[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The code and you.
a.
In this document, you will find rules to govern the use and design
of buildings in Morristown and standards for the design of improvements,
such as parking, landscaping, fencing, signage and environmental standards.
This code is the first comprehensive update to the Morristown Land
Development Ordinance since the previous ordinance was adopted in
1979. The standards in this document are intended to better capture
the existing character and development patterns of the Town, while
guiding future development in Morristown. Wherever possible, these
regulations simplify the treatment of uses, buildings and site improvements
in the Town and eliminate, consolidate or amend out-of-date requirements.
b.
The standards in this code include practical and context-sensitive
standards for what uses are permitted in the Town's neighborhoods
and how buildings are designed in the Town. These concepts are rooted
in the 2014 Morristown Moving Forward Master Plan, which focused on
circulation and community form, and proposed a form-based land use
code that respects the Town's existing character and its historic
assets.
c.
This code marks a shift forward in the future of zoning in Morristown.
The provisions of this chapter regulate use, intensity and bulk as
in the previous ordinance, but provide further guidelines to help
ensure that new development strengthens long-established neighborhood
character. Further, this code governs development in Morristown not
only by district but also by street frontage, to ensure that the nature
of new uses and buildings is consistent with that of Morristown's
established neighborhoods.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
In addition to separating inherently incompatible uses, zoning
is used to ensure the orderly development of neighborhoods, create
a level of predictability, and promote a city's policy goals. Per
the New Jersey Municipal Land Use Law (MLUL),[1] the purposes of zoning in New Jersey are as follows:
a.
Purpose A: to promote the public health, safety and general welfare.
b.
Purpose B: to secure safety from flood, fire, panic and other disasters.
c.
Purpose C: to provide adequate light and air.
d.
Purpose D: to ensure development of a municipality does not interfere
with the development of other municipalities or the state.
e.
Purpose E: to promote appropriate residential densities.
f.
Purpose F: to coordinate land development and public development.
g.
Purpose G: to provide sufficient space for a variety of uses.
h.
Purpose H: to encourage efficient transportation.
i.
Purpose I: to promote a positive visual environment.
j.
Purpose J: to promote conservation of historic and natural resources.
k.
Purpose K: to encourage planned developments.
l.
Purpose L: to encourage senior citizen housing.
m.
Purpose M: to encourage coordination of public and private procedures
for land development.
n.
Purpose N: to promote renewable energy resources.
o.
Purpose O: to promote recycling.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The MLUL also regulates the permissible scope and contents of
municipal zoning regulations, which guide the approach and contents
of this chapter. The contents of this code conform to the limits of
the MLUL enumerated in N.J.S.A. 40:55D-65, of which selected components
are restated here:
a.
Limit and restrict buildings and structures to specified districts
and regulate buildings and structures according to their type and
the nature and extent of their use, and regulate the nature and extent
of the use of land for trade, industry, residence, open space or other
purposes;
b.
Regulate the bulk, height, number of stories, orientation, and size
of buildings and the other structures; the percentage of lot or development
area that may be occupied by structures; lot sizes and dimensions;
and for these purposes may specify floor area ratios and other ratios
and regulatory techniques governing the intensity of land use and
the provision of adequate light and air, including, but not limited
to, the potential for utilization of renewable energy sources;
c.
Provide districts for planned developments, provided that an ordinance
providing for approval of subdivisions and site plans by the Planning
Board has been adopted and incorporates therein the provisions for
such planned developments in a manner consistent with Article 6 of
P.L. 1975, c. 291 (N.J.S.A. 40:55D-37 et seq.);
d.
Establish, for particular uses or classes of uses, reasonable standards
of performance and standards for the provision of adequate physical
improvements, including, but not limited to, off-street parking and
loading areas, marginal access roads and roadways, other circulation
facilities and water, sewerage and drainage facilities; and
e.
Provide for conditional uses pursuant to Section 54 of P.L.1975,
c. 291 (N.J.S.A. 40:55D-67).
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
In 2014, the Town of Morristown overhauled its Master Plan through
a robust civic engagement process that culminated in the Morristown
Moving Forward Master Plan. Many of the comments received during that
process emphasized a very specific vision for Morristown's future
that was largely defined in terms of the character, appearance and
intensity of development and how those things came to define neighborhoods.
As a result, the first recommended next step to implement the contents
of the 2014 Master Plan was to overhaul the Town's Zoning Ordinance
to leverage current best practices and techniques and to reflect the
Town's current vision for itself. The community form element of the
Master Plan was crafted to serve as the basis for a design-oriented
zoning ordinance, and that was the starting point for the updated
regulations contained herein.
b.
This updated Zoning Ordinance also advances several other recommendations contained in Chapter 3 of the 2014 Master Plan, specifically:
1.
Goal 1: Healthy Residential Neighborhoods.
(a)
Objective 1.1: Preserve the physical character and fabric of
existing neighborhoods (page 60).
(b)
Objective 1.2: Promote healthy, complete neighborhoods, where
residents have safe and convenient access to the goods, services and
institutions they require every day (page 60).
(c)
Objective 1.3: Balance the provision of "inherently beneficial
uses" with a need to protect residential neighborhoods from significant
and unreasonable impact (page 61).
(d)
Objective 1.4: Continue to preserve and create a range of housing
choices that are affordable to low-, middle-, and moderate-income
households (page 63).
2.
Goal 2: Economic Resilience and Prosperity.
(a)
Objective 2.1: Preserve and enhance the downtown experience
to support economic development and residential growth (page 64).
(b)
Objective 2.2: Support continued growth of downtown residential
population, including areas proximate to the train station (page 66).
(c)
Objective 2.3: Continue to support the growth and development
of commercial uses in appropriate locations (page 67).
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
As described above, this code was crafted to ensure new development
strengthens the most beloved aspects of Morristown's neighborhoods.
Unlike conventional zoning ordinances, the provisions contained herein
create a holistic framework for new development in Morristown that
looks beyond land uses, or even beyond individual buildings, to create
high-functioning and visually attractive districts, corridors, and
neighborhoods. The following section is not merely informational but
has been created to define the code's respective components and the
legal mechanics by which they are intended to function.
b.
The framework upon which this code is organized is more expansive
than that which underlies the Town's prior zoning codes. The metrics
and standards contained herein result in a more nuanced code, capable
of responding to the characteristics of existing properties and their
context. To that end, this chapter is divided into five substantive
sections: (1) District Standards; (2) Building Standards; (3) Design
Standards; (4) Additional Standards; and (5) Appendices, all of which
are described below:
1.
District standards.
(a)
District standards serve as the primary set of regulations for any property in Morristown. Contained within the district standards are two key maps: the Zone Regulation Map (§ 30-203) and Frontage Regulation Map (§ 30-204). Taken together, these maps designate a zoning district and frontage type for every piece of property in Morristown. This is the starting point that defines the basic set of regulations imposed upon parcels. Each district contains a standard series of regulations that address the following:
(b)
The district standards specify the uses, intensities, and building
types that may be developed in each district. As described below,
proposals must comply with a set of standards unique to each building
type. (See below for description of building standards.) When making
application to construct or modify any structure, applicants must
first select a building type. In doing so, applicants shall select
the building type that most closely reflects the proposed principal
structure. All building standards associated with the selected building
type shall govern the proposal.
(c)
There are, however, certain intended exceptions to this rule.
In limited circumstances (as defined in Paragraph b2 below), the lot
standards and regulations impacting building form/placement contained
in the district standards may be applied in lieu of building standards.
Typically, each district defines unique lot standards and regulations
impacting building form/placement. In some cases, however, such standards
associated with a specific building type may be incorporated by reference
as a district standard.
(d)
Notwithstanding the above, district standards regulating floor
area ratio (FAR) and residential density standards (including any
associated bonuses or exemptions) shall apply to all applications,
regardless of the proposed building type.
(e)
The district standards also contain a number of overlay districts.
These zoning overlays govern portions of zoning districts, adjusting
the district standards to the unique conditions of a given neighborhood.
These overlay standards supersede the underlying district standards,
thereby replacing any conflicting parameters. In other words, if a
property lies within an overlay, an applicant may not elect to apply
the underlying district standards instead of the overlay standards.
(f)
Finally, the district standards contain standards applicable
to all zoning districts, including regulations impacting:
2.
Building standards.
(a)
Building standards define several building types and provide
standards for their development. The 12 defined building types encompass
the nature and character of development desired in Morristown.
(b)
As noted above in Paragraph b1(a), applicants are required to
specify a proposed building type, and the regulations associated with
that building type shall apply to the proposed project. However, in
the following limited circumstances, district standards shall be applied,
and a building type does not need to be selected:
(1)
A proposed project does not meet the minimum requirements
of the building types in the building standards section;
(2)
Development in the Hospital Districts;
(3)
Development of, or modifications to, houses of
worship and critical infrastructure; and
(4)
Modifications to preexisting nonconforming structures
for which no applicable building type exists (e.g., gas stations).
(c)
In the event the proposed structure is not permitted in the
district (either because the building type is undefined in the code
or is only permitted in other districts), it shall be considered a
nonpermitted structure, and the applicant shall require use variance
relief pursuant to N.J.S.A. 40:55D-70(d)(1). In such cases, lot standards
and regulations impacting building form/placement defined in the district
standards shall apply.
