A.
General intent.
(1)
The intent of this article is to establish a precise and detailed
plan for the use of land and buildings in the Borough of Roselle,
based upon the Borough Master Plan and any amendments thereto and
other studies and findings, enacted in order to promote and protect
the public health, safety, morals, comfort, convenience and the general
welfare of the people.
(2)
This article shall be viewed as permissive. After the adoption of
this article, no use or structure shall be permitted in the Borough
which is not listed as a permitted use by this article.
B.
Zone districts.
(1)
Designation of zoning districts. For the purpose of this article,
the Borough of Roselle is hereby divided into 11 districts or zones,
which terms may be used interchangedly, to be designated as follows:
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Residence A Zone (Low Density, Single-Family)
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Residence B Zone (Medium Density, Single- and Two-Family)
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Residence C Zone (High Density, Single-Family)
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Residence D Zone (High Density, Multifamily)
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Residence E Zone (High Density, Townhouse)
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Residence F Zone (High Density, Single-, Two- and Multifamily)
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Business/Commercial Zone
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Professional Office Zone
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Commercial-Industrial Zone
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Industrial Zone
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Public Use Zone
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(2)
Zoning Map. The location and boundaries of the above districts are
hereby established on the Zoning Map of the Borough of Roselle in
Union County adopted as part of Ordinance No. 2470-13, which is attached
hereto and made a part of this article.[1] Said map or maps and all notations, references and designations
shown thereon shall be a part of this article as if the same were
all fully described and set forth herein.
[1]
Editor's Note: The Zoning Map is on file in the office of
the Borough Clerk.
(3)
Designation of zone boundaries.
(a)
Unless otherwise noted, the district boundary lines are intended
generally to follow the center lines of streets; the center lines
of railroad rights-of-way; existing lot lines; and the municipal boundary
lines. However, where a district boundary line does not follow such
a line, its position shall be shown on the Zoning Map by a specific
dimension expressing its distance in feet from a street line or other
boundary line as indicated.
(b)
In the event that a district boundary line divides one or more
lots, then the zone boundary line shall be considered the lot limit
for computing all area, bulk, yard, buffer and any other dimension
requirements specified in this article, unless a zone district boundary
line falls within 20 feet of a lot line existing at the time of passage
of this article, then the lot line shall be considered the zone boundary
line.
(c)
In cases of uncertainty or disagreement as to the true location
of any district boundary line, the determination shall be made by
the Board of Adjustment.
D.
Supplementary zone district regulations.
(1)
General.
(a)
No business or commercial use shall operate on any lot wherein no principal structure devoted to said use exists, except that seasonal sales may be permitted on lots in nonresidential districts pursuant to the provisions of the Transient Merchants Ordinance, § 320-18 through § 320-22. No person shall receive more than one transient merchant license per year per lot.
(b)
No building or structure shall be erected and no existing building
or structure shall be moved, altered, added to or enlarged, nor shall
any land or building be designed, used or intended to be used, for
any purpose or in any manner other than as specified among the uses
listed as permitted, accessory or conditional in the district in which
such building or land is located.
(c)
No building or structure shall be erected, reconstructed or
structurally altered to exceed in height the limit designated for
the district in which such structure is located.
(d)
No building or structure shall be erected, no existing buildings
or structures shall be altered, enlarged or rebuilt nor shall any
open space surrounding any building be encroached upon or reduced
in any manner, except in conformity to the yard, lot, area and building
location regulations hereinafter designated for the district in which
such building or open space is located.
(e)
No yard or other open space provided for any building for the
purpose of complying with the provisions of this article shall be
considered as providing a yard or other open space for any other building
on any other use on a lot.
(f)
No land in a residential zone shall be used to fulfill open
space, minimum area, minimum yard and setback requirements, parking
or other similar requirements for uses in nonresidential zones.
(g)
The area or dimension of any lot, yard, parking area or other
space shall not be reduced to less than the minimum required by this
article; and, if already less than the minimum required by this article,
said area or dimension shall not be further reduced.
(h)
The maximum floor area ratio or impervious surface coverage
set forth in this article shall not be exceeded or, if already more
than the maximum, shall not be further increased.
(i)
No lot shall have erected upon it more than one principal residential
building (except for multifamily developments and garden apartments)
and no yard or other open space provided about any building for the
purpose of complying with the provisions of this article shall be
considered to provide a yard or open space for any other building
except in the case of multifamily, townhouse and garden apartment
developments.
(j)
Every principal building, except townhouse and garden apartment structures, shall be built upon a lot with frontage upon a public street improved to meet the Borough's requirements, or for which such improvements have been insured by the posting of a performance guaranty pursuant to § 650-87, unless relief has been granted by the Board of Adjustment, pursuant to N.J.S.A. 40:55D-36. In the case of townhouse and garden apartment complexes, every building shall be built such that all access is to an improved public street or improved private roadway connected with an improved public street.
(k)
Where a building lot has frontage on a street which the Master
Plan or the Official Map of the Borough indicates is proposed for
right-of-way widening, the required front yard area shall be measured
from such proposed right-of-way line.
(l)
No front yard shall be used for open storage of boats, trailers,
vehicles or equipment except for passenger automobile parking on driveways.
Boats, trailers or vehicles, other than those that are abandoned or
in a state of disrepair as defined in the Residential Property Maintenance
Code[2] or that are incapable of locomotion under their power,
may be stored on paved material behind the front property setback.
Under no circumstance may a vehicle, operable or not, be stored on
a residential lawn. All open storage areas, other than a driveway,
in other yard areas shall be suitably screened from view from a public
street. No lot having a lot width of less than 70 feet shall have
more than one driveway or a circular driveway.
(m)
Business establishments or uses shall not display goods for
sale purposes, nor shall coin-operated vending machines of any type
be installed in any location which would infringe upon the required
yard areas specified in this article, except as provided for below.
[1]
Between the hours of 7:00 a.m. and 9:00 p.m., business establishments
may display items or goods for sale purposes on a stand not to exceed
four feet from the front building line, providing there is four feet
of sidewalk space available for pedestrian traffic. The business establishment
must first obtain a permit which must be issued annually by the Borough
Zoning Department after inspection and payment of a fee of $50.
[2]
Restaurants may establish outdoor eating areas outside of their
establishment, provided that there is four feet of sidewalk space
available for pedestrian traffic. The restaurant establishment must
first obtain a permit which must be issued annually by the Borough
Zoning Department after inspection and payment of a fee of $50. Any
tables and chairs used for outdoor dining shall be secured at closing
time. Outdoor dining is only permitted between the hours of 7:00 a.m.
and 11:00 p.m.
(n)
When a new lot is formed so as to include within its boundaries
any part of a former lot on which there is an existing building or
use, the subdivision must be carried out in such a manner as will
not infringe upon any of the provisions of this article either with
respect to any existing structures or use and any proposed structures
or use.
(o)
The limitations of signs as set forth for the various zones
shall not apply to any sign or direction device erected by the federal,
state, county or local government or agency thereof.
(p)
The limitations of sign area as set forth in Chapter 98[3] for the nonresidential zones shall not apply to parking
lot markers, directional signs, entrance and exit signs and other
such signs which are erected on the premises, provided that such signs
do not exceed two square feet in area on any one side and do not contain
any advertising of the use on the premises.
(q)
Fences may be erected, altered or reconstructed to a height not to exceed four feet above ground level when located in a front yard area or to a height six feet above ground level if located elsewhere on the lot, except that in no case shall any fence be higher than four feet above ground level when located beyond a projection of any front building line of any adjacent improved lots or the setback line of any adjacent unimproved lots. The finished face side of all fences shall face the adjacent property and/or street. To the extent that the provisions of § 46-136[4] are in conflict, the most restrictive shall apply.
(r)
No dwelling units or apartments shall be permitted on any floor
level which is lower than 12 inches below finished grade.
(s)
Width of streets. Street line shall be no less than 25 feet
and no more than 50 feet from the center line of the street.
(t)
Structures for transmitting electric currents prohibited. No
person shall erect poles and towers for use in the transmission of
electric currents nor poles and towers on which are strung wire for
the transmission of electric currents; provided, however, that a permit
for the erection of such structures may be granted in the manner provided
by law for the granting of variances and exceptions from the provisions
of this article where such structures are found not to be detrimental
to the health, safety and general welfare of the Borough and reasonably
necessary for its convenience.
(u)
Use regulations supersede district regulations; exceptions.
The height, area, frontage, private garage and accessory building
and parking regulations which apply to uses other than those permitted
because permitted in another district shall apply to such uses wherever
located; provided, however that the regulations of the zone where
the use is located shall prevail wherever such regulations require
that the structure has less area, bulk or height.
(v)
No Class 5 cannabis retailer shall be permitted within 500 feet of
the property line of any other Class 5 cannabis retailer.
[Added 6-15-2022 by Ord. No. 2686-22]
(2)
Accessory structures in all zones.
(a)
Accessory structures not attached to the principal structure
may be erected in the rear yard in accordance with the following regulations:
[1]
No accessory structure shall be permitted in a side or front
yard.
[Amended 9-21-2022 by Ord. No. 2691-22]
[2]
No accessory structure shall be constructed on any lots in which
there is not a principal building or structure.
[Amended 9-21-2022 by Ord. No. 2691-22]
[3]
Rear dwellings are prohibited and no accessory structure, including
garages shall be used as dwellings.
[Amended 9-21-2022 by Ord. No. 2691-22]
[4]
In the Residence A, Residence B, Residence C, Residence D, Residence
E and Residence F Zones, accessory structures may be erected in the
rear yard not closer than five feet to the rear lot line and not closer
than five feet to the side lot line. Accessory structures within these
zones are limited to 15 feet in height, which is measured from the
grade to the tallest point of the structure.
[Amended 9-21-2022 by Ord. No. 2691-22]
[5]
Accessory structures in nonresidential zones shall meet the
setback requirements of the principal building.
[6]
In all nonresidential zones, the distance accessory structures
shall be located from any principal structure shall be determined
as part of site plan review.
(3)
Off-street parking and loading facilities.
(4)
Height regulations.
(a)
General application. No building or structure shall have a greater
number of stories or greater height than permitted in the zone where
such building or structure is located.
(b)
Permit exceptions.
[1]
Height limitations stipulated elsewhere in this article shall
not apply to the following when attached to the principal structures:
spires, belfries, cupolas and domes, monuments, chimneys, flagpoles,
private radio and telephone antennas, fire towers, tanks, water towers and standpipes.
All freestanding structures shall be considered as accessory structures
and shall meet the height requirements as set forth in this article,
except that freestanding light structures shall not exceed 16 feet
in height in any zone.
[2]
Mechanical appurtenances, such as condensers, elevator penthouses,
exhaust fans, air-conditioning equipment and other similar equipment,
are exempt from height restrictions, provided that they do not extend
more than 12 feet above the maximum height limitations, cover no more
than 20% of the roof area, and are properly shielded by a parapet
wall.
(c)
Where there is a limitation on stories, that portion of a building
under a gable, hip or gambrel roof, the wall plates of which on at
least two opposite exterior walls are not more than three feet above
the ceiling of the story beneath, shall not be considered a story
but shall be considered as a permitted extension; however, the height
from grade to the apex of the roof shall not exceed the height limitations
for the zone, and provided further that the space between the roof
and the ceiling below shall not be used for dwelling purposes.
(5)
Yard regulations.
(a)
Required yards shall be open to the sky and unprotected, except
that parapets, windowsills, door posts, rainwater leaders and similar
ornamental or structural fixtures may project up to one foot into
such yards.
(b)
Cornices, eaves and chimneys and room air conditioners may project
up to three feet into any minimum required front, side or rear yard
as set forth in this article.
(c)
Patios may be located within any rear yard but shall be not
less than seven feet from any property line. Central air-conditioning
equipment shall be located in the rear yard only.
(d)
An open or lattice iron fire escape or fireproof outside stairway
and a solid-floor open balcony to a fire tower may extend into a rear
yard, provided that such extension is not more than five feet.
(e)
Bay windows that do not aggregate in width more than 1/3 of
the frontage of the building may extend into a front yard, provided
that such extension is not more than three feet.
(f)
Ground story porches and piazzas, either open or enclosed with
glass as sun porches, may extend into a front yard, provided that
such extension is not more than six feet.
(g)
Ornamental planters, antique wagons or sleds and other similar
units shall be permitted in the front yard if deemed an acceptable
use by the Roselle Board of Adjustment.
(6)
Lot regulations.
(a)
Lot width. On regularly shaped lots, the minimum lot width of
any lot shall be measured at the front property line and required
front yard setback line as required for the zone in which it is located
and shall be maintained for a distance of not less than 40 feet to
the rear of the required front yard setback line. Where lots form
on culs-de-sac or curved streets, the minimum lot width is measured
on the arc of right-of-way line.
(b)
Corner lots. The required front yard shall be maintained on
both streets.
(c)
Through lots. Through lots shall be considered as having two
street frontages, both of which shall be subject to the front yard
requirements of this article.
(d)
Where a lot is bounded on three or more sides by roads, the
side opposite the front yard shall be considered the rear yard and
the minimum rear yard setback shall be maintained. The remaining frontage
shall be considered side yard but the front yard setback shall be
maintained for the side street.
(e)
Frontage upon a street. Every principal building shall be built
upon a lot with the minimum required frontage upon an approved street
which shall be improved in accordance with the street standards established
by the Borough of Roselle.
(f)
Number of buildings restricted. There shall not be more than
one principal structure on each lot in the Residence A and B Zones.
(7)
Uses,
structures and buildings prohibited in the Borough of Roselle:
[Added[5] 8-21-2019 by Ord. No.
2603-19]
(a)
Pipeline prohibition. Pipelines which are not public utilities that
distribute services to end users and are unregulated by the State
of New Jersey Board of Public Utilities are prohibited within any
zone in the Borough.
(b)
No cannabis establishment shall be allowed as a home occupation.
[Added 7-21-2021 by Ord.
No. 2659-21]
(c)
No cannabis establishment shall be housed in a vehicle or any
moveable or mobile structure.
[Added 7-21-2021 by Ord.
No. 2659-21]
(d)
No cannabis establishment shall operate an outdoor cannabis
consumption area within the Borough of Roselle.
[Added 7-21-2021 by Ord.
No. 2659-21]
The regulations set forth in this section or set forth elsewhere
in this article when referred to in this section are the regulations
in the Residence A Zone.
A.
Purpose. The purpose of this zone district is to promote the development
of appropriately zoned land within the Borough for single-family detached
dwellings at a low density and to permit other compatible uses in
accord with the spirit of this article.
B.
Use regulations. A building or premises shall be used only for the
following purposes:
(1)
(2)
Permitted accessory uses.
(a)
Residential professional offices, provided that:
[1]
Not more than two employees, be they other professionals or
staff employees, may be employed in the premises other than the residential
professional.
[2]
The site must provide at least one off-street parking space
for each professional and employee in addition to the required residential
parking.
[3]
There shall be no display of goods or advertising.
[4]
Not more than 25% of the gross floor area of the principal building,
excluding cellar area, shall be permitted to be used for a professional's
office.
[5]
Notwithstanding the provisions of § 98-13.B,[1] the professional may display a nameplate or sign, not
exceeding 72 square inches in area, indicating his or her name and
the professional practice or use. Such nameplate sign shall be affixed
to the door or wall adjacent to the entrance to the premises where
such use is conducted or maintained.
[1]
Editor's Note: Original Ch. 98, Signs, adopted 7-29-1960, as amended, of the 1975 Code, was repealed and entirely replaced 10-22-2015 by Ord. No. 2523-15, and said chapter was redesignated as Ch. 620, Signs, at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 98-13B pertained to professional nameplates.
(c)
Family day-care home.
(d)
(e)
Customary residential storage buildings not in excess of 200
square feet of building area.
(f)
Shelters for domestic pets not in excess of 50 square feet of
building area, exclusive of runs.
(h)
Other customary residential accessory structures such as private
swimming pools, private tennis courts, fireplaces, trellises, post
lights and the like.
C.
Bulk regulations.
(1)
Principal uses.
(a)
Minimum lot area: 6,000 square feet.
(b)
Minimum lot width and lot frontage: 60 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback: 25 feet.
(e)
Minimum side yard setback, each: five feet at the ground story
level and seven feet at the second story level.
(f)
Minimum rear yard setback: 25 feet.
(g)
Maximum permitted impervious coverage: 40%.
(h)
Maximum permitted building height: 32 feet and 2.5 stories.
[Amended 9-21-2022 by Ord. No. 2691-22]
The regulations set forth in this section or set forth elsewhere
in this article when referred to in this section are the district
regulations in the Residence B Zone.
A.
Purpose. The purpose of this zone district is to promote the development
of appropriately zoned land within the Borough for single-family detached
dwellings and two-family dwellings and to permit other compatible
uses in accord with the spirit of this article.
B.
Use regulations. A building or premises shall be used only for the
following purposes:
(1)
(2)
Permitted accessory uses.
(a)
Residential professional offices, provided that:
[1]
Not more than two employees, be they other professionals or
staff employees, may be employed in the premises other than the residential
professional.
[2]
The site must provide at least one off-street parking space
for each professional and employee in addition to the required residential
parking.
[3]
There shall be no display of goods or advertising.
[4]
Not more than 25% of the gross floor area of the principal building,
excluding cellar area, shall be permitted to be used for a professional's
office.
[5]
Notwithstanding the provisions of § 98-13B,[1] the professional may display a nameplate or sign, not
exceeding 72 square inches in area, indicating his or her name and
the professional practice or use. Such nameplate sign shall be affixed
to the door or wall adjacent to the entrance to the premises where
such use is conducted or maintained.
[1]
Editor's Note: Original Ch. 98, Signs, adopted 7-29-1960, as amended, of the 1975 Code, was repealed and entirely replaced 10-22-2015 by Ord. No. 2523-15, and said chapter was redesignated as Ch. 620, Signs, at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 98-13B pertained to professional nameplates.
(c)
Family day-care home.
(d)
(e)
Customary residential storage buildings not in excess of 200
square feet of building area.
(f)
Shelters for domestic pets not in excess of 50 square feet of
building area, exclusive of runs.
(h)
Other customary residential accessory structures such as private
swimming pools, private tennis courts, fireplaces, trellises, post
lights and the like.
C.
Bulk regulations.
(1)
Principal uses.
(a)
All principal uses, except for two-family dwellings.
[Amended 9-21-2022 by Ord. No. 2691-22]
[1]
Minimum lot area: 5,000 square feet.
[2]
Minimum lot width and lot frontage: 50 feet.
[3]
Minimum lot depth: 100 feet.
[4]
Minimum front yard setback: 25 feet.
[5]
Minimum side yard setback, each: five feet at the ground story
level and seven feet at the second story level.
[6]
Minimum rear yard setback: 25 feet.
[7]
Maximum permitted impervious coverages: 40%.
[8]
Maximum permitted building height: 32 feet and 2.5 stories.
(b)
Two-family dwelling.
[1]
Minimum lot area: 7,000 square feet.
[2]
Minimum lot width and lot frontage: 70 feet.
[3]
Minimum lot depth: 100 feet.
[4]
Minimum front yard setback: 25 feet.
[5]
Minimum side yard setback, each: 10 feet.
[6]
Minimum rear yard setback: 25 feet.
[7]
Maximum permitted impervious coverage: 50%.
[8]
Maximum permitted building height: 32 feet and 2.5 stories.
[Amended 9-21-2022 by Ord. No. 2691-22]
The regulations set forth elsewhere in this article when referred
to in this section are the zone regulations in the Residence C Zone.
A.
Purpose. The purpose of this zone district is to promote the development
of appropriately zoned land within the Borough for single-family detached
dwellings at a high density.
B.
Use regulations. A building or premises shall be used only for the
following purposes:
(2)
Permitted accessory uses.
(a)
Residential professional office.
[1]
Not more than two employees, be they other professionals or
staff employees, may be employed in the premises other than the residential
professional.
[2]
The site must provide at least one off-street parking space
for each professional and employee in addition to the required residential
parking.
[3]
There shall be no display of goods or advertising.
[4]
Not more than 25% of the gross floor area of the principal building,
excluding cellar area, shall be permitted to be used for a professional's
office.
[5]
Notwithstanding the provisions of § 98-13B,[1] the professional may display a nameplate or sign, not
exceeding 72 square inches in area, indicating his or her name and
the professional practice or use. Such nameplate sign shall be affixed
to the door or wall adjacent to the entrance to the premises where
such use is conducted or maintained.
[1]
Editor's Note: Original Ch. 98, Signs, adopted 7-29-1960, as amended, of the 1975 Code, was repealed and entirely replaced 10-22-2015 by Ord. No. 2523-15, and said chapter was redesignated as Ch. 620, Signs, at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 98-13B pertained to professional nameplates.
(c)
Family day-care home.
(d)
(e)
Customary residential storage buildings not in excess of 200
square feet of building area.
(f)
Shelters for domestic pets not in excess of 50 square feet of
building area, exclusive of runs.
(h)
Other customary residential accessory structures such as private
swimming pools, private tennis courts, fireplaces, trellises, post
lights and the like.
C.
Bulk regulations.
(1)
Principal uses.
(a)
Minimum lot area: 4,000 square feet.
(b)
Minimum lot width and lot frontage: 40 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback: 25 feet.
(e)
Minimum side yard setback, each: five feet.
(f)
Minimum rear yard setback: 25 feet.
(g)
Maximum permitted impervious coverage: 50%.
(h)
Maximum permitted building height: 32 feet and 2.5 stories.
[Amended 9-21-2022 by Ord. No. 2691-22]
The regulations set forth in this section or set forth elsewhere
in this article when referred to in this section are the district
regulations in the Residence D District.
A.
Purpose. The purpose of this zone district is to promote the development
of appropriately zoned land within the Borough for garden apartments
and multifamily dwellings at a high density.
B.
Use regulations. A building or premises shall be used only for the
following purposes:
C.
Bulk regulations.
(1)
Principal uses, except for community residences.
[Amended 9-21-2022 by Ord. No. 2691-22]
(a)
Minimum lot area: 40,000 square feet.
(b)
Minimum lot width and lot frontage: 150 feet.
(c)
Minimum lot depth: 200 feet.
(d)
Minimum front yard setback: 35 feet.
(e)
Minimum side yard setback, each: 15 feet.
(f)
Minimum rear yard setback: 25 feet.
(g)
Minimum property line setback: 35 feet.
(h)
Interior setbacks between buildings: 30 feet.
(i)
Maximum permitted impervious coverage: 50%.
(j)
Maximum permitted building height: 50 feet and five stories.
(k)
Maximum permitted density: 38 units per acre.
(l)
Open space: 30% of the total tract area, dedicated for green
open space, either for recreation or some other suitable use, public
or private.
(2)
Community residences.
[Amended 9-21-2022 by Ord. No. 2691-22]
(a)
Minimum lot area: 6,000 square feet..
(b)
Minimum lot width and lot frontage: 60 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback: 25 feet.
(e)
Minimum side yard setback, each: five feet at the ground story
level and seven feet at the second story level.
(f)
Minimum rear yard setback: 25 feet.
(g)
Maximum permitted impervious coverage: 40%.
(h)
Maximum permitted building height: 32 feet and 2.5 stories.
A.
Purpose. The purpose of this zone district is to promote the development
of appropriately zoned land within the Borough for townhouse developments
within the Borough.
B.
Use regulations. A building or premises shall be used only for the
following purposes:
(2)
Permitted accessory uses.
(a)
Family day-care home.
(c)
One private attached or detached garage per townhouse unit.
A private garage may not exceed 600 square feet of building area.
(d)
Customary residential storage buildings not in excess of 200
square feet of building area.
(e)
Shelters for domestic pets not in excess of 50 square feet of
building area, exclusive of runs.
(3)
Conditional uses: (Reserved)
C.
Bulk regulations. Townhouse dwellings shall comply with the following
regulations:
(1)
Area regulations.
(a)
Open space. Not less than 20% of the total tract area shall
be dedicated for green open space, either for recreation or some other
suitable use, public or private, as approved by the Planning Board.
For the purpose of this subsection, individual lots or portions thereof
shall not be construed as open space.
(b)
Development density. Each dwelling unit shall be constructed
on an individual lot, and there shall be a minimum of 5,000 square
feet of tract area per dwelling unit.
(c)
Individual lots.
[1]
Minimum width. The required average width of all individual
lots shall be not less than 20 feet, and no individual lot shall have
a width of less than 18 feet, said width to be measured at the actual
building setback line for each individual lot.
[2]
Minimum area. The required average area of all individual lots
shall be not less than 1,600 square feet, and no individual lot shall
have an area of less than 1,400 square feet.
[3]
Front and rear yards. The required average for front and rear yards on all individual lots shall be not less than 25 feet, and no individual lot shall have a front or rear yard of less than 20 feet, except that where the front or rear property line of an individual lot abuts open space as defined in § 650-4B, which open space shall have a minimum dimension of 50 feet measured at right angles along the full length of the abutting property line, then the required average and minimum yard requirements set forth herein may be reduced by not more than 10 feet for the abutting yard.
[4]
Side yards. There shall be a single side yard of not less than
10 feet required only for each individual lot occupied by a semidetached
dwelling unit.
(d)
Buildings.
[2]
Siting.
[a]
Each group of dwelling units shall be set back
not less than 35 feet from principal or accessory arterial streets
as designated in the Master Plan and not less than 25 feet from all
other streets, roads or ways, whether public or private. New buildings
shall not project closer to the street than the established on improved
lots within 200 feet of the subject lot. However, in no case need
the setback from any public street exceed 50 feet.
[b]
Each group of dwelling units within a tract shall
set back not less than 30 feet from any other group of dwelling units
within the same tract and shall be set back not less than 15 feet
from the tract boundary line.
(2)
Private garages.
(a)
Design. All garages shall conform architecturally to and be
of similar materials as the principal building in the development.
(b)
Location. Garages may be built into townhouses or may be constructed
on individual lots or on common areas, subject to the approval of
the Planning Board.
(c)
A garage not attached to a townhouse shall be set back at least
20 feet from a townhouse.
(3)
Ownership of common areas. Common areas of any tract utilized for
a townhouse development which are not accepted by the Borough shall
be deeded to a corporation, association, individual or individuals
or other legal entity consisting of a majority of the property owners
within the development for their use, control, management and maintenance.
Any agreement providing for such ownership shall be reviewed and approved
by the Borough Attorney to ensure that adequate safeguards are included
guaranteeing the continuance of the agreement in perpetuity and protecting
the Borough from harm. In any event said agreement shall give the
Borough the right to perform maintenance and assess the cost to the
property owners in the event said property owners fail to maintain
the property in accordance with the agreement.
D.
Bulk regulations.
Community residences shall comply with the following regulations:
[Added 9-21-2022 by Ord. No. 2691-22]
(1)
Minimum
lot area: 6,000 square feet.
(2)
Minimum
lot width and lot frontage: 60 feet.
(3)
Minimum
lot depth: 100 feet.
(4)
Minimum
front yard setback: 25 feet.
(5)
Minimum
side yard setback, each: five feet at the ground story level and seven
feet at the second story level.
(6)
Minimum
rear yard setback: 25 feet.
(7)
Maximum
permitted impervious coverage: 40%.
(8)
Maximum
permitted building height: 32 feet and 2.5 stories.
The regulations set forth in this section or set forth elsewhere
in this article when referred to in this section are the district
regulations in the Residence F Zone.
A.
Purpose. The purpose of this zone district is to promote the development
of appropriately zoned land within the Borough for residential development
at a high density.
B.
Use regulations. A building or premises shall be used only for the
following purposes:
(1)
(2)
Permitted accessory uses.
(a)
Family day-care home.
(c)
(d)
Customary residential storage buildings not in excess of 200
square feet of building area.
(e)
Shelters for domestic pets not in excess of 50 square feet of
building area, exclusive of runs.
C.
D.
Multifamily dwelling design standards. In addition to the design standards located in Article VI of this Chapter 650, the following design standards shall be followed:
(1)
Dwelling units. Each dwelling shall conform to the following requirements:
(a)
There shall be access to at least one bathroom without passing
through any bedroom.
(b)
No dwelling unit or any portion thereof shall be permitted below
the first floor of any multifamily dwelling.
(c)
A minimum storage area of not less than 500 cubic feet shall
be provided for each dwelling unit within the same building. Such
storage areas shall be exclusive of any garage or any closet within
the dwelling unit.
(2)
Off-street parking.
(a)
The off-street parking requirements set forth in §§ 650-24 through 650-26 shall apply. In addition, the following regulations shall apply:
[1]
No parking shall be permitted within the front yard area. Driveways
do not count as parking areas.
[2]
Borough Engineer certification required. The parking requirements
as herein specified shall be certified by the Borough Engineer for
adequacy in an appropriate space or box on the building plans before
a building permit is issued by the Borough.
(3)
Drainage. Surface water shall be drained so as not to affect adversely
abutting properties, and a plan prepared by a licensed professional
engineer showing the proposed drainage design shall be submitted to
and approved by the Borough Engineer. Said approval of the Borough
Engineer shall appear on building plans submitted to the Building
Inspector and shall be a prior condition to the issuance of the building
permit.
(4)
Buffer. Where a multifamily dwelling abuts a residence located in
the Residence A or Residence B Zone, a landscaped buffer shall be
provided to minimize and screen any adverse impacts or nuisances on
a site in accordance with the following:
(a)
The landscape buffer shall be a minimum of 10 feet wide, which
shall be composed of seventy-five percent evergreens planted 10 feet
on center.
(b)
The landscaped buffer shall include a mixture of shade trees,
evergreens, ornamental trees and understory shrubs planted in a staggered
fashion.
(c)
At the time of installation, shade trees shall be a minimum
three-inch caliper, evergreens shall be a minimum eight feet in height,
ornamental trees shall be a minimum of 10 feet in height, and understory
shrubs shall be a minimum of 36 inches in height.
A.
Purpose. The purpose of this zone district is to provide an appropriate
location for retail and personal service uses within the Borough.
B.
Use regulations. A building or premises shall be used only for the
following purposes:
(1)
Permitted principal uses.
(a)
Retail stores, which sell goods or merchandise to the general
public.
(b)
Restaurants, except no drive-through windows shall be permitted.
(c)
Personal service establishments.
(d)
Business and professional offices.
(e)
Medical and health services.
(f)
Studios including dance, art, aerobic and music.
(g)
Child-care centers.
(h)
Residential uses, including apartments and condominiums, only
on the upper floors of a structure. The maximum density for residential
uses shall not exceed 10 units per acre.
(2)
Permitted accessory uses.
(b)
(d)
Street furnishings, including benches, planters, streetlights,
etc.
(e)
Sidewalk cafes associated with a restaurant, in accordance with § 650-88D(1)(m).
(3)
Prohibited uses. The following uses are specifically prohibited from
the Business/Commercial Zone:
(4)
Conditional uses, see § 650-102 for standards.
(a)
Antique, used furniture and used clothing stores.
(b)
Gasoline stations.
(c)
Automotive repair garage shall be permitted along First Avenue, which meet the conditions of § 650-102.
(d)
Automotive body shops shall be permitted along First Avenue, which meet the conditions of § 650-102.
(e)
Automotive sales and services shall be permitted along First Avenue, which meet the conditions of § 650-102.
(f)
Automotive sales lot shall be permitted along First Avenue, which meet the conditions of § 650-102.
(g)
Automotive service stations.
(h)
Drive-through pickup and deposit facilities.
(i)
Fast-food restaurants shall be permitted on parcels fronting
on First Avenue and St. George Avenue, which meet the conditions for
drive-through pickup facilities.
(j)
Public utility.
(l)
Cannabis retailer.
[Added 7-21-2021 by Ord.
No. 2659-21; amended 6-15-2022 by Ord. No. 2686-22]
(m)
Cannabis cultivator.
[Added 6-15-2022 by Ord. No. 2686-22]
C.
Bulk regulations.
(1)
Principal uses.
(a)
Minimum lot area: 7,500 square feet.
(b)
Minimum lot width and lot frontage: 75 feet for an interior
lot and 100 feet for a corner lot.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback: 10 feet.
(e)
Minimum side yard setback, each: 15 feet.
(f)
Minimum rear yard setback: 30 feet.
(g)
Maximum permitted impervious coverage: 80%.
(h)
Maximum permitted building height: 50 feet and five stories.
D.
Buffer. Where a nonresidential use abuts a residence located in the
Residence A, Residence B, Residence C or Residence F Zone, a landscaped
buffer shall be provided to minimize and screen any adverse impacts
or nuisances on a site in accordance with the following:
(1)
The landscape buffer shall be a minimum of 10 feet wide, which shall
be composed of seventy-five-percent evergreens planted 10 feet on
center.
(2)
The landscaped buffer shall include a mixture of shade trees, evergreens,
ornamental trees and understory shrubs planted in a staggered fashion.
(3)
At the time of installation, shade trees shall be a minimum three-inch
caliper, evergreens shall be a minimum eight feet in height, ornamental
trees shall be a minimum of 10 feet in height, and understory shrubs
shall be a minimum of 36 inches in height.
E.
Design standards. In addition to the design standards located in Article VI of this Chapter 650, the following shall apply:
(1)
Purpose. The purpose of the design standards is to establish a set
of principles and requirements to guide future development within
the Business/Commercial Zone. These principles will enhance the Borough's
commercial areas and encourage development at a scale that is pedestrian-oriented.
The guidelines below work to provide standards that allow for flexibility
and creativity while encouraging high-quality development. High-quality
development is long-lasting and increases property values. The goal
is to create buildings that are attractive, improve the Borough's
image and enliven the streetscape.
(2)
Definitions.
 |
(3)
Articulation.
(a)
All street-facades building facades shall have a clearly defined
base, body and cap. (See photo below for an example.)
 |
(b)
The base of the building shall align with the base panel, sill
or lintel level of the first story. The body of a building may be
horizontally divided at floor, sill or lintel levels with belt courses
or other architectural elements.
(c)
The architectural treatment of a building facade shall be completely
continued around all street-facing facades of a building.
(4)
Facade materials.
(a)
Brick and stone are highly durable building materials that extend
the life of a building and reduce maintenance, which is particularly
important for building facades. Where these materials exist as original
materials, they should be stripped of applied siding materials and
restored. Restoration may include cleaning, pointing, sealing and,
where appropriate, painting.
(b)
Natural and synthetic stucco finishes can be combined with brick
to create handsome facades. (See example below.)
 |
(c)
Large areas of blank stucco require additional detailing to
create three-dimensional quality and a pedestrian-friendly scale.
This can be accomplished in stucco or wood by recreating reveals,
moldings, accent trim, fascias and cornices, as well as variations
in color. Accent trim elements include window and storefront frames,
roof cornices, shutters, trim, moldings, brick banding and other architectural
details. (See example below.)
|
(5)
Colors.
(a)
Subtle, complementary colors are suitable for facades and signage.
Earth tones and natural masonry colors are preferable for the larger
painted areas. The total number of colors for an entire building facade,
including the facade, awning or canopy, and accent elements should
be limited to four colors.
(b)
Brighter, punchy colors should be used sparingly for accent
elements, not for large field surface areas. Anodized aluminum storefront
window and door frames should be painted soft metallic colors. Aluminum
gutters, downspouts and parapet capping should be painted a soft metallic
color to blend in with the facade color. Steel fire escapes should
be painted to blend in with the facade color.
(c)
For large areas of blank brick and stucco along side streets
and backs of buildings facing onto public parking lots, painting with
earth tones and natural masonry colors adds scale and improves the
appearance significantly. Wall murals done in partnership with local
organizations and artists should also be considered as part of a Borough
pride project.
(d)
When choosing colors, consider how they complement adjoining
storefronts and buildings. Building colors should not be chosen to
stand out and compete for attention.
(6)
Traditional design elements.
(a)
Combine traditional facade elements such as storefront windows,
awnings and canopies, projecting fascias, building lighting and signage
to create distinctive buildings. Raised roof parapets offer an opportunity
to create beautiful eaves and cornices. (See example below.)
 |
(b)
To organize and help unify a facade for a building with multiple
storefronts, consider adding a wood-framed projecting fascia. The
fascia acts as a canopy and can also provide the framework for concealed
down-lighting. Work with businesses sharing the same building structure
to develop a compatible approach to design.
(c)
Uncover and restore hidden facade elements such as existing
cornices, fascias and brickwork patterns. Consider replacing aging
window storefronts with bay windows and recessed doorways.
(d)
Roll-down security screens and roof-mounted billboards are not
permitted within the Business/Commercial Zone.
(7)
Visual access.
(a)
Provide clear visibility into street level storefronts using
large, transparent windows, good lighting and thoughtful window displays.
(b)
Ground floor uses in the Business/Commercial Zone shall have
large pane display windows on all street-facing facades. Such windows
shall be framed by the surrounding wall. A minimum of 60% of the total
ground level facade area shall be transparent on each street-facing
building facade. A building's "ground level facade area" is the area
bounded by the side edges of the building and the plane coincident
with the internal floor of the building and the internal ceiling of
the building.
(c)
Window sills shall not be more than three feet above the sidewalk
along the front facade of a building. Base panels or bulkheads are
encouraged between the sidewalk and the window sills.
(d)
Windows shall be vertically proportioned (taller than wider)
where possible.
(e)
Mirrored, frosted and tinted glass, glass blocks and interior
blinds are not permitted at ground floor level on street-facing facades.
Solar shades, which are constructed with a screen fabric that allows
transparency, that have a 3% or higher openness factor are permitted
at the ground floor level to assist with light control and glare reduction.
(f)
The lowest edge of awnings and facade projections must be at
least eight feet above the sidewalk.
 |
(8)
Entrances.
(a)
All entrances to a building shall be defined, visible and adequately
lit.
(b)
Entrances shall be defined and articulated by utilizing such
elements as lintels, pediments, pilasters, columns, porticos, porches,
overhangs, railings, balustrades and other such elements, where appropriate.
(c)
Federal law requires that entrances be accessible to handicapped
patrons wherever feasible. People with physical disabilities should
be able to use the same entrance as everyone else and be provided
with an accessible route into the building. When renovating, use the
Americans with Disabilities Act Accessibility Guidelines with the
assistance of Building Officials to determine the adequacy of proposed
renovations in addressing the needs of the disabled.
(9)
Awnings.
(a)
Awnings add interest and visual depth to a storefront. They
create shelter from sun and rain, provide an opportunity for good
graphics and color and create a covered area for displaying merchandise.
(b)
Awnings are only permitted above ground level doors and windows.
(c)
The lower edge of an awning shall be at least eight feet above
the sidewalk at its leading edge. (See diagram below) The length of
the awnings shall be limited to the width of the storefront lintel
opening.
 |
(d)
When awnings occur within the same building structure, they
shall be compatible in style, color, dimension and mounting height.
(e)
Awnings shall be made of fire-resistant canvas, cloth or durable
architectural standing seam metal.
(10)
Building lighting.
(a)
Building exteriors are encouraged to use lighting to highlight
businesses, enliven the Commercial/Business Zone at night and create
a safe streetscape. This is a signal to motorists that the zone is
"open for business" and contributes a sense of safety to the building
and street. Continuity of lighting across multiple businesses within
the same building structure is a unifying design element and helps
create a sense of neighborhood, which is recommended.
(b)
Surface lighting shall be aimed directly at the facade, parapet
or signage and away from traffic. Light spillage or glare onto adjacent
parcels is not permitted. Moving and automated lighting creates visual
distractions and is not permitted. The use of energy-efficient lighting
is encouraged.
(11)
Roof.
(a)
If a building has a flat roof, a parapet shall project vertically
to hide any roof-mounted mechanical equipment. Additionally, a cornice
shall project out horizontally from the facade and shall be ornamented
with moldings, brackets or other details.
(b)
Rooftop heating, ventilating and air-condition systems, exhaust
pipes and stacks, satellite dishes and other telecommunications receiving
devices shall be screened or otherwise specially treated to be inconspicuous
as viewed from the street.
The regulations set forth in this section or set forth elsewhere
in this article, when referred to in this section, are the district
regulations in the Professional Office Zone.
A.
Purpose. The purpose of this zone district is to provide an appropriate
location for professional offices along Chestnut Street. The zone
district is intended to allow for the conversion of existing residential
structures for office uses and limited personal services, while preserving
the residential character, scale and features of the buildings and
the streetscape.
B.
Use regulations. A building or premises shall be used only for the
following purposes:
(1)
Permitted principal uses.
(2)
Permitted accessory uses.
(b)
(c)
Residential professional office.
[1]
Not more than two employees, be they other professionals or
staff employees, may be employed in the premises other than the residential
professional.
[2]
The site must provide at least one off-street parking space
for each professional and employee in addition to the required residential
parking.
[3]
There shall be no display of goods or advertising.
[4]
Not more than 25% of the gross floor area of the principal building,
excluding cellar area, shall be permitted to be used for a professional's
office.
[5]
Notwithstanding the provisions of § 98-13B,[2] the professional may display a nameplate or sign, not
exceeding 72 square inches in area, indicating his or her name and
the professional practice or use. Such nameplate sign shall be affixed
to the door or wall adjacent to the entrance to the premises where
such use is conducted or maintained.
[2]
Editor's Note: Original Ch. 98, Signs, adopted 7-29-1960, as amended, of the 1975 Code, was repealed and entirely replaced 10-22-2015 by Ord. No. 2523-15, and said chapter was redesignated as Ch. 620, Signs, at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 98-13B pertained to professional nameplates.
(e)
Customary residential storage buildings not in excess of 200
square feet of building area associated with a one-family dwelling.
(h)
Other customary residential accessory structures such as private
swimming pools, private tennis courts, fireplaces, trellises, post
lights and the like.
C.
Bulk regulations.
(1)
Principal uses.
(b)
Minimum lot width and lot frontage: 50 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback: 25 feet.
(e)
Minimum side yard setback, each: seven feet.
(f)
Minimum rear yard setback: 30 feet.
(g)
Maximum permitted impervious coverage: 60%.
(h)
Maximum permitted building height: 32 feet and two stories.
[Amended 9-21-2022 by Ord. No. 2691-22]
D.
Landscaping and buffers.
(1)
Landscaping. Front yards and such portions of rear and side yards
not allocated for off-street parking shall be attractively planted
with trees, shrubs and grass lawns.
(2)
Buffers. Where a nonresidential use abuts the Residence A Zone a
landscaped buffer shall be provided to minimize and screen any adverse
impacts or nuisances on a site in accordance with the following.
(a)
The landscape buffer shall be a minimum of 10 feet wide, which
shall be composed of 75% evergreens planted 10 feet on center.
(b)
The landscaped buffer shall include a mixture of shade trees,
evergreens, ornamental trees and understory shrubs planted in a staggered
fashion.
(c)
At the time of installation, shade trees shall be a minimum
three inch caliper, evergreens shall be a minimum eight feet in height,
ornamental trees shall be a minimum of 10 feet in height and understory
shrubs shall be a minimum of 36 inches in height.
E.
Building design.
(1)
All new construction, additions and renovations in this zone district
shall be designed to convey a residential scale and shall be compatible
with the architectural design of the existing residence.
(2)
Additions or renovations to residences shall respect the structure's
features and maintain its original scale, proportion and organization
of architectural elements (i.e., columns, shutters, cornice, dormers,
molding and windows).
(3)
Front porches shall not be enclosed and converted to work space.
The regulations set forth in this section or set forth elsewhere
in this article when referred to in this section are the zone regulations
in the Industrial Zone.
A.
Purpose. The purpose of the Industrial Zone is to provide for the
expansion and development of light industrial land uses in the Borough
of Roselle to provide for a compatible land use relationship; to restrict
the emission of any environmental pollutants; and to provide for the
safe and efficient flow of vehicles to and from industrial areas.
B.
Use regulation. A building or premises shall be used only for the
following purposes:
(1)
Permitted principal uses.
(a)
Office buildings for executive, engineering and administrative
purposes but not professional or general offices.
(b)
Scientific or research laboratories, but not including manufacturing,
comprising any of the following: biological, chemical, dental, pharmaceutical
and general research.
(c)
The following manufacturing, processing, packaging or assembly use, provided that they can demonstrate the capability to maintain the performance standards set forth in Article V of Chapter 650 at all times in this operation:
[1]
Manufacturing of light machinery.
[2]
Fabrication of metal products.
[3]
Fabrication of paper products, including but not limited to
the following: bags, books, bookbinding, boxes and packaging materials,
office supplies and toys.
[4]
Fabrication of wood products, including but not limited to any
of the following: boats, boxes, cabinets and woodworking, furniture
and toys.
[5]
Food and associated industries, including but not limited to
the following: bakeries, bottling of food and beverages, food and
cereal mixing and milling, food processing, food sundry manufacturing,
ice cream manufacturing.
[6]
Other permissible manufacturing use comprising any of the following:
brush and broom manufacturing, electronic products, glass and glass
products manufacturing, jewelry manufacturing, including polishing,
laundering and cleaning establishments, leather goods manufacturing
except curing, tanning and finishing of hides, sporting goods manufacturing,
warehouses and storehouses.
[7]
In addition to the above, any industry not inconsistent with
the above that are totally similar in purpose, function, character
and effort.
(d)
Wholesale sales and distribution.
(e)
Contractors storage yards and other such outdoor storage of
equipment and vehicles, provided that no such area is within the existing
or required front yard area, whichever is smaller and is screened
by fencing or landscaping from public view, from a public street or
from an adjacent residential zone.
(f)
Cannabis delivery service.
[Added 7-21-2021 by Ord.
No. 2659-21]
(g)
Cannabis manufacturer.
[Added 7-21-2021 by Ord.
No. 2659-21]
(h)
Cannabis wholesaler.
[Added 7-21-2021 by Ord.
No. 2659-21]
(i)
Cannabis distributer.
[Added 7-21-2021 by Ord.
No. 2659-21]
C.
Bulk standards.
(1)
Principal uses.
(a)
Minimum lot area: 10,000 square feet.
(b)
Minimum lot width and lot frontage: 100 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback: 35 feet.
(e)
Minimum side yard setback: one side five feet, one side 15 feet.
(f)
Minimum rear yard setback: 15 feet, except where rear yard abuts
a residence zone a rear yard shall be 15 feet at ground-story level,
20 feet at second-story level and 25 feet at third-story level.
(g)
Distance between buildings: 20 feet.
(h)
Maximum permitted impervious coverage: 80%.
(i)
Maximum permitted building height: 45 feet and three stories.
E.
Landscaping and buffer.
(1)
Landscaping. Each use established in this zone shall set aside 15%
of the tract for seeding and landscaping and use this area for no
other purpose. All front yards shall be attractively planted with
trees, shrubs and grass lawns.
(2)
Buffer. Wherever a use in this zone is on a lot which abuts a residence
zone, or residential use, a ten-foot wide buffer area shall be provided
adjacent to the residence zone boundary to minimize and screen any
adverse impacts or nuisances on a site in accordance with the following:
(a)
The landscape buffer shall be a minimum of 10 feet wide, which
shall be composed of seventy-five-percent evergreens planted 10 feet
on center.
(b)
The landscaped buffer shall include a mixture of shade trees,
evergreens, ornamental trees and understory shrubs planted in a staggered
fashion.
(c)
At the time of installation, shade trees shall be a minimum
three-inch caliper, evergreens shall be a minimum eight feet in height,
ornamental trees shall be a minimum of 10 feet in height, and understory
shrubs shall be a minimum of 36 inches in height.
(3)
Enclosure. All industrial activities or processes shall take place
within an enclosed building. Incidental storage of materials and equipment
out of doors shall be shielded from any adjacent public street or
adjacent lots by fencing, landscaping or other appropriate measures
and shall not be without in the existing or required yard areas facing
the street or streets. If the property abuts residential property,
a wood or vinyl board-on-board fence, eight feet high, shall be installed
on all side and rear property lines abutting the residential zone.
G.
Prohibited uses. The following uses or activities are specifically
prohibited in this zone:
(1)
Auction markets.
(2)
Automobile wrecking yards, junkyards or disassembly yards, or the
sorting or bailing of scrap, metal, paper, rags or other scrap material.
(3)
Gas (illuminating or heating) storage, except for consumption on
premises.
(4)
Incineration, reduction, storage dumping of slaughterhouse refuse,
rancid fats, garbage, trash, sewerage, refuse, junk, dead animals
or offal, except by the municipality or its agents.
(5)
Petroleum or its derivatives except when stored in underground tanks
and not in excess of 40,000 gallons of fuel oil or 20,000 gallons
of gasoline or kerosene.
(6)
Residential dwelling units.
The regulations set forth in this section or set forth elsewhere
in this article when referred to in this section are the zone regulations
in the Public Use Zone.
A.
Purpose. The purpose of this zoning district is to provide zoning
to address publicly owned tracts where public administrative, educational
and recreational lands presently exist.
B.
C.
Bulk standards.
(1)
Principal uses.
(a)
Minimum lot area: none.
(b)
Minimum lot width and lot frontage: none.
(c)
Minimum lot depth: none.
(d)
Minimum front yard setback: 25 feet.
(e)
Minimum side yard setback, each: 15 feet.
(f)
Minimum rear yard setback: 25 feet.
(g)
Maximum permitted impervious coverage: 60%.
(h)
Maximum permitted building height: 45 feet and three stories.
D.
Other standards.
(1)
Nothing herein shall be deemed to rezone a parcel simply because
it is purchased, deeded to or confiscated by a public entity. Any
such parcel shall continue to be regulated by the requirements of
the zone in which it is located.
(2)
In the event of any such lands being abandoned with respect to their
use, and any such land in which public use shall have ceased, then
prior to the transfer of such lands from the public body to a private
owner and upon proper application to the Roselle Planning Board by
the public body owning said lands, the Roselle Planning Board shall
thereafter recommend to the Roselle Borough Council the appropriate
zoning classification that would be in the best interest of the Borough
and without detriment to the Zoning Plan and Ordinance and, upon receipt
of the recommendation from the Planning Board, the Roselle Borough
Council shall, by ordinance, after public hearing, taking into account
said recommendation, arrive at a determination establishing the zoning
classification for said lands.
A.
Purpose. The purpose of the Commercial-Industrial Zone is to provide
for the development of commercial and compatible light industrial
uses along West First Avenue, which has gradually seen a transition
from industrial to commercial use. It is the intent of this section
to foster commercial development and compatible light industries in
this zone.
B.
Use regulation. A building or premises shall be used only for the
following purposes:
(1)
Permitted uses.
(a)
Retail stores, which sell goods or merchandise to the general
public.
(b)
Restaurants, except no drive-through windows shall be permitted.
(c)
Personal service establishments.
(d)
Medical and health services.
(e)
Studios, including dance, art, aerobic and music.
(f)
Child-care centers.
(g)
Office buildings for executive, engineering and administrative
purposes, but not professional or general offices.
(h)
Scientific or research laboratories, but not including manufacturing,
comprising any of the following: biological, chemical, dental, pharmaceutical
and general research.
(i)
The following manufacturing, processing, packaging or assembly use, provided that they can demonstrate the capability to maintain the performance standards set forth in Article V of Chapter 650 at all times during operation:
[1]
Fabrication of paper products, including but not limited to
the following: bags, books, bookbinding, boxes and packaging materials,
office supplies and toys.
[2]
Fabrication of wood products, including but not limited to any
of the following: boats, boxes, cabinets and woodworking, furniture
and toys.
[3]
Food and associated industries, including but not limited to
the following: bakeries, bottling of food and beverages, food and
cereal mixing and milling, food processing, food sundry manufacturing,
ice cream manufacturing.
[4]
Other permissible manufacturing use comprising any of the following:
brush and broom manufacturing, electronic products, glass and glass
products manufacturing, jewelry manufacturing, including polishing,
laundering and cleaning establishments, leather goods manufacturing
establishments, leather goods manufacturing, except curing, tanning
and finishing of hides, sporting goods manufacturing, warehouses and
storehouses.
[5]
In addition to the above, any industry not inconsistent with
the above that is totally similar in purpose, function, character
and effort.
(j)
Wholesale sales and distribution.
(k)
[1]Cannabis delivery service.
[Added 7-21-2021 by Ord.
No. 2659-21]
[1]
Editor's Note: Former Subsection B(1)(k), regarding mixed-use
structures, was repealed 4-19-2023 by Ord. No. 2706-23. This ordinance also
redesignated former Subsection B(1)(l) through (o) as Subsection B(1)(k)
through (n), respectively.
(l)
Cannabis manufacturer.
[Added 7-21-2021 by Ord.
No. 2659-21]
(m)
Cannabis wholesaler.
[Added 7-21-2021 by Ord.
No. 2659-21]
(n)
Cannabis distributor.
[Added 7-21-2021 by Ord.
No. 2659-21]
(2)
(3)
Conditional uses, see § 650-102 for standards.
(a)
Antique, used furniture or clothing store.
(b)
Automotive body repair garage.
(c)
Automotive gasoline station.
(d)
Automotive repair garage other than body.
(e)
Automotive sales lot.
(f)
Automotive sales and service.
(g)
Car wash.
(h)
Churches, synagogues and places of worship.
(i)
Drive-through pickup and deposit facilities for retail stores.
(j)
Public utility.
(l)
Cannabis retailer.
[Added 7-21-2021 by Ord.
No. 2659-21; amended 6-15-2022 by Ord. No. 2686-22]
(m)
Cannabis cultivator.
[Added 6-15-2022 by Ord. No. 2686-22]
C.
Bulk regulations.
(1)
Principal uses.
(a)
Minimum lot area: 7,500 square feet.
(b)
Minimum lot width and lot frontage: 75 feet for interior lots
and 100 feet for corner lots.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback: 25 feet.
(e)
Minimum side yard setback, each: 15 feet.
(f)
Minimum rear yard setback: 30 feet.
(g)
Distance between buildings: 30 feet.
(h)
Maximum permitted impervious coverage: 70%.
(i)
Maximum permitted building height: 40 feet and three stories.
F.
Landscaping and buffer.
(1)
Landscaping. Each parcel established in this zone shall set aside
15% of the tract for seeding and landscaping, and use this area for
no other purpose. All front yards shall be attractively planted with
trees, shrubs and grass lawns.
(2)
Fence and buffer area.
(a)
No structure shall be erected without the construction of a
wood or vinyl board-on-board fence six feet high of uniform construction
along the boundary line of an abutting residential zone, except that
if the building faces the residential zone a fence shall not be required
in the front of the building.
(b)
The buffer area shall be used for no other purposes than as
set forth in this subsection. The landscape buffer shall be a minimum
of 10 feet wide, which shall be composed of seventy-five-percent evergreens
planted 10 feet on center.
(c)
The landscaped buffer shall include a mixture of shade trees,
evergreens, ornamental trees and understory shrubs planted in a staggered
fashion.
(d)
At the time of installation, shade trees shall be a minimum
three-inch caliper, evergreens shall be a minimum eight feet in height,
ornamental trees shall be a minimum of 10 feet in height, and understory
shrubs shall be a minimum of 36 inches in height.
(3)
Enclosure. All industrial activities or processes shall take place
within an enclosed building. Incidental storage of materials and equipment
out of doors shall be shielded from any adjacent public street or
adjacent lots by fencing, landscaping or other appropriate measures
and shall not be without in the existing or required yard areas facing
the street or streets. If the property abuts residential property,
a wood or vinyl board-on-board fence, eight feet high, shall be installed
on all side and rear property lines abutting the residential zone.
A.
Swimming pools. The provisions of §§ 407-1, 407-2, 407-5 and 407-11 are incorporated by reference herein. The Board of Adjustment shall have jurisdiction to entertain appeals of the Building Inspector's decisions in conformance with N.J.S.A. 40:55D-70a and 40:55D-70b and for variances pursuant to N.J.S.A. 40:55D-70c and 40:55D-70d from §§ 407-1, 407-2, 407-5 and 407-11 only. All other sections of Chapter 407 shall be deemed exercises of the Borough's police powers not zoning.
B.
Signs. The provisions of Chapter 98,[1] are incorporated by reference herein. The Board of Adjustment shall have jurisdiction to entertain appeals from the Building Inspector's decision in conformance with N.J.S.A. 40A:55D-70a and 55D-70b and for variances pursuant to N.J.S.A. 40:55D-70c and 55D-70d from the following sections of the chapter only: §§ 98-1, 98-21, 98-22, 98-23, 98-24, 98-25, 98-26 and 98-27.[2] To the extent that § 98-24A(5) provides for an appeal to the Roselle Borough Council, that provision is hereby repealed.
[2]
Editor's Note: As noted above in this subsection, original Ch. 98 was repealed and replaced. Section 98-1 contained definitions; the other listed sections were as follows: § 98-21, Ground signs; § 98-22, Wall signs; § 98-23 (Reserved); § 98-24, Projecting signs; § 98-25, Temporary signs; § 98-26, District restrictions on permitted signs; and § 98-27, Nonconforming signs.
C.
Nonconforming uses or structures.
(1)
Continuance. Except as otherwise provided in this article, the
lawful use of land or buildings existing at the date of the adoption
of this article may be continued although such use of building does
not conform to the regulations specified by this article for the zone
in which such land or building is located; provided, however, that:
(2)
Restoration. Except as in Subsection C(4) below, any nonconforming use or structure damaged by fire, casualty or act of God may be repaired, restored, reconstructed or used as before, provided that the area of such use or structure shall not exceed the area which existed prior to such damage and further provided that the nonconforming use or structure has not been abandoned.
(3)
Destruction. No nonconforming structure or use which is more
than partially destroyed may be reconstructed unless it meets all
bulk requirements of this article.
(4)
Repairs. Normal maintenance and repair of a structure containing
nonconforming use is permitted, provided that it does not extend the
area or volume of space occupied by the nonconforming use and does
not increase the number of dwelling units. Nothing in this article
shall prevent the strengthening or restoring to a safe or lawful condition
any part of any building or structure declared unsafe or unlawful
by the Construction Official or other authorized state or Borough
official.
(5)
Abandonment. A nonconforming use is abandoned according to law.
(6)
Reversion. No nonconforming use shall, if once changed into
a conforming use, be changed back again to a nonconforming use.
(7)
Zone changes. Wherever the boundaries of a zone shall be changed
so as to transfer an area from one zone to another of a different
classification, the foregoing provisions shall also apply to any nonconforming
uses existing therein or created thereby.
D.
Width of streets. Street lines shall be no less than 25 feet and
no more than 50 feet from the center line of the street.
E.
Structures for transmitting electric currents prohibited. No person
shall erect poles and towers for use in the transmission of electric
currents nor poles and towers on which are strung wires for the transmission
of electric currents; provided, however, that a permit for the erection
of such structures may be granted in the manner provided by law for
the granting of variances and exceptions from the provision of this
article where such structures are found not to be detrimental to the
health, safety and general welfare of the Borough of Roselle and reasonably
necessary for its convenience.
F.
Mobile units. Mobile units, as defined in Section 201.0 of the BOCA
National Building Code[3] as "a structure of vehicular, portable design built on
a chassis and designed to be moved from one site to another and to
be used with or without a permanent foundation," shall be prohibited
from use in all districts.
(1)
No mobile unit shall be altered or modified so that its definition
can be changed.
(2)
No mobile unit shall be placed in any district and referred
to as a pre-manufactured assembly, accessory building, storage shed,
diner, office building, clubhouse, ticket booth, amusement stand,
medical unit, workshop, hot dog, pizza or soft drink stand and similar
usage.
(3)
Exceptions to the foregoing subsections are:
(a)
Mobile units used for the purpose of emergency housing due to
fire or flooding, with permission and time stipulation as set by Mayor
and Council.
(b)
Mobile units that are used only and exclusively as a job office
on a construction site, under a Roselle Borough building permit and
only for the duration of that project.
(c)
Any emergency or acceptable use as deemed necessary by the Roselle
Zoning Board of Adjustment.
A.
Issuance by Building Inspector. It shall be unlawful to use or permit
the use of any building or premises or part thereof hereafter created,
erected, changed, converted or enlarged or which has a change of ownership
or lessee, wholly or partly, in its use of any building whose ownership
or occupancy has been changed wholly or partly, until a certificate
of use, to effect that the building or premises or part hereof so
created, erected, changed, converted or enlarged or which has a change
of ownership or lessee conforms to the provisions of all applicable
codes and ordinances, shall have been issued by the Building Inspector
within 20 days after a request for the same shall be filed in his
office by any owner of such building or premises if the proposed use
thereof conforms to all the requirements herein set forth, except
that no certificate of use shall be issued where title to premises
is derived, directly or indirectly, through a deed from the Borough
of Roselle in which a covenant, condition or restriction is imposed
by the Borough of Roselle and where said covenant, condition or restriction
has not been complied with by the applicant or his predecessors in
title.
B.
Temporary certificate. A temporary certificate of use may be issued
by the Building Inspector, provided that the building has complied
with the requirements of the ordinances of the Borough of Roselle.
C.
Existing premises. Upon written request by the owner, the Building
Inspector shall issue a zoning permit for any building or premises
certifying, after inspection, the use made of the building or premises
and whether such use conforms to all applicable ordinances of the
Borough of Roselle.
D.
The cost of inspection and certificate for one and two-family dwellings
shall be $40 and $10 for the certificate of compliance or zoning permit;
all other uses will cost $100 for the inspection and $25 for the certificate
of use or zoning permit, and inspections shall be made by one inspector.
E.
All fees hereinbefore referred to shall cover two inspections made
on one application. Any inspections over two will require a reinspection
fee of $20. Someone must be present at the site for the inspection
to be made.
A.
Guiding principles. Recognizing that certain uses, activities and
structures are necessary to serve the needs and convenience of the
Borough, and at the same time recognizing that such uses may be or
become inimical to the public health, safety and general welfare if
located and operated without proper consideration being given to existing
conditions and character of the surrounding area, such uses are hereby
designated as conditional uses. The Roselle Planning Board shall have
the original jurisdiction for the granting of a conditional use pursuant
to and established by this article, under the following stipulations
and guiding principles:
(1)
The design, arrangement and nature of the particular use is
such that the public health, safety and welfare will be protected
and reasonable consideration is afforded to the:
(a)
Character of the neighborhood.
(b)
Conservation of property values.
(c)
Health and safety of residents and workers on adjacent properties
and in the surrounding neighborhood.
(d)
Potential congestion of vehicle traffic or creation of undue
hazard.
(e)
Stated principles and objectives of this article and the Master
Plan of the Borough.
(2)
In addition, such conditional uses shall adhere to such additional
conditions and safeguards as, in the opinion of the Roselle Planning
Board, will implement the intent and objectives of this article.
B.
Permitted conditional uses.
(1)
Public utility uses, such as water filtration plants, sewerage
disposal plants, pumping stations, high-voltage transmission lines
and towers, electric substations, telephone exchanges and repeater
stations, but not service or storage yards, subject to the following:
(a)
Proof is furnished that the proposed installation in the specific
location is necessary for the efficiency of the public utility system
and that the satisfactory and convenient provisions of service to
the neighborhood or area in which the facility is to be located.
(b)
The design of any building or structure required for such use
conforms to the general character of the area in which it is located.
(c)
All bulk regulations for the zone in which the use is to be
located must be complied with.
(d)
The lot on which the building is located is sufficient in size
to adequately accommodate the proposed facility, together with any
parking space required to serve the facility without any of the structural
portions of the use or parking facilities being closer than 25 feet
to adjacent properties.
(e)
Where a public utility abuts a residential zone, it shall provide
a board-on-board fence six feet in height to screen the public utility.
(2)
Public schools and private schools and institutions of higher
learning operated by charitable, religious or eleemosynary organizations,
which are not conducted as a business, subject to the following:
(a)
The site area is five acres plus one additional acre for every
100 pupils or portion thereof of maximum capacity.
(b)
The lot coverage does not exceed 15%.
(c)
No structure is located within 75 feet of a street or property
line.
(d)
Sufficient off-street parking space shall be provided to ensure
that the use will not cause parking in a public street during the
course of normal educational programs.
(3)
Automotive gasoline, service, repair, body shops, sales and
service. Conditions regarding automotive gasoline, service, repair,
sales and service and sales lots shall be as follows:
(a)
Requirements.
[1]
In each of the above cases, the use is permitted, subject to
the following requirements:
|
Type of Use
|
Minimum Lot Size
(square feet)
|
Minimum Lot Frontage
(feet)
|
Maximum Building Coverage
(percent)
|
Maximum Lot Coverage
(percent)
|
|---|---|---|---|---|
|
Automotive gasoline station
|
20,000
|
150
|
20%
|
80%
|
|
Automotive service station
|
40,000
|
200
|
20%
|
80%
|
|
Automotive repair garage
|
40,000
|
200
|
45%
|
80%
|
|
Automotive body shop
|
40,000
|
200
|
45%
|
80%
|
|
Automotive sales and service
|
80,000
|
200
|
25%
|
80%
|
|
Automotive sales lot (includes used car lots)
|
20,000
|
100
|
20%
|
80%
|
[2]
In addition, if the Planning Board finds that the nature of
the particular use proposed, either by virtue of scale, intensity
of use, hazard or other such considerations is such that a larger
site is in the public interest, then it shall impose such additional
requirements.
(d)
Fuel tanks.
[1]
All fuel tanks or other such containers for the storage of flammable
materials, either liquid or solid, may be installed underground at
sufficient depth to ensure against a hazard of fire or explosion as
a minimum. Underground fuel storage tanks shall be placed at least
10 feet from any structure. Tanks having a capacity of 6,000 gallons
or more shall be at least 20 feet from any structure.
[2]
Any tanks which are to be installed above the ground must have
a state-approved tank which is constructed and housed in a vault,
with a double containment system, and which provides a two-hour fire
wall meeting the Fire Code requirements.
[3]
All tanks must meet the NFPA Code requirements for location
by an existing structure and property.
[4]
No tanks of over 1,000 gallons shall be located above the ground.
(e)
Canopies. A cantilever cover or canopy may be permitted to extend
into the front yard, provided that it is at least 25 feet from the
front property line and 25 feet from any residence zone.
(f)
Curb cuts and driveway.
[1]
On a corner lot, a driveway shall be at least 25 feet from the
street intersection as measured along the property line.
[2]
Driveways shall be no less than 20 feet and no more than 30
feet wide. The driveway shall be flared or slated at the curbline
to facilitate auto ingress and egress.
[3]
Curb cuts shall be no less than 10 feet from any adjacent property
line.
[4]
Any two driveways giving access to a single street shall be
separated by a curbed island of at least 20 feet.
[5]
A raised curb of at least six inches in height shall be provided
along the street property lines, except for driveway openings.
[6]
There shall not be more than two curb cuts providing access
to any one street.
[7]
Curb cuts shall be no closer than 50 feet to a Residence A or
B Zone.
[8]
Lighting. All lighting shall be so designed, arranged and installed
as to reflect all light down and away from adjoining properties.
[9]
Pavement. All parking, access and driveway areas shall be paved
with a permanent surface, such as macadam with proper drainage so
as not to affect adjacent property owners.
[10]
Location of air or fuel pumps and filler pipes
(automotive service and gasoline stations only). All pump islands
shall be a minimum of 25 feet from any adjacent property line and
20 feet from any public right-of-way.
(g)
Accessory buildings. All lifts, lubrication equipment, service
pits and goods for sale shall be enclosed within the service stations.
Outdoor display of products or cars for sale or rental shall not be
permitted from an accessory building. Accessory buildings shall not
be permitted except for the temporary storage of trash or garbage.
(h)
Accessory uses.
[1]
The sale or rental of cars, trucks, trailers, boats or any other
vehicles on the premises of an automotive service station shall be
prohibited.
[2]
The storage of cars, trucks, trailers, boats or any other vehicle
not being serviced or repaired on the premises of an automotive gasoline
station, automotive service station or automotive repair garage shall
be prohibited.
[3]
All other activities are prohibited, including trailer or motor
vehicle rental. Storage of any vehicle requiring body work or which
is inoperable because of major repairs required shall not be permitted
except at an automotive repair garage, body shop or automotive sales
and service.
[4]
No commercial automobile repair work shall be done out of doors
except for emergencies and the storage of inoperable vehicles classified
junk cars shall not be permitted.
(i)
Landscaping buffers and screening shall be provided as follows.
In all zones where the above automotive services are permitted as
a use by special exception, the following minimum requirements shall
be met.
[1]
A minimum landscaped area five feet wide shall be provided along
all property lines abutting public streets, except where curb cuts
are permitted.
[2]
All buffers and landscaped areas shall be protected from adjacent
parking areas by curbs or concrete, metal or wood bumpers at least
six inches in height and securely anchored into the ground.
[3]
Service areas and parking areas shall be screened from abutting
properties. A minimum of a six-foot, architecturally solid fence shall
be erected on all property lines except the front property line.
[4]
All street trees and on-site deciduous shade trees shall be
not less than three inches in caliper, measured one foot above the
root crown.
[5]
A satisfactory amount of evergreen plant material shall be included
in the planting, this to be judged on an individual basis by the Borough.
Evergreen trees shall not be less than six feet in height.
[6]
Where an automotive use, as permitted above, abuts a residential
zone, a ten-foot buffer must be established and maintained in an addition
to the solid architectural fence. This buffer shall be attractively
landscaped with evergreen and shrubs.
[7]
All landscaping shall be maintained in a manner satisfactory
to the Borough Engineer at all times.
(j)
Parking facilities shall be maintained as follows:
[1]
Two square feet of space for each square foot of floor area
in the principal building. No area on the lot which is required for
the movement of vehicles in and about the buildings and facilities
shall be used for complying with the parking requirements of this
section.
(k)
The walls of the principal structure shall be at least 25 feet
from the side and rear property lines at least 40 feet from a street
right-of-way line.
(l)
Signs erected in conjunction with the use shall be limited as
follows:
[1]
One freestanding identification sign which does not exceed 40
square feet on any one side nor 20 feet in height. Such sign may be
illuminated but illumination shall be from within and be nonflashing.
Illumination signs may be any color except red or green. Such signs
may be located in the front yard area but shall not be closer than
10 feet to a street line.
[2]
Two signs may be mounted on the front facade of the building,
provided that the total area of such signs does not exceed 20% of
the area of the front facade, including window and door area.
[3]
Temporary signs advertising sales, premiums and other such temporary
activities may be mounted on the window or door surfaces of the structures,
provided that the total of such signs at any one time does not exceed
20 square feet.
[4]
The commercial use of flags or the use of windmills, banners,
flashing or animated signs is prohibited, other than for a period
of seven days from the date of opening of a new establishment.
(m)
Motor vehicle supplies may be displayed out-of-doors on the
pump island end and the building island only and shall be stored in
a suitable rack or container.
(n)
All repair and services other than fuel pumping shall take place
within the principal structure.
(4)
Churches, synagogues, places of worship; Sunday school buildings.
Conditions regarding churches, synagogues or places of worship, including
parish houses, parochial and Sunday school buildings shall be as follows:
(a)
A written statement setting forth the full particulars of the
intended use must be filed in triplicate with the Planning Board.
Such statement must include the estimated seating capacity, worship
schedule and a description of activities likely to occur on the premises.
The statement is required in order for the Planning Board to assess
the impact, if any, of the proposed use on the surrounding area due
to traffic, noise, etc.
(b)
All regulations for the zoning district in which the use is
to be located shall be complied with, except that the minimum lot
area shall be not less than 20,000 square feet.
(c)
Parking shall be provided as follows: one space for each three
fixed seats at capacity plus one space for each 60 square feet of
gross floor area for assembly and meeting rooms.
(d)
Where parking areas are adjacent to a residential use or zone,
a twenty-foot-wide buffer strip no less than six feet high shall be
provided.
(e)
Landscaping and screening shall be provided as follows:
[1]
Property shall be screened by a buffer of not less than 10 feet
in width composed of seventy-five-percent evergreens planted 10 feet
on center.
[2]
The landscaped buffer shall include a mixture of shade trees,
evergreens, ornamental trees and understory shrubs planted in a staggered
fashion.
[3]
At the time of installation, shade trees shall be a minimum
three-inch caliper, evergreens shall be a minimum eight feet in height,
ornamental trees shall be a minimum of 10 feet in height, and understory
shrubs shall be a minimum of 36 inches in height.
(5)
Car washes. Conditions regarding car washes shall be as follows:
(a)
All other regulations for the district in which the use is to
be located shall be complied with, except that the minimum lot area
for a car wash shall be not less than 20,000 square feet.
(b)
Such shall provide adequate off-street automobile stacking area,
which shall not be less than 20 spaces per bay. Such stacking system
shall in no way hinder or impair normal traffic flow on adjoining
property or public right-of-way.
(c)
Approval of the Borough Engineer regarding utilities and drainage
and the Department of Health regarding the performance standards shall
be required.
(d)
Ingress and egress shall be so designed as not to interfere
with the normal traffic flow in the area.
(6)
Drive-through pickup and deposit facilities. Conditions regarding
drive-through pickup facilities shall be as follows:
(a)
All other regulations for the district in which the use is to
be located shall be complied with.
(b)
Ingress and egress shall be so designed as not to interfere
with normal traffic flow in the area.
(c)
As a condition of approval, the applicant shall provide a traffic
study by a traffic engineer which demonstrates that the proposed drive-through
facility will not substantially impact off-site traffic.
(d)
The applicant shall provide appropriate signage indicating direction
of ingress and egress.
(e)
The applicant shall provide off-street automobile stacking area,
which shall not be less than six spaces per lane. Such stacking system
shall in no way hinder or impair normal traffic flow in adjoining
property or public right-of-way.
(7)
Antique, used furniture and used clothing stores. Conditions
regarding antique, used furniture and used clothing stores shall be
as follows:
(a)
All other regulations for the district in which the use is to
be located shall be complied with.
(b)
Furniture stripping shall be prohibited on the premises unless
the use is located in the industrial zone.
(c)
Exterior displays shall not be permitted.
(d)
A minimum of 3,000 square feet of gross floor area shall be
required.
(8)
Cannabis
retailers. Conditions regarding cannabis retailers shall be as follows:
[Added 6-15-2022 by Ord. No. 2686-22]
(a)
All other regulations for the district in which the use is to be
located shall be complied with.
(b)
Said establishment shall be licensed and shall be located more than
1,000 feet from the property line of any elementary or secondary school
property.
(c)
No outdoor consumption areas are permitted.
(9)
Cannabis
cultivators. Conditions regarding cannabis cultivators shall be as
follows:
[Added 6-15-2022 by Ord. No. 2686-22]
(a)
All other regulations for the district in which the use is to be
located shall be complied with.
(b)
The design of any building or structure required for such use conforms
to the general character of the area in which it is located.
(c)
The cultivation activities of said establishment must be conducted
entirely indoors.
(d)
Unusual odors, smells, fragrances, or other olfactory stimulants
shall be prohibited beyond the property line. Odor mitigation filtration
systems shall be installed and maintained in perfect working order.
A.
