Ordinance No. 04-19

Introduced: February 21, 2019
Public Hearing: March 21, 2019
Status: Adopted

An Ordinance Amending the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey to Establish the Village Mixed Use - VMU District and to Rezone Several Properties in Accordance with the Mount Freedom Planning Study Update

WHEREAS, the Municipal Land Use Law (“MLUL”) of the State of New Jersey, N.J.S.A. 40:55D-1 et seq. grants to municipalities the power to adopt a zoning ordinance relating to the nature and extent of the uses of lands, buildings and structures thereon; and

WHEREAS, the Township of Randolph Planning Board (“Planning Board”) adopted the “Mount Freedom Planning Study Update” which recommended several revisions to the Land Development Ordinance of the Township of Randolph, including the creation of a new Village Mixed Use (VMU) District and the rezoning of several properties located in the Township; and

WHEREAS, the Township of Randolph (“Township”) desires to amend Land Development Ordinance to establish a Village Mixed Use (VMU) District and to rezone several properties consistent with the recommendations of the Planning Board in the Mount Freedom Planning Study Update.

NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Randolph, County of Morris, and State of New Jersey as follows:

SECTION ONE. The definition of “Nonresidential zones” set forth in Section 15-2.2, Definitions, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced with the following:

Nonresidential zones means those zones set forth in Article III of this Chapter known as the B-1, B-2, B-2ENV, B-3, B-4, SS/VO, VC-C, OL, LVC, I-1, I-2, PO/R and VMU districts.

SECTION TWO. The Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, is hereby amended by the addition of the following:

Section 15-25A. Village Mixed Use (VMU) District

15-25A.1. - Purpose.

This zone district is designed to encourage a mix of commercial uses and residential uses that are appropriate to the area. 15-25A.2. - Permitted uses.

1. Principal uses.
   1. Retail and service businesses.
   2. Business and professional offices.
   3. Banks and fiduciary institutions.
   4. Restaurants, taverns, grills and other eating establishments.
   5. All uses as permitted and regulated in the R-3 Single Family Residential Zone District.
   6. Single family dwellings with a permitted commercial use on first floors.
   7. Two family dwellings subject to the bulk requirements of the R-3 Zone District.
2. Accessory uses.
   1. Customary accessory uses to the uses permitted above.
   2. Outdoor dining areas associated with restaurants and limited-service restaurants. Outdoor dining shall not be conducted after 10:00 p.m. and seating for outdoor dining shall not exceed 20 percent of the indoor seating. An application may be made for permission to operate additional hours if the applicant can demonstrate in a written analysis that site conditions allow sound generated from outdoor dining to be in compliance with Section 15-49.12 (Noise) of the Land Development Ordinance of the Township of Randolph. Such an application shall be made as follows: (1) to the Planning Board if there is no application pending before either the Planning Board or Board of Adjustment; (2) to the Planning Board if there is an application pending before the Planning Board; or (3) to the Board of Adjustment if there is an application pending before the Board of Adjustment.
3. Conditional uses, pursuant to the requirements in section 15-35.
   1. Institutional uses, government uses and public utility facilities.

15-25A.3. - Prohibited uses.

Any use other than those listed above is prohibited and, in addition, the following uses are specifically prohibited:

1. Any type of industrial operation or use including any process of manufacture, fabrication, assembly, disassembly, extraction, treatment, conversion or alteration of any material, unless clearly incidental or accessory to the permitted principal use.
2. Any business operation conducted outside confines of a building, except as provided in 15-42.
3. Any commercial wholesaling operation or warehouses.
4. Restaurants with exterior drive-up window service.

15-25A.4. - Area and bulk requirements.

1. Minimum lot area: 15,000 square feet.
2. Minimum front yard: 20 feet.
3. Minimum side yard: 20 feet for one side yard. The aggregate of two side yards shall not be less than 50 feet.
4. Minimum rear yard: 70 feet.
5. Minimum frontage: 100 feet.
6. Maximum height: 40 feet.
7. Maximum floor area ratio: .15.
8. Maximum impervious coverage: .60.
9. Distance between buildings. Buildings shall not be erected closer than 30 feet to any other building situated on the same lot.
10. Outdoor dining areas shall be permitted in all yards and shall comply with the front yard requirement, accessory structure side and rear yard requirements and buffer requirements.

15-25A.5. - Overlay standards.

The VMU district is subject to the VCR Overlay 3 district. The standards are provided in Section 15-39.

SECTION THREE. Subsection A, “Signs in the B-1 and PRD Zones,” of Section 15-43.17, Signs in nonresidential zoning districts, including nonresidential areas of a planned development, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, is hereby deleted in its entirety and replaced with the following:

1. Signs in the B-1 and VMU Zones.
   1. Uses shall be permitted - one (1) major freestanding or ground sign, not exceeding five (5) percent of the building facade or thirty-two (32) square feet, whichever is less.
   2. Facade, awning, canopy and/or window signs shall be permitted for each commercial building. The aggregate total of all such signs shall not exceed five (5) percent of the front facade of the principal building. Where no freestanding or ground sign is used, the aggregate total of all such signs shall not exceed seven (7) percent.
   3. No freestanding sign in these districts shall exceed a height of twelve (12) feet nor be setback less than fifteen (15) feet from any lot line or right-of-way.

SECTION FOUR. Subsection B.4., “Buffer Dimensional Requirements,” of Section 15-51.4, “Frontage and transition buffer requirements,” of Section 15-51, Screening and Buffer Landscape Requirements, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, is hereby deleted in its entirety and replaced with the following:

4. In any (B-1, VMU or SS/VO) zone, there shall be no required frontage buffer and any transition buffer shall be 10% of lot width but not less than 10 feet nor more than 50 feet in width.

SECTION FIVE. The Zoning District for the following properties listed by block and lot shall be changed as follows:

SECTION SIX. The Zoning Map of the Township of Randolph, Morris County, New Jersey is hereby amended to reflect the Zoning Map revisions set forth in this Ordinance and as set forth in the attached Exhibit A entitled, “Proposed VMU Zone District.”

SECTION SEVEN. All ordinances or parts of ordinances in conflict or inconsistent with any part of this Ordinance are hereby repealed to the extent that they are in such conflict or inconsistent.

SECTION EIGHT. This Ordinance may be renumbered for codification purposes.

SECTION NINE. In the event that any section, part or provision of this Ordinance shall be held to be unenforceable or invalid by any court, such holding shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part so held unenforceable or invalid.

SECTION TEN. This Ordinance shall take effect 20 days after passage and publication as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
James B. Loveys, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 04-19

Notice is hereby given that an Ordinance entitled “An Ordinance Amending the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey to Establish the Village Mixed Use (VMU) District and to Rezone Several Properties in accordance with the Mount Freedom Planning Study Update” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on February 21, 2019 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on March 21, 2019 at 7 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to amend Land Development Ordinance to establish a Village Mixed Use (VMU) District and to rezone several properties consistent with the recommendations of the Planning Board in the Mount Freedom Planning Study Update.

A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey