City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
A. 
The general purpose of the TVD is to implement the mixed-use element of the City Master Plan and establish the Brick Church Train Station as the prominent feature of a planned city center. The specific purposes are:
(1) 
To provide for land uses and facilities beneficial to both the community and to transit users;
(2) 
To increase use of the rail station;
(3) 
To concentrate a mix of retail, office, residential, public and open space uses within walking distance of each other and the rail station to optimize the convenience for residents, shoppers, commuters and employees and to reduce auto traffic by providing an environment conducive to pedestrians, bicyclists and transit users;
(4) 
To provide for land uses that will generate and encourage transit ridership;
(5) 
To revitalize the areas in the vicinity of the transit station and enhance economic vitality through zoning policies that enable the redevelopment of buildings and properties through private investment;
(6) 
To provide for the safe and efficient flow of pedestrian and vehicular traffic, emphasizing a pedestrian-oriented environment;
(7) 
To provide for visual amenities and to reinforce a sense of place or center;
(8) 
To develop appropriate standards to facilitate transit-appropriate development densities and intensities of the land uses in the Transit Village Districts.
B. 
The provisions of this article apply only to parcels located within the boundaries of the Transit Village Districts.
This article shall establish development regulations applicable to any development in the Transit Village Districts and shall provide for separate standards for different development subzones within. These development zones shall be designated as:
A. 
Village Core (VC).
B. 
Evergreen Square (ES).
C. 
Main Street Entertainment (MSE).
D. 
Central Avenue Entertainment (CAE).
E. 
TR-2.
F. 
TR-3.
G. 
TR-4.
H. 
T-RO.
I. 
North Walnut Street Area (NW).
J. 
Lower Main Street Area Phase 2 Plan (LM).
The boundaries of the TVD zones are delineated on the Zoning Map, which is hereby updated. The modifications to be made to the Zoning Map are displayed in the map entitled "Proposed Transit Village District" within the ordinance.
All development regulations are to remain in full force and effect except where they are hereby superseded by the requirements herein.
In order to further the purposes of the Transit Village District, only the uses set forth in the following sections are allowed in each TVD zoning district as listed below.
A. 
Village Core. This section supersedes the applicable development, use and bulk standards in the "The Urban Renewal Plan (Code #213), The Muir's Berkeley Area Redevelopment Plan for the Brick Church Urban Renewal Project, City of East Orange, New Jersey (Federal Project Designation Number) (NJR-154)," as well as the entirety of §§ 50-172 through 50-174 of the Land Use Ordinance of the City of East Orange. Only the following uses are permitted:
(1) 
Mixed use. Any combination of any permitted uses below, subject to the following: for any new or renovated structure with frontage on Main Street, 100% of the front facade at ground level shall contain retail or commercial service uses. The depth of the area of the structure devoted to such uses shall be no less than 40 feet from the front facade, and each such establishment shall have its primary entryway on Main Street.
(2) 
Residential uses. Uses only in the form of multifamily structures, townhouses and residential units located on floors above retail establishments. If the property has frontage on Main Street/Dr. Martin Luther King, Jr. Boulevard in the VC or MSE Zone or on Central Avenue in the CAE zone, residential uses are only permitted on upper floors above permitted commercial establishments or in the rear section of the first floor of such building behind permitted commercial establishments and at least 40 feet from the street line of the above-referenced streets.
(3) 
Retail sales. Sales, including apparel stores, art supply stores, bakeries, camera stores, candy stores, convenience stores, department stores, drugstores, electronics stores, fabric stores, factory outlet stores, florists, food stores, furniture stores, gift stores, hardware stores, hobby stores, jewelry stores, music stores, pet stores, sporting goods stores, stationary stores, toy stores, and outdoor kiosks and street vendors; but excluding the following: auto sales or rentals of any kind; sexually oriented businesses of any kind including the sales of lingerie or underclothing as the primary business (more than 15% of inventory); any retail store that sells goods through a partition, window or metal grille; gun, weapon or ammunition establishment; pawn shop; lumber; salvaged or used goods other than antiques; automobile parts; and establishments of the type commonly known as "dollar stores," defined as stores using a price amount in their name and/or selling a variety of low-cost household goods such that the majority of store inventory is: a) sold under a generic or private label, often specially manufactured for such stores, using cheaper ingredients and processes than products intended for the mass market; b) was manufactured for a foreign market but was then re-imported for sale in this country; or c) purchased from another retail store or distributor as discontinued and discounted merchandise.
(4) 
Retail services. Services, including dry cleaners, opticians, shoe repair, tailors and dressmakers, and travel agencies; but excluding massage parlors, philanthropic or charitable services, car wash or automobile wash facilities, automobile repair facilities, gas stations, funeral homes, self-storage facilities, nail salons, hair-braiding establishments, boardinghouses or rooming houses, computer server hosting facilities and tattoo parlors.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
Restaurants. Full-service restaurants with table-side service selling food and/or beverages, which may include outdoor dining patios, but excluding restaurants with drive-through windows, indoor or outdoor walk-up windows, or counter service.
(6) 
Cafes. Coffee houses and pastry/desert cafes or bakeries with highly decorated seating areas, artwork displays, and wireless Internet service for customers. Counter-service transactions are only permitted for sandwich, salad, soup, desert and beverage sales. The open counter area where customers interact with employees shall be at least 10 feet wide.
(7) 
Offices. General, professional, governmental and medical offices, but excluding drug or alcohol treatment facilities and veterinary facilities. Such uses are not permitted in any part of a structure located at the ground floor or within 40 feet of the streetline with Main Street/Dr. Martin Luther King, Jr. Boulevard.
(8) 
Financial institutions. Banks and savings and loan institutions with no more than 25 linear feet of street frontage, but excluding check-cashing businesses.
(9) 
Recreation facilities. This includes health clubs and gyms.
(10) 
Parking structures. Structures with only indoor or elevated deck parking, provided that the following conditions are met:
(a) 
One hundred percent of the front facade facing Main Street/Dr. Martin Luther King, Jr. Boulevard shall contain commercial uses on the ground floor and residential or commercial uses on the upper floors. The minimum depth of area required to be devoted to nonparking uses shall be 40 feet from the streetline with Main Street/Dr. Martin Luther King, Jr. Boulevard at the ground floor and 20 feet at the upper levels.
(11) 
Public facilities. Municipal offices, police station, fire station, library, post office, train station, museum, publicly owned parking facilities, and similar uses that directly serve the public, but excluding facilities such as a public works garage, water treatment plant, electric transformer station, and uses of a similar nature.
(12) 
Open space. Publicly or privately owned open spaces, such as parks and plazas, available to the general public.
(13) 
Public/private partnerships. Developments in conjunction with public agencies such as NJDOT (such as a commercial structure over Route 280, subject to the provisions above) and New Jersey Transit (such as retail under the elevated railroad viaduct).
(14) 
Entertainment venues. Developments including concert halls, performing arts centers, theaters with operations in accordance with City ordinances, and bars and nightclubs that contain noiseproofing insulation to ensure that no noise in excess of 60 decibels is audible anywhere outside the confines of the establishment, but excluding sexually oriented businesses.
(15) 
Art galleries.
(16) 
Live-work spaces. Developments which include residential units with accommodation for a permitted commercial or art studio use within that unit.
(17) 
Art and dancing schools.
B. 
Evergreen Square (including the Evergreen/Halsted Commercial District Redevelopment Plan). The uses listed herein are the only permitted uses in the Evergreen Square Zone as well as the area under the land use control of the Evergreen/Halsted Commercial Area Redevelopment Plan (also known as Zoning District UR-2), for which Section III entitled "Land Use Provisions for the Evergreen/Halsted Commercial District" is hereby superseded by the list of permitted uses contained herein.
(1) 
Hotels. Any building having sleeping rooms that are provided for hire with meeting facilities. Any hotel permitted by this chapter shall meet the following criteria:
(a) 
It shall not be a permanent/primary residence for its users.
(b) 
It shall not contain a self-service guest laundry.
(c) 
No guest shall use the hotel as his residential address.
(d) 
Minimum rental period for each nonmeeting room or room containing a bed shall be 24 hours, maximum period is a total of three months.
(e) 
All rooms shall only have access by way of a common lobby and hallway. There can be no direct access to a room from a parking space by way of an outside doorway at the room or direct access to a garage. "Motels" or "motor hotels" shall not be permitted.
(f) 
Minimum guestroom size shall be 150 square feet, and minimum bathroom size for each room shall be 60 square feet.
(2) 
Mixed use. Any combination of any permitted uses below, subject to the following: For any new or renovated structure with frontage on Evergreen Place, 100% of the front facade at ground level shall contain retail or commercial uses. The depth of the area of the structure devoted to such uses shall be no less than 40 feet from the front facade, and each such establishment shall have its primary entryway on Main Street.
(3) 
Restaurants. Full-service restaurants with table-side service selling food and/or beverages, which may include outdoor dining patios, but excluding restaurants with drive-through windows, indoor or outdoor walk-up windows, or counter service.
(4) 
Offices. General, professional, governmental and medical offices, but excluding drug or alcohol treatment facilities and veterinary facilities. Such uses are not permitted in any part of a structure located at the ground floor within 40 feet of the streetline with Main Street/Dr. Martin Luther King, Jr. Boulevard or Central Avenue.
(5) 
Financial institutions. Banks and savings and loan institutions with no more than 25 linear feet of street frontage, but excluding check-cashing businesses.
(6) 
Recreation facilities. Health clubs and gyms.
(7) 
Parking structures. Structures with only indoor or elevated deck parking, provided that the following conditions are met:
(a) 
One hundred percent of the front facade facing Main Street/Dr. Martin Luther King, Jr. Boulevard shall contain commercial uses on the ground floor and residential or commercial uses on the upper floors. The minimum depth of area required to be devoted to nonparking uses shall be 40 feet from the streetline with Main Street/Dr. Martin Luther King, Jr. Boulevard at the ground floor and 20 feet at the upper levels.
(8) 
Public facilities. Municipal offices, police station(s), fire station(s), library(ies), post office(s), train station(s), museum(s), publicly owned parking facilities, and similar uses that directly serve the public, but excluding facilities such as a public works garage, water treatment plant, electric transformer station and uses of a similar nature.
(9) 
Open space. Publicly or privately owned open spaces, such as parks and plazas available to the general public.
(10) 
Public/private partnerships. Developments in conjunction with public agencies such as NJDOT (such as a commercial structure over Route 280, subject to the provisions above) and New Jersey Transit (such as retail under the elevated railroad viaduct).
(11) 
Residential uses. Developments only in the form of multifamily structures, townhouses and residential units located in mixed-use structures. One-, two- or three-family structures are only permitted on lots with frontage only on Webster Place, Berwyn Street or Hampton Terrace. Multifamily uses are permitted throughout the Evergreen Square Area.
(12) 
Live-work uses. Suites that accommodate the combination of residential use with office or art studio uses within the same unit.
(13) 
Banquet facilities, provided there is soundproofing to ensure that sound levels above 65 decibels are not audible outside the structure.
(14) 
Retail and service establishments on the first floor of structures with frontage only on Evergreen Place, Freeway Drive, and Halsted Street. Sales, including apparel stores, art supply stores, bakeries, camera stores, candy stores, convenience stores, department stores, drugstores, electronics stores, fabric stores, factory outlet stores, florists, food stores, furniture stores, gift stores, hardware stores, hobby stores, jewelry stores, music stores, pet stores, sporting goods stores, stationary stores, toy stores, and outdoor kiosks and street vendors; but excluding the following: auto sales or rentals of any kind; sexually oriented businesses of any kind including the sales of lingerie or underclothing as the primary business (more than 15% of inventory); any retail store that sells goods through a partition, window, or metal grille; gun, weapon or ammunition establishment; pawn shop; lumber; salvaged or used goods other than antiques; automobile parts; and establishments of the type commonly known as "dollar stores," defined as stores using a price amount in their name and/or selling a variety of low-cost household goods such that the majority of store inventory is: a) sold under a generic or private label, often specially manufactured for such stores, using cheaper ingredients and processes than products intended for the mass market; b) was manufactured for a foreign market but was then re-imported for sale in this country; or c) purchased from another retail store or distributor as discontinued and discounted merchandise. Services, including dry cleaners, opticians, shoe repair, tailors and dressmakers, and travel agencies; but excluding massage parlors, philanthropic or charitable services, car wash or automobile wash facilities, automobile repair facilities, gas stations, funeral homes, self-storage facilities, nail salons, hair-braiding establishments, boardinghouses or rooming houses, computer server hosting facilities and tattoo parlors.
C. 
Main Street Entertainment (MSE) District. The permitted uses listed below in this section are the only permitted uses in the Main Street Entertainment (MSE) District. This section supersedes the portions of the section entitled "Land Use and Zoning Plan" that are entitled "Principal Permitted Uses," "Principal Conditional Uses," and "Accessory Uses" in the document entitled "City of East Orange Lower Main Street Redevelopment Plan."
(1) 
All uses permitted in the Village Core as well as public schools are permitted in this zone; however, residential-only uses are only permitted on lots that only have frontage on North Walnut Street, North Arlington Street, or William Street. If the property has frontage on Main Street/Dr. Martin Luther King, Jr. Boulevard in the VC or MSE Zone or on Central Avenue in the CAE Zone, residential uses are only permitted on upper floors above permitted commercial establishments or in the rear section of the first floor of such building behind permitted commercial establishments and at least 40 feet from the street line of the above-referenced streets.
D. 
Central Avenue Entertainment District. The permitted uses listed below in this section are the only permitted uses in the Central Avenue Entertainment (CAE) District.
(1) 
All uses permitted in the Village Core.
E. 
Established transit village neighborhoods. These areas are zoned TR-2, TR-3, TR-4 and TR-O.[2]
(1) 
TR-2 shall have the exact same permitted land uses as the R-2 Zoning District as stated in § 51-93 of this chapter.
(2) 
TR-3 shall have the same permitted land uses as the R-3 Zoning District as stated in as stated in § 51-94 of this chapter, except where noted in Subsection E(5) below.
(3) 
TR-4 shall have the same permitted land uses as the R-4 Zoning District as stated in as stated in § 51-95 of this chapter except where noted in Subsection E(5) below.
(4) 
T-RO shall have the same permitted land uses as the R-O Zoning District as stated in § 51-96 of this chapter, except where noted Subsection E(5) below.
(5) 
The following are exceptions to the provision of the "Land Use Ordinance of the City of East Orange" and are applicable only to the TR-3, TR-4 and T-RO Zones where a project is subject to the standards contained in these sections: § 51-94F(5), the required outdoor open space per dwelling unit requirement shall be 75 square feet per dwelling unit regardless of the number of dwelling units; § 51-93E(5) shall read: "Maximum density shall not exceed 52 apartment units per acre."
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
North Walnut Street Area (NW) shall have the same permitted land uses as are currently permitted in the North Walnut Street Redevelopment Plan. In addition, loft-style apartment buildings shall be permitted within the entire plan area, and the bulk and parking standards for low-rise and mid-rise apartments within the TVD zoning regulations of this chapter shall override bulk standards of the North Walnut Street Area Redevelopment Plan for loft-style apartment buildings.
G. 
Lower Main Street Area Phase 2 Plan (LM2) shall have the same permitted land uses as are currently permitted in the Lower Main Street Area Phase 2 Plan.
H. 
In all TVD zoning districts, except TR-2, TR-3 and TR-4, health spas and therapeutic massage businesses are conditional uses.[3]
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I. 
Uses that are prohibited in all TVD zones. Notwithstanding the provisions above, the following uses are specifically prohibited in the TVD zoning and redevelopment districts:
(1) 
Drive-through establishments, including but not limited to retail, banking or auto establishments with drive-through service.
(2) 
Business or vocational schools.
(3) 
Sexually oriented businesses.
(4) 
Bars, nightclubs and dance halls without noise-mitigation measures that comply with state and local standards (65 decibels at property line).
(5) 
Massage facilities/massage parlors.
(6) 
Restaurants that are takeout only.
(7) 
Wholesale bakeries.
(8) 
Through-window retail or restaurant.
(9) 
Funeral homes.
(10) 
Liquor stores.
(11) 
Outdoor storage.
(12) 
Automobile service, fuel, car wash.
(13) 
Automobile, sale and repair.
(14) 
Automobile alarm, stereo installation.
(15) 
Billboards.
(16) 
Check-cashing establishment not within bank, pharmacy or grocery store.
(17) 
Bail/bonds.
(18) 
Pawn shops.
(19) 
Gun stores and ammunition retailers.
(20) 
Tattoo/body piercing establishments.
(21) 
Computer server housing facility.
(22) 
Surface parking areas, unless accessory to a permitted principal use and at the rear of a lot behind buildings or constructed by the City of East Orange or New Jersey Transit.
(23) 
Elevated walkways or skyways between buildings and/or parking.
(24) 
Lumberyard.
(25) 
Manufacturing facility.
(26) 
Operation facilities for taxicab, bus, ambulance.
(27) 
Taxi/limousine parking staging facilities.
(28) 
Heliport.
(29) 
Kennel, animal boarding/sheltering.
(30) 
Self storage.
(31) 
Truck terminal.
(32) 
Utility (transformer).
(33) 
Vehicle towing facility.
(34) 
Waste transfer station.
(35) 
Materials salvage yards, junkyards, dumps.
(36) 
Laundry facility, wholesale.
(37) 
Facilities that provide congregate living arrangements that provide shelter or lodging for profit or charity, with or without meals, including homeless shelters, rooming houses, hotels without private bathrooms, or halfway houses.
(38) 
Facilities for treating or sheltering people with communicable diseases not in hospitals.
(39) 
Philanthropic institutions providing social services.
(40) 
Boardinghouse or rooming house.
(41) 
Drug or alcohol treatment facilities.
(42) 
Methadone clinics.
(43) 
Soup kitchen, except as operated by a house of worship on its own property.
(44) 
Nail salons.
(45) 
Hair-braiding establishments.
(46) 
"Dollar stores."
J. 
No building or part thereof designed and built for storefront-type retail use, office use or residential use may be used as a house of worship, club or charitable or philanthropic institution.
Bulk and density requirements within the TVD shall be in accordance with the following schedule which applies to the subzoning districts and supersedes the bulk standards of the applicable redevelopment plans.[1] All bulk standards in the TVD apply only to new structures or additions. Existing structures are entitled to retain their existing bulk configuration, but residential conversions in existing structures are required to comply with the maximum dwelling units per acre limits.
A. 
In all zones of the TVD, the front setback of a new structure shall match the shorter front setback of the two closest principal buildings on each side of the project site on the same block frontage as the site. Bay windows, porches and balconies can extend into the front yard but not into the right-of-way. Through lots shall use the frontage where buildings have a shorter front yard as their reference front yard. Lots on vacant blocks shall use a standard of six feet. The second frontage for a corner lot shall have a setback of six feet or less. Compliance with § 51-87 is also required.
B. 
No new construction shall encroach within three feet of another building's windows or other fenestrations nor block emergency access to those fenestrations. In cases where the side yard setback is to be zero, the setback area from that adjacent building's fenestrations shall only extend from the location of the fenestration to the rear of the new structure.
[1]
Editor's Note: The Table of TVD Bulk Regulations is attached to this chapter.
A. 
Parking requirements within the TVD zones shall be in accordance with the following schedule:
(1) 
Residential use: the greater of 0.5 space per bedroom or one space per dwelling unit.
(2) 
Nonresidential: one space per 1,000 square feet of GFA. Retail/restaurants exempted.
(3) 
Existing buildings that are renovated and put to or converted to a permitted use are exempt from minimum parking requirements; however, no existing parking at such site is permitted to be removed.
(4) 
New construction on preexisting (nonsubdivided) lots smaller than 5,000 square feet if the construction site has frontage on Central Avenue or Main Street/Dr. Martin Luther King, Jr. Boulevard or if the lot is smaller than 2,000 square feet anywhere else in the district are exempt from minimum parking requirements; however, no existing parking at such site is permitted to be removed.
B. 
Shared parking. For mixed-use developments, a shared parking approach to the provision of off-street parking shall be required where feasible, as determined by the approving agency. The methodology used by the developer to calculate the number of parking spaces required shall be the greater total from formulas A and B, whereby "r" equals required residential parking and "f" equals required nonresidential parking.
(1) 
Formula A: 0.6r+1f.
(2) 
Formula B: 1r+0.5f.
C. 
Under no circumstances shall any parking be located in the front yard of any structure. No front yard pavement is permitted other than for the minimum area needed for pedestrian walkways and for a vehicle circulation way to connect any indoor, rear yard, or side yard parking areas of a structure directly to the street. In the TVD, the maximum width of a paved vehicle circulation way or driveway within a front yard is 10 feet if it serves a parking area for 10 or fewer vehicles and 20 feet if it serves a parking area with more than 20 vehicles. Section 51-71D shall not apply to the TVD.
D. 
Driveways shall be positioned to minimize interference with on-street parking. The minimum distance between driveways shall be 18 feet; however, driveways for two adjacent properties can be paired close together with a maximum distance of seven feet between each driveway in the pair, but such pairs shall be a minimum of 18 feet away from another driveway or driveway pair.
A. 
District enhancement improvements. All projects within the TVD shall provide the following district enhancement improvements, unless the applicant can demonstrate that a design waiver is warranted due to the physical limitations of the site and/or area or an abundance of related improvements already in place.
(1) 
Transit wayfinding signage. At least one of the following must be provided to highlight transit service in the area: directional signage to bus routes or train stations; up-to-date timetables or a vicinity map; or advertisements for major attractions that are accessible by transit.
(2) 
Bicycle amenities. Appropriate space for storage of bicycles, such as racks or lockers, and clear signage directing users to them, in accordance with the following schedule: one bicycle space per residential unit; three bicycle spaces per 5,000 square feet nonresidential.
(3) 
Sidewalk. Building entries must be oriented to a public sidewalk.
(4) 
Public areas. Plazas or other open space, where appropriate, proportionate to the size and scale of the project, which may provide space for transit-convenience retail, such as a coffee kiosk, etc. This is only required on lots larger than 20,000 square feet.
(5) 
Landscaping. Street trees and decorative tree grates shall be provided for every 25 feet of road frontage. Planters, flower baskets, or similar landscape accents that do not impede pedestrian circulation shall be provided. All street tree wells shall measure four feet by eight feet and shall be paved with cobblestone.
