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:
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effect except where they are hereby superseded by the requirements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]
(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.
(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."
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.
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.
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.
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]
(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.
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.
(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.
(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.
(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:
(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
|