(d)
Similarly, expansion of a preexisting nonconforming structure
pursuant to Paragraph b2(b)(4) above shall be adjudicated under N.J.S.A.
40:55D-70(d)(2).
(e)
If there is disagreement between the Administrative Officer and an applicant regarding the nature of a proposed building type, the matter shall be resolved by the Zoning Board of Adjustment under its interpretation powers. [See N.J.S.A. 40:55D-70(a).] In such cases, the Board shall be guided by the intent section of the building types, including the minimum building type requirements, the descriptive language, and example imagery. (See Article 3B of this chapter.)
3.
Frontage standards define additional parameters regulating building
placement, form, and design requirements based on the street type
along which a property is located, further tailoring development to
the local context for a consistent streetscape.
4.
Design standards are included in later articles. This includes standards
for site design, public space improvements, landscaping and lighting,
parking, signage, and sustainable site design.
5.
Additional standards address all other requirements, including requirements
of environmental regulations, affordable housing, subdivision of land,
and standards for administration for land use applications, including
zoning permits, subdivision review, site plan review, or variance
review.
6.
Appendices are included at the end, which include definitions, application
forms and worksheets, and submission checklists.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
The standards in this chapter were drafted to protect the general
welfare of the Town of Morristown. However, there may be specific
instances where the enforcement of this chapter may result in undue
hardship to the property owner or prevent development that advances
the general welfare. As a result, the MLUL establishes a process for
a property owner to request variance relief and to develop a property
in a way not permitted under the chapter. There are two general types
of variance relief that may be granted: "C" and "D" variances,
b.
A "C" variance relates to development that does not conform to dimensional
requirements, such as lot size, required yards, and lot coverage.
These variances are permitted under standards in Section 70(c) of
the MLUL. This type of variance relief can be granted for any standard
that does not meet the definition of a use variance. Bulk variances
may be granted by the Planning Board (in cases where a site plan or
subdivision is proposed) or the Zoning Board of Adjustment (in cases
where neither a site plan or subdivision is proposed or if a "D" variance
is proposed). As enumerated below, deviation from dimensional requirements
specified by permitted building types shall constitute require bulk
relief (also referred to as a "bulk variance").
c.
A "D" variance (also referenced herein as a "use variance") generally
relates to the use of a property and the intensity of development
or uses on the property. There are six types of "D" variances as enumerated
in Section 70(d) of the MLUL: nonpermitted use or structure, expansion
of existing nonpermitted use, conditional use, excessive floor area
ratio, excessive density, and, in certain cases, excessive height.
Use variances are subjected to higher scrutiny and may only be granted
by the Zoning Board of Adjustment.
d.
Lastly, there are instances in this chapter where certain deviations
constitute a design waiver rather than a variance:
1.
Variance. Deviations from Part 2, District Standards, Part 5, Environmental
Regulations, Part 6, Affordable Housing, and Part 7, Subdivision of
Land, shall constitute a variance.
2.
Design waiver. Deviations from Part 4, Design Standards, unless otherwise
directly expressed as a variance in the part, shall be design waivers.
e.
In Part 3 (Building Type Standards), deviations from lot regulations,
building regulations, building height, and accessory standards shall
require variance relief. Deviations from all other building standards
shall require a design waiver.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a. 
A property owner wants to build something. They submit application
forms and drawings of what they want to build.
b.
The property owner files for approval. If the proposal requires a site plan application and is generally consistent with the chapter or only requires bulk variances, it goes before the Planning Board. If the building departs from the chapter without requiring a site plan or requires use variances, it goes before the Board of Adjustment. In either case, the proposed building is reviewed for completeness and may undergo a Technical Review Committee (TRC) meeting per Part 8.
c.
Once
the application is considered complete, it is scheduled for a hearing
before the Planning Board or Board of Adjustment. Advance notice of
the hearing must be sent by mail to property owners within 200 feet,
and the notice must be published in the newspaper as required by the
state at least 10 days before the hearing.
d.
At the
public hearing, the property owner, architect, engineer, and legal
counsel for the property owner present the proposed building plans,
and members of the public may comment on the proposal. The Board approves
or denies the proposed building after considering the testimony of
the applicant's and the Town's professionals.
e.
If an
application is approved, the applicant may be required to revise submissions
or provide additional documents as conditions of approval. Compliance
with these conditions is required for the Board and its professionals
to sign off on the plans for a building permit and for the applicant
to receive a certificate of occupancy.
f.
When the property owner applies for a building permit from the Town
Building and Construction Office, the plans are reviewed against the
approved plans from the land use boards. If the plans are consistent
and meet building codes, a building permit is issued.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
If in reviewing this document you have any questions as to the
meaning or applicability of the requirements, these questions may
be directed to the Zoning Officer of the Town of Morristown.