(6) 
Lighting. Decorative streetlighting, compatible with other streetlighting in the district, including a banner identifying the transit district, i.e., Village Core, and also capable of adding decorative attachments such as flower pots and/or holiday lights.
(7) 
Artwork. Space for a mural, sculpture or other form of artwork, preferably by local artists.
(8) 
Street furniture. Benches or other amenities for pedestrian seating, refuse containers, bollards, etc.
(9) 
Architectural enhancements. Awnings, blade signage, gooseneck or other decorative building lighting.
B. 
Minimum glazing requirements.
(1) 
No existing window visible to a public street is permitted to be removed or reduced in size or transparent glazing area.
(2) 
For new structures or for areas of addition to existing structures, the following minimum amounts of transparent fenestration are required:
(a) 
Ground-floor commercial area street-facing walls: minimum 75% of wall area between grade and the ceiling level of the first floor; but for corner buildings, the secondary facade is permitted a minimum glazing area of 50%.
(b) 
All street-facing front walls on any structure except for ground-floor commercial areas referenced above: minimum 25% of wall area.
(c) 
Street-facing side or rear walls for corner buildings or through-lot buildings: minimum 15% of wall area.
(d) 
Non-street-facing walls: minimum 10% of wall area unless applicable building code requires a lower percentage of wall area; in which case, the maximum permitted fenestration area shall be required.
C. 
Sustainability guidelines. This plan encourages the use of green rating systems to incorporate sustainable design measures into development. Rating systems include the LEED (Leadership in Energy and Efficiency) rating system developed by the USGBC (United States Green Building Council) and the ENERGY STAR rating system, a joint program of the United States Environmental Protection Agency and the United States Department of Energy.
(1) 
All new buildings and rehabilitated buildings are encouraged, although not required, to obtain a LEED certification or equivalent.
(2) 
Newly constructed homes are encouraged to earn the ENERGY STAR rating.
(3) 
New commercial/industrial buildings are encouraged to earn an ENERGY STAR rating. A building must score in the top 25% based on the EPA's National Energy Performance Rating System.
(4) 
All buildings that are newly constructed or rehabilitated are encouraged to use ENERGY STAR products for: sealing/insulating, roofing, windows/doors, heating and cooling, plumbing and lighting.
(5) 
All new buildings must incorporate the 2009 IECC for low-rise residential buildings and the 2007 ASHRAE 90.1 standards.
D. 
The architectural design guidelines shall include:
(1) 
Building placement, massing and architecture shall be organized and designed as a contextual whole. The architectural facades shall be varied, yet may maintain common elements of design throughout the overall TVD to ensure a cohesive architectural character. The first-story "street level" shall be differentiated from the upper stories on the facade through fenestrations and treatments so as to give visual interest from the street.
(2) 
The entire TVD shall be subject to the City of East Orange Property Maintenance Code and all upkeep and enforcement actions established by that code.
(3) 
The front facade of a building shall not have large expanses of blank or featureless walls.
(4) 
Awnings are encouraged to create a pedestrian-level feel to the neighborhood despite the height of the buildings.
(5) 
Mirrored glass at street level shall be prohibited.
(6) 
A new building shall respect and take into account the adjacent existing building's facade composition, such as cornice, soffit line, fenestration, floor-to-floor elevation, size, scale and setbacks, to enhance the visual relationship.
(7) 
All pedestrian entrances and walkways shall be well-lit and separate from service entrances.
(8) 
Satellite dishes, barbed wire, television and radio antennas, rooftop mechanical equipment shall be screened from view from any public street. None of these shall be located on the front facade of a building or any area visible from a public street.
(9) 
Buildings shall be designed so as to be aesthetically pleasing from all viewing points and shall be oriented toward the street so as to provide a continuous and varied streetscape. Aluminum or vinyl "clapboard" or "dutchlap" style siding is prohibited as an exterior wall material on any wall visible from a public street. Additionally, direct-applied finish system (DAFS), exterior insulation and finishing system (EIFS), or similar materials are prohibited as exterior materials.
E. 
The streetscape design guidelines shall include:
(1) 
There shall be a unified and detailed streetscape plan prepared for the redevelopment area, which takes into consideration the surrounding streetscape plans for the other redevelopment areas.
(2) 
Street trees should be planted at regular intervals and no further than 35 feet on center from each other. Other streetscape amenities such as decorative benches, trash receptacles, pedestrian bollards, clear signage including "wayfinding" signage, and light poles shall be included in the streetscape.
(3) 
Any proposed development shall comply with § 51-193, Landscaping, and any tree protection ordinance and/or landscaping ordinance adopted by the City.
The following regulations apply to signs in the TVD.
A. 
General provisions.
(1) 
Applicability. The regulations set forth in this article are not applicable to traffic regulatory or traffic safety signs on private property which are deemed unnecessary for public safety or to signs on the interior of a structure which are not visible to outside view.
(2) 
Sign area. Except where otherwise indicated, the "sign area" shall be construed to mean the aggregate area of all signs on the lot.
(3) 
Abandonment. At the termination of a business, commercial or industrial enterprise, all signs pertaining thereto shall immediately be removed from the public view. Responsibility for violation shall reside with the property owner, according to the latest official tax roll listings.
(4) 
District standards. Business establishments which are located within districts where a unified theme is encouraged or where specific design standards are established may be permitted to vary from the requirements of this article, subject to study by the Site Plan Review Committee and to review and approval by the Planning Board. In considering such signs, the Planning Board shall use the following criteria:
(a) 
The aesthetic appearance shall be compatible with the neighboring signs and facades.
(b) 
The proposed signs shall not contribute to undue visual confusion.
(c) 
The proposed signs shall conform to any design concept established for the specific area.
(d) 
The proposed signs shall match, complement or otherwise be compatible with the existing architectural features of the building and shall not clash, cover, obscure or interfere with these features.
(5) 
Street address. The street address shall be displayed prominently in Arabic numerals, facing the street, and shall be of a size and placement visible and legible to police, fire and emergency services personnel.
(6) 
Reflective paint. Reflective, neon or iridescent paint is prohibited for signs.
(7) 
Damaged and weathered signs. Any sign where elements of the display area or panel are visibly cracked, broken or discolored, where the support structure or frame members are visibly corroded, bent, broken, torn or dented, or where the message can no longer be read under normal viewing conditions shall be immediately repaired or removed and replaced with a conforming sign.
(8) 
Construction signs. One nonilluminated construction sign, not exceeding 16 square feet in area, shall be permitted on construction sites, provided that it shall be removed within seven days after the issuance of the first certificate of occupancy.
B. 
The following types of signs are specifically prohibited:
(1) 
Signs with statements, words or pictures of any obscene, indecent or immoral character, such as would offend public morals or general standards of decency.
(2) 
Signs which simulate or include official traffic signs or signals or which contain words such as "stop," "go slow," "caution," "danger," "warning" or like words or designations.
(3) 
Illuminated signs in which the colors of red, green or amber are used and which are located within a radius of 100 feet of a traffic signal.
(4) 
Signs which are internally and/or externally illuminated by rotating, flashing or intermittent lights, including digital or video displays and signs which move and rotate in any manner or which have such components, except that signs not exceeding four square feet which denote time-and-temperature changes are permitted.
(5) 
Any sign which obscures a sign displayed by a public body or which obscures the motorist's view of oncoming traffic.
(6) 
Signs and decorations which utilize or take the form of banners, pennants, printed sails, series of posters, ribbons, streamers, strings of light bulbs, spinners, balloons or other stationary or moving devices, except as permitted as temporary signs.
(7) 
Signs painted directly on the outside of buildings.
(8) 
Signs used to advertise garage sales, yard sales, rummage sales, flea markets or other such activities, except that one such sign may be displayed on the subject property for a period not to exceed 14 days.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(9) 
Temporary signs mounted, stapled, nailed, pinned, taped, glued or otherwise affixed to the exterior walls of buildings and privately owned fixtures.
(10) 
A-frame signs, except those which are approved as temporary signs.
(11) 
Signs which are erected, attached to or constructed on the roof of any building or structure.
(12) 
Private signs located within the street right-of-way or which are attached to public utility poles, lampposts, public signs or like structures.
(13) 
Signs which are affixed to other signs.
(14) 
On-site and off-site business signs that are portable signs held by hand, including but not limited to banners, pennants, placards, posters and spinners.
(15) 
All other sign types, uses and purposes not explicitly permitted.
C. 
Supplementary regulations for certain uses.
(1) 
Hotels and motel inns may have one identification sign for each lot frontage, but not more than two. Such sign shall not exceed an area of 150 square feet.
(2) 
A theater may be allowed:
(a) 
A marquee sign, which shall not exceed 100 square feet in aggregate area and five feet in height. Said sign shall be limited to letters used for identifying the name of the theater and the current or coming attractions to be played therein.
(b) 
Two outdoor display cases, which shall not exceed 20 square feet each and 10 feet in height.
(3) 
A commercial establishment on the second floor of a building may have:
(a) 
One window sign.
(b) 
Window signs shall be no more than 20% of the total window area.
(c) 
Temporary window signs are not permitted.
D. 
Permitted sign types. The sign types in this section shall be permitted in the City of East Orange, subject to applicable regulations contained elsewhere in this article.
(1) 
Monument sign.
(a) 
Monument signs are only permitted in the VC, MSE, CAE and ES zones in the TVD.
(b) 
Components.
[1] 
Monument signs shall consist of a solid structural base with a framework of the same material. Monument signs have a message area that consists of individual letters that are externally illuminated.
[2] 
Street address. Number and street name required for all monument signs.
(c) 
General provisions.
[1] 
Monument signs for businesses or shopping centers shall be permitted where the primary street frontage is greater than 50 feet. One monument sign is permitted per street frontage.
[2] 
The base of the sign shall be landscaped. Landscaping shall not obscure text. Landscaping shall not block sight lines of the driveway or circulation aisles.
[3] 
A monument sign shall use between 5% to 10% of its area for address identification. Letters and numbers shall be at least six inches high and be legible from the street.
[4] 
Monument signs shall be designed to match or complement the colors and architectural features of the adjacent building; incorporate similar architectural elements at top, sides or base to frame the sign. Monument signs shall include a cap.
[5] 
If a monument sign contains listings for multiple tenants, the information shall be presented in a clear and consistent manner. Color, font size, and style shall be coordinated across a monument sign.
(d) 
Placement.
[1] 
Monument signs shall be placed in the front yard area at least five feet distant from the site's principal building. Monument signs shall not block sight lines at the driveway or circulation aisles.
[2] 
No portion of the monument sign shall be located within the public right-of-way.
(e) 
Permitted quantities and dimensions.
[1] 
Refer to the table below for permitted quantities and dimensions.
Table 51-115.1: Monument Signs
Quantity
1 per street frontage;
2 maximum
Area
Maximum 80 square feet
a.
Width
Maximum 10 feet
b.
Height
Maximum 8 feet
c.
Valance height
n/a
d.
Depth/projection
Maximum 2 feet
e.
Clearance
n/a
f.
Apex
n/a
g.
Letter height
Minimum 6 inches
(2) 
Wall-mounted sign.
(a) 
Wall-mounted signs are permitted in all zones where commercial uses are permitted.
(b) 
Components.
[1] 
Components of wall-mounted signs shall include the letters, background, lighting and an optional logo. Wall-mounted signs shall be of the following construction types:
[a] 
Cut-out letters. Letters are individually attached to the wall or on a separate background panel and shall be externally illuminated.
[b] 
Channel letters. Each letter has its own internal lighting element, individually attached to the wall or onto a separate background panel. The letter shall be translucent or solid to create a backlit "halo" effect.
[c] 
Flat panel. The letters are printed or etched on same surface as the background, which is then affixed to the wall and shall be lit externally.
(c) 
General provisions.
[1] 
All businesses are permitted one wall-mounted sign. A business may have one additional wall sign where it has a secondary street frontage, but in no case shall a business have more than two wall-mounted signs in total. Where a business is allowed more than one wall-mounted sign, each sign shall be on a separate facade.
[2] 
Wall-mounted signs shall consist of the name and logo of the business.
[3] 
Height and width shall be measured using smallest rectangle that fully encompasses the entire extent of letters, logo and background.
[4] 
Wall-mounted signs shall not be wider than building face or tenant space.
[5] 
Wall-mounted signs shall not project vertically above the roofline.
[6] 
Where multiple wall-mounted signs are present on a single building (i.e., for retail tenants in a shopping center), signage shall be coordinated in terms of scale, placement, colors and materials.
[7] 
Wall-mounted signs shall be illuminated at least from dusk to dawn. External lights shall be shielded from direct view to reduce glare.
[8] 
Electrical raceways, conduits and wiring shall not be exposed.
(d) 
Placement.
[1] 
Wall-mounted signs shall be placed where the architectural features suggest the best placement for signage. They shall be vertically aligned with the center of an architectural feature such as a storefront window, entry portal, or width of a bay or overall retail space.
[2] 
Placement of wall-mounted signs shall be compatible with existing architectural features such as bays, openings, pilasters, etc. They shall not interrupt or obscure these features or cause visual disharmony.
[3] 
Wall-mounted signs are not permitted above the ground floor of buildings.
(e) 
Permitted quantities and dimensions.
[1] 
Refer to the table below for permitted quantities and dimensions.
Table 51-115.2: Wall-Mounted Signs
Quantity of signs
1 per business; 2 for corner properties
Sign area
1.5 square feet per linear foot of building front
a.
Width
Maximum 90% of width of building front
b.
Height
Maximum 24 inches
c.
Valance height
n/a
d.
Depth/projection
Maximum 7 inches
e.
Clearance
Minimum 7 feet
f.
Apex
n/a
g.
Letter height
Maximum 18 inches
(3) 
Awning sign.
(a) 
Awning signs are permitted in zones of the TVD where commercial establishments are permitted.
(b) 
The following awning sign types are permitted:
[1] 
Shed and patio awnings with or without signbands.
[2] 
Long dome awnings with or without signbands.
[3] 
Dome awnings with or without signbands or marquee.
[4] 
Marquee awnings.
[5] 
Gable awnings.
(c) 
The following awning sign types are prohibited:
[1] 
Waterfall and multilevel waterfall awnings.
[2] 
Box awnings.
(d) 
General provisions.
[1] 
Awning signs shall contain the business name, logo and street address.
[2] 
The height of the valance of an awning sign shall not exceed 12 inches.
[3] 
Letters, numbers and graphics may be printed only on the valance portion of the awning sign and must be between five inches to 10 inches in height and cover no more than 70% of the valance area. A logo may be printed on the flat surfaces of a shed awning sign. The size of the logo shall not exceed more than 50% of the area of the flat surface.
[4] 
Awning signs shall be made of a high-quality canvas, woven acrylic, or similar material. Vinyl, plastic, Mylar and other shiny or glossy materials are prohibited. "Egg crate" undersides to awning signs are prohibited.
[5] 
Awning signs shall not be internally illuminated or backlit.
[6] 
Awning signs shall be colored or patterned so as to match or complement the architecture or the brand of the business.
[7] 
Where multiple awning signs are present on a single building (i.e., for multiple retail tenants in a shopping center), awning signs shall be coordinated in terms of scale, colors, materials and placement.
[8] 
Torn or damaged awning signs shall be repaired or replaced immediately.
(e) 
Placement.
[1] 
Awning signs shall not obscure architectural features such as pilasters, friezes, roof eaves, roofs, etc. Where possible, they shall be contained within a storefront window bay. Awning signs that span continuously across the entire face of the building's facade are discouraged.
[2] 
Awning signs shall not extend beyond the width of the building or tenant space. Awning signs shall not project above the roofline or extend into the floor above.
[3] 
No portion of an awning sign shall be less than seven feet above the surface over which it projects or project more than four feet into a public right-of-way.
(f) 
Permitted quantities and dimensions.
[1] 
Refer to the table below for permitted quantities and dimensions.
Table 51-115.3: Awning Signs
Quantity
1 per window or storefront bay
Area
n/a
a.
Width
Maximum equals width of building front
b.
Height
n/a
c.
Valance height
Maximum 12 inches
d.
Depth/projection
Maximum 4 feet
e.
Clearance
Minimum 7 feet
f.
Apex
n/a
g.
Letter height
Minimum 5 inches;
maximum 10 inches
(4) 
Window sign.
(a) 
Window signs are permitted in all zones where commercial establishments are permitted.
(b) 
Components. Window signs shall be of the following construction types:
[1] 
Poster or placard. A sign printed on paper, card stock or other material which is affixed to the window or placed against it.
[2] 
Label applique letters. A sticker that is applied to the window. Label appliques shall consist of individual letters or graphics with no background.
[3] 
Painted letters. Painted directly on the window.
[4] 
Hanging sign. Signs that are hanging from the ceiling behind the window. Usually these signs require electricity for illumination. Examples include neon signs or an internally illuminated box or cabinet sign.
[5] 
Video display sign. Signs consisting of electronically generated text and images displayed on a computer monitor, television screen, LCD photo frame, or similar device.
[6] 
Door sign. Signs applied to the glass portion of an entrance doorway.
[7] 
Neon sign.
(c) 
General provisions.
[1] 
Window signs shall not interfere with the primary function of windows, which is to enable passersby and public safety personnel to see through windows into premises and product displays.
[2] 
Window signs shall be no larger than 25% of the total area of the glass panel onto which they are applied. Commercial, office or institutional establishments on the second floor of a two-story building are permitted to have window signs that shall be no larger than 25% of the total area of the glass panel onto which they are applied. Window signs are not permitted above the ground floor of buildings three stories and higher.
[3] 
Merchandise or other objects that are located inside within three feet of the window and that are not part of a commercial window display shall be considered window signs, subject to the provisions of this regulation.
[4] 
A door sign shall be no larger than 25% of the area of the door onto which it is applied.
[5] 
Neon signs shall be no larger than two square feet. The dimensions of neon signs shall be included in calculations of window sign areas.
[6] 
Neon lights outlining windows are prohibited.
[7] 
Letters on window signs, including neon signs and door signs, shall not be taller than eight inches.
[8] 
Video display signs are permitted only behind and facing the inside of ground-floor windows.
[9] 
Video display signs shall be no larger than 2.5 square feet. The dimensions of video displays shall be included in the calculations of window sign areas.
[10] 
Video display signs shall present a static display and shall not change more frequently than 20 seconds and shall not flash or include animations other than fades, dissolves or wipes through black.
[11] 
Audio speakers or any form of sound emanating from video display devices is prohibited.
[12] 
Except for neon signs and video display signs, where permitted, and ambient lighting, window signs shall not be illuminated.
(d) 
Placement.
[1] 
Window signs shall be applied to or placed facing the interior side of the window.
(e) 
Permitted quantities and dimensions. Refer to the table below for permitted quantities and dimensions
Table 51-115.4: Window Signs
Quantity
See § 51-115D(4)(c), General provisions
Area
See § 51-115D(4)(c) , General provisions
a.
Width
n/a
b.
Height
n/a
c.
Valance height
n/a
d.
Depth/projection
n/a
e.
Clearance
n/a
f.
Apex
n/a
g.
Letter height
Maximum 8 inches
(5) 
Projecting sign.
(a) 
Projecting signs are permitted in all zones where commercial establishments are permitted.
(b) 
Components. Components of projecting signs shall include the letters, background, lighting and an optional logo. Permitted projecting signs are classified into the following construction types:
[1] 
Cut-out letters. Letters are individually attached on a panel; shall be externally lit.
[2] 
Flat panel. The letters are printed or etched on same surface as the background, which is then affixed to the wall; shall be externally lit.
(c) 
General provisions.
[1] 
Businesses shall be permitted one projecting sign where its primary frontage is no more than five feet from the front setback line. Businesses that have a secondary frontage on another street that is no more than two feet from the side setback line shall be permitted to have one additional projecting sign on that facade.
[2] 
Projecting signs shall be on a single plane and project at a 90° angle from the face of the building. Signs may be double-sided.
[3] 
Projecting signs shall be permitted only for businesses that have a primary entrance on the ground floor.
[4] 
Mounting hardware, such as supports and brackets, shall be simple and unobtrusive or be highly decorative, but must complement the design of the sign, the building, or both.
[5] 
For buildings with multiple signs (e.g., for multiple retail tenants in a shopping center), mounting hardware or sign shapes, sizes and colors shall be coordinated.
(d) 
Placement.
[1] 
Projecting signs shall not extend beyond the top of the roofline.
[2] 
On multistory buildings, projecting signs shall not extend above the bottom of the second-floor window sills, unless placed above a marquee sign.
[3] 
No portion of a projecting sign shall be less than eight feet above the surface over which it projects or project more than four feet from the wall on which it is attached into a public right-of-way.
(e) 
Permitted quantities and dimensions.
[1] 
Refer to the table below for permitted quantities and dimensions.
Table 51-115.5: Projecting Signs
Quantity
1 per facade;
2 maximum
Area
16 square feet
a.
Width
Maximum 4 feet
b.
Height
Maximum 4 feet
c.
Valance height
n/a
d.
Depth/projection
Maximum 4 feet
e.
Clearance
Minimum 8 feet
f.
Apex
n/a
g.
Letter height
Maximum 8 inches
(6) 
Temporary sign, freestanding.
(a) 
Freestanding temporary signs are permitted in all zones where commercial establishments are permitted.
(b) 
Components. Sandwich boards or A-frame signs. A freestanding, double-sided temporary sign is placed at the entrance to a business in a primarily pedestrian environment. It is convenient to move and store and be placed outside on a day-to-day basis and removed at the close of business each day.
(c) 
General provisions.
[1] 
One A-frame sign (also known as "sandwich board") shall be permitted for each business. A-frame signs should be made of high-quality materials and be weather-durable. A-frame signs shall not exceed 42 inches in height or 26 inches in width.
[2] 
A-frame signs shall not be placed more than five feet from the building wall.
[3] 
A-frame signs shall be stored inside when the business is not open or when the sign is not in use. A-frame signs shall also be stored inside during high winds or other weather conditions that might pose a hazard to public safety.
(d) 
Permitted quantities and dimensions.
[1] 
Refer to the table below for permitted quantities and dimensions.
Table 51-115.6: Freestanding Temporary Signs
Quantity
1
Area
8 square feet
a.
Width
Maximum 26 inches
b.
Height
Maximum 42 inches
c.
Valance height
n/a
d.
Depth/projection
Maximum 5 feet
e.
Clearance
n/a
f.
Apex
n/a
g.
Letter height
n/a