Ordinance No. 2-07

Introduced: January 4, 2007
Public Hearing: February 1, 2007
Status: Defeated

An ordinance amending the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey to modify the PO/R district, to rezone certain properties, and to make various other amendments

WHEREAS, the Municipal Land Use Law 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 (“Township”) desires to modify its existing Land Development Ordinance to shift the emphasis of use in the PO/R Zone to residential uses and allow only those nonresidential uses existing in the B-1 or B-2 Zones on July 31, 1992 to continue, and to make fiduciary or financial institutions or office buildings conditional uses in order to ensure the purpose and intent of the Master Plan and the Zoning Ordinance is achieved; and

WHEREAS, the Township desires to rezone certain properties within the Township consistent with the 2006 Master Plan and to make certain other revisions in the Land Development Ordinance.

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 1. Article III, Zoning, Section 15-31, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, is hereby amended to be retitled as follows:

15-31. R/PO RESIDENTIAL AND PROFESSIONAL OFFICE DISTRICT

SECTION 2. Section 15-31.2, Permitted Uses, subsection A, “Principal uses”, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, is hereby amended to read as follows:

A. Principal uses.

1. Single-family detached dwellings as permitted and regulated in the adjacent residential district. In the event that the lot(s) to be developed is adjacent to more than one residential district, the regulations of the most restrictive residential district shall apply even if the lot(s) is separated from the residential district by a street.

2. Any existing commercial uses that were legally in existence in the B-1 or B-2 zones on July 31, 1992, may be continued as a permitted use, subject to the regulations of this section.

SECTION 3. Section 15-31.2, Permitted Uses, subsection C, “Conditional uses, pursuant to the requirements in section 15-35”, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, is hereby amended to read as follows:

C. Conditional uses, pursuant to the requirements in section 15-35,

1. Institutional uses, government uses and public utility facilities.

2. Home offices.

3. Fiduciary or financial institutions such as banks or savings and loan associations.

4. Office buildings, including business, administrative, professional or medical.

SECTION 4. Section 15-35, CONDITIONAL USES, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey, is hereby amended to add a new subsection 15-35.18, Fiduciary or Financial Institutions and Office Buildings, to read as follows:

15-35.18. Fiduciary or Financial Institutions and Office Buildings

Where fiduciary or financial institutions or office buildings are designated as conditional uses in the R/PO Zone, the following bulk standards shall apply:

A. Minimum lot area: 30,000 square feet. The requirements of the adjacent residential district pursuant to Section 15-31.2A(1) shall apply to the area and bulk standards for the applicable adjacent residential zone district, except that the minimum lot area shall not be less than 30,000 square feet.

B. Minimum lot frontage: 100 feet.

C. Minimum setback: No part of any structure shall be closer than fifty (50) feet to any street line or adjacent residential zone line nor closer than twenty-five (25) feet to any property line.

D. Parking area setback: Parking areas shall not be closer than fifteen (15) feet to any street line or residential property line nor closer than five (5) feet to any other property line, except for properties providing a shared parking arrangement with an adjacent use.

E. Maximum height: No facade of any structure shall exceed a height of thirty (30) feet and two (2) stories, whichever is lesser. An additional five (5) feet and/or a half-story may be permitted upon an affirmative finding by the Board that the project is compatible with adjacent land use and site characteristics.

F. Maximum floor area ratio: .13.

G. Maximum impervious coverage: Fifty (50) percent.

H. Maximum structure size: Seven thousand five hundred (7,500) square feet.

I. Residential conversions: The conversion of an existing residential structure to any nonresidential use shall only be permitted where the character of the existing structure is maintained and all off-street parking and other requirements contained in this ordinance are met. Any conversion of an existing residential building to a commercial use shall be consistent with the existing architecture.

SECTION 5. Section 15-2.2, Definitions, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended to redefine the following terms as follows:

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 and I-2 districts.

* * *

Residential zones means those zones set forth in Article III of this Chapter and known as the RR, RR-5, RLD, R-1, R1-A, R-2, R-3, R-4, R-5, R-GAH, PRD, VC-R, OS/GU and R/PO districts.

SECTION 6. Section 15-30.4, AREA AND BULK REQUIREMENTS, subsections A, Lot Area, and B, Minimum frontage, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey are hereby revised to read as follows:

15-30.4 Area and bulk requirements.

A. Lot area: 10 acres

B. Minimum frontage: Each lot shall have at least 400 feet of continuous frontage on an improved public road, meeting Township road standards and standards specified in this ordinance and the Randolph Township Master Plan, as amended and supplemented, except that the frontage along county roads shall be improved in accordance with the applicable standards for county roads.

C-F. (no change)

SECTION 7. The Zoning District for the following properties listed by block, lot and street address shall be changed as follows:

SECTION 8. 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, “Zoning Map Revisions January 2007.”

SECTION 9. Section 15-12, ZONED DISTRICTS, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended to add thereto the following zone designations:

B-2 ENV
LVC Limited Village Commercial Zone
SS/VO Specialty Shop Village Office District

SECTION 10. Section 15-12, ZONED DISTRICTS, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended to delete reference therein to “PO/R Professional Office and Residential District” and substitute in its place the zone established in this Ordinance “R/PO Residential and Professional Office District”.

SECTION 11. Section 15-12, ZONED DISTRICTS, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended by deleting the following zone designations:

RLD-A Single Family Residential District
VC/MU Village Center Mixed Use

SECTION 12. 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 13. This Ordinance may be renumbered for codification purposes.

SECTION 14. 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 15. This Ordinance shall take effect after passage and publication as soon as practicable and in the manner provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________

CERTIFICATION

I, Donna Marie Luciani, Township Clerk, Township of Randolph, County of Morris, State of New Jersey, do hereby certify the foregoing to be a true copy of an Ordinance introduced, read by title, and passed on first reading at a regular meeting of the Randolph Township Council held on January 4, 2007 and adopted by the Governing Body at a regular meeting of the Township held on February 1, 2007.

_____________________________
Donna Marie Luciani, Township Clerk

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 2-07

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 Modify the PO/R District, to Rezone Certain Properties, and to Make Various Other Amendments” 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 January 4, 2007 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 February 1, 2007 at 8:00 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 allow fiduciary or financial institutions or office buildings in the current PO/R Zone as conditional uses and focus the principal use in the Zone as residential. The conditions to be satisfied for fiduciary or financial institutions or office buildings are standards similar to those that were originally contained in the permitted use section of the ordinance. In addition, the above Ordinance will rezone certain properties within the Township of Randolph and make other revisions in the land Development Ordinance as set forth therein.

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