Legal or other fees
related to litigation opposing affordable housing sites or objecting
to the Council's regulations and/or action are not eligible uses of
the affordable housing trust fund.
[Amended 11-4-2020 by Ord. No. 48-2020]
City of Orange Township shall complete and return to COAH all
monitoring forms included in monitoring requirements related to the
collection of development fees from residential and nonresidential
developers, payments in lieu of constructing affordable units on site,
funds from the sale of units with extinguished controls, barrier free
escrow funds, rental income, repayments from affordable housing program
loans, and any other funds collected in connection with the City of
Orange Township's housing program, as well as to the expenditure of
revenues and implementation of the plan certified by COAH. All monitoring
reports shall be completed on forms designed by COAH.
[Amended 11-4-2020 by Ord. No. 48-2020]
The ability for City of Orange Township to impose, collect and
expend development fees shall expire with its substantive certification
unless City of Orange Township has filed an adopted Housing Element
and Fair Share Plan with COAH, has petitioned for substantive certification,
and has received COAH's approval of its development fee ordinance.
If City of Orange Township fails to renew its ability to impose and
collect development fees prior to the expiration of substantive certification
it may be subject to forfeiture of any or all funds remaining within
its municipal trust fund. Any funds so forfeited shall be deposited
into the "New Jersey Affordable Housing Trust Fund" established pursuant
to section 20 of P.L. 1985, c.222 (C.52:27D-320). City of Orange Township
shall not impose a residential development fee on a development that
receives preliminary or final site plan approval after the expiration
of its substantive certification or judgment of compliance, nor shall
City of Orange Township retroactively impose a development fee on
such a development. City of Orange Township shall not expend development
fees after the expiration of its substantive certification or judgment
of compliance.