Purpose. Solar energy systems are to provide power for the principal
and/or accessory use of the property whereon said system is to be
located and shall not be for the generation of power for commercial
purposes, although this provision shall not be interpreted to prohibit
the sale of excess power generated from time to time from a solar
energy system designed to meet the energy needs of the principal use.
B.
Standards for all types of solar energy systems.
(1)
The installation of a solar energy system shall conform to the
National Electric Code as adopted by the New Jersey Department of
Community Affairs.
(2)
Solar energy systems that connect to the electric utility shall
comply with the New Jersey's Net Metering and Interconnection Standards
for Class 1 Renewable Energy Systems and as required by the electric
utility servicing the parcel.
(3)
Solar energy systems shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the system. In no case shall identification be visible from a property
line.
(4)
The design of a solar energy system shall, to the extent practicable,
use materials, colors, textures, screening and landscaping that will
blend the facility into the natural setting and existing environment.
C.
Roof-mounted solar panels.
(1)
Solar panels shall be permitted as a rooftop installation in
any zoning district.
(2)
The solar panels shall not exceed a height of eight inches from
the rooftop.
(3)
Rooftop systems shall be considered a permitted accessory use
subject to approval of the Zoning Officer and Construction Official.
D.
Ground-mounted solar panels. Conditions regarding ground-mounted
solar panels shall be as follows:
(1)
All ground-mounted solar panels shall follow the underlying
zone bulk requirements for principal uses.
(2)
Ground-mounted solar panels shall not exceed a height of 15
feet.
(3)
All electrical wires servicing a ground-mounted solar panel,
other than wires necessary to interconnect the solar panels, and the
grounding wires, shall be located underground.
(4)
In order to obtain a zoning permit for placement of a ground-mounted
solar panel in the front yard, the applicant must demonstrate to the
Zoning Board the necessity for the front yard installation by reason
of an extraordinary and exceptional situation uniquely affecting a
specific piece of property resulting in an exceptional difficulty
and undue hardship to the applicant. The clearing of brush or wooded
areas alone will not constitute an undue hardship.
A.
Purpose. To minimize the adverse impacts associated with the potential
proliferation of communication towers, the Borough of Roselle is pursuing
a proactive policy of requiring co-location of wireless communication
antennas on existing towers, on buildings, and on a new tower(s) at
a public site(s) which may be designated by the Borough Council.
B.
Communication antennas not attached to towers. Any communication
antenna which is not attached to a communication tower, along with
its associated equipment compound and support structure, shall be
a permitted accessory use to any commercial, industrial, professional,
institutional or office structure, provided that:
(1)
The wireless communications facility does not exceed more than
20 feet above the highest point of the structure.
(2)
Amateur radio antennas are exempt from this section.
(3)
The antennas and associated equipment shall be located on the
building roof and screened so as to minimize their visual impact or
be located inside the building.
C.
Co-location of communication antennas on existing towers. Co-location of wireless communication antennas on existing towers and associated equipment compounds is permitted as a conditional use in all zoning districts and shall be treated as a minor site plan. The conditional use standards that apply to such use are those standards set forth below in this Subsection C and those standards set forth in Subsection E.
(1)
Height. An existing communication tower may be modified or rebuilt
to a taller height, not to exceed 12 feet over such tower's existing
height, to accommodate the co-location of additional communication
antennas. The wireless communication antennas shall be no higher than
necessary to achieve service area requirements.
(2)
Need analysis. The applicant shall submit as part of its application
a statement as to the purpose of the proposed wireless communication
facility (e.g., to address a coverage or capacity issue, or a combination
of both) and the type/mode (e.g., in vehicle or in building) and geographic
area(s) where this is an issue (e.g., what streets, facilities or
neighborhoods). The applicant shall provide propagation studies showing
both current (without the proposed site) and projected (with the proposed
site) coverage and service in the area of the application, including
all surrounding sites (built and approved). The report shall include
the design parameters used for the propagation studies, including
antenna types, location, orientation and elevation, operating frequencies,
ERP, and signal strength thresholds or "cutoffs." The analysis shall
show the entire area where there is insufficient service or coverage
and which the application is intended, at least in part, to address.
Additional supporting data can be submitted, including (but not limited
to) traffic data, drive tests, etc. No wireless communications facility
shall be approved unless the applicant demonstrates a need for the
facility at the location proposed.
(3)
Visual impact. The proposed facility shall be designed so as
to have the least visual impact reasonably possible.
(4)
Alternatives analysis. The applicant shall undertake an alternatives analysis describing other approaches, solutions or sites it evaluated to address the need as stated in Subsection C(2) above and shall submit a report with respect thereto. This analysis shall include the location of all of its existing wireless communications facilities within the Borough and outside the Borough but providing service within the boundaries of the Borough; the location and type of other sites considered; the availability of those sites; the extent to which other sites do not meet the applicant's service, engineering, or other needs; and the reason why the subject site was chosen over the alternatives. The analysis shall also address any alternative technologies that may be available and why such technologies are not being used. The analysis of alternatives shall include a comprehensive approach to address the need in the area where the need analysis shows insufficient service or coverage, demonstrating how the applicant intends to address the entirety of the need, including any areas or issues that would not be addressed by the proposed facility. The plan shall provide for the fewest feasible number of sites for wireless communications facilities. The applicant shall indicate any future sites it anticipates at the time of the application, to the extent currently known or forecast. Future applications by the applicant or its successor will be evaluated for consistency with this plan, and any deviation from it shall be justified to the satisfaction of the Board of jurisdiction. No wireless communication facility shall be approved unless the applicant demonstrates that there are no suitable alternatives that are less visually intrusive than the proposed application.
(5)
Additional submission requirements. In addition to the applicable
documentation required for site plan approval, the following documentation
shall be submitted as part of the minor site plan submission:
(a)
Documentation by a qualified expert that any proposed wireless
communications facility will have sufficient structural integrity
to support the proposed antennas and anticipated future co-located
antennas and that the structural standards developed for antennas
by the Electronic Industries Association (EIA) and/or the Telecommunications
Industry Association (TIA) have been met;
(b)
A letter of intent by the applicant, in a form to be reviewed
and approved by the Board Attorney, indicating that the applicant,
to the extent it has the authority to do so, will share the use of
the tower, including extensions, and compounds to the extent feasible,
with other approved providers of wireless communications services;
and
(c)
A visual impact study, graphically simulating, through models,
computer-enhanced graphics, or similar techniques, the appearance
of any proposed wireless communications facility and indicating its
view from at least five locations around and within one mile of the
proposed wireless communications facility where such facility will
be most visible. Aerial photographs of the impact area shall also
be submitted.
D.
Co-location of communication antennas on towers on public property.
(1)
Co-location policy. The Borough of Roselle shall plan for and
accommodate the growing demand for communication antennas by co-locating
such new antennas on towers sited on publicly owned sites controlled
or designated by the Borough and which are appropriate locations for
facilitating wireless communications and for minimizing visual and
other impacts on the public associated with communication antennas.
(2)
Public/private partnership to implement co-location policy.
(a)
Any co-location communication towers will be installed, maintained
and operated by a private business and/or regulated public utility
on public property under lease agreement with the Borough of Roselle
pursuant to the Local Land and Buildings Law[1] and/or the Local Public Contracts Law[2] of the State of New Jersey and in compliance with the
ordinance requirements of the Borough.
(b)
In order to assure that any tower at the above-referenced location
will accomplish the intent of this section, any lease agreement with
the private operator or regulated public utility shall include, but
not be limited to, the following requirements:
(c)
The private entity or regulated public utility which will install,
maintain and operate the co-location tower will be selected through
an open public bidding process under specifications and a lease agreement
to be prepared for the Mayor and Council under applicable New Jersey
law governing public-private agreements. Specifications will include,
but not be limited to, a demonstration of suitable past site management
experience and compliance with prescribed construction standards with
a cost and revenue analysis for the first five years of operation.
(d)
Installation of wireless communication facilities on or at towers
on public property shall not require site plan review.
E.
Conditional use standards. The following design and performance standards shall apply as additional conditional use standards to communication antennas co-located on existing towers, support structures, and associated equipment compounds proposed pursuant to Subsection C hereof and shall be the standards applicable to towers, antennas, and support structures, and associated equipment compounds on public property proposed pursuant to Subsection D.
(1)
Telecommunications equipment compound design. No buildings shall
be permitted in the equipment compound. Communication equipment may
be stored in cabinets.
(2)
Fencing. A chain-link fence or wall not less than seven feet
in height from finished grade shall be provided around each communication
tower and equipment compound. Access to the tower shall be through
a locked gate. The fence and supporting structures shall have a black
matte finish.
(3)
Landscaping. The visual impact of a communication tower and
equipment compound shall be mitigated for nearby viewers through landscaping
or other screening materials at the equipment compound. The following
landscaping and buffering shall be required around the perimeter of
the tower and equipment compound, except that the standards may be
waived by the Planning Board for those sides of the proposed tower
that are located adjacent to undevelopable lands and lands not in
public view. Landscaping shall be installed on the outside of fences.
Further, existing vegetation shall be preserved to the maximum extent
practicable and may be used as a substitute for or in supplement towards
meeting landscaping requirements.
(a)
A continuous evergreen hedge at least seven feet high at planting.
(b)
All landscaping shall be of the evergreen variety. If the landscaping
set forth above cannot be installed because it is prohibited, either
by the owner of the site, by law, or otherwise, the applicant shall
propose alternative landscaping designed to mitigate the visual impact
of the communication tower and equipment compound.
(4)
Method of determining communication tower height. For purposes
of measurement, communication tower height shall include antenna,
base pad and other appurtenances and shall be measured from the finished
grade of the parcel.
(5)
Illumination. Communication towers shall not be artificially
lighted except as required by the Federal Aviation Administration
(FAA), in which case the least-intrusive type of lighting permitted
by the FAA shall be used, and except as necessary for inspection of
and repairs within the equipment compound, in which case the lighting
may only be located within the compound and may only be turned on
manually, with a mechanism to shut it off after a reasonable time
to be set by the Planning Board after testimony by the applicant's
representative. Lighting within the equipment compound shall not produce
glare and shall be designed so as to minimize its spillover outside
the compound.
(6)
Finished color. Wireless communication improvements to existing
communication towers not requiring FAA painting/marking shall have
a finish that matches the existing tower.
(7)
Structural design. Communication towers shall be constructed
to the EIA/TIA 222-F standards, or such subsequent revision as is
in place at the time of the Planning Board decision, as published
by the Electronic Industries Association, which may be amended from
time to time, and all Borough construction/building codes. Further,
any improvements and/or additions (e.g., antennas, satellite dishes,
etc.) to existing communication towers shall require submission of
site plans sealed and verified by a professional engineer which demonstrate
compliance with the EIA/TIA 222-E standards. The applicant shall include
in its design the opportunity for co-location by others or explain
why co-location is not feasible.
(8)
Underground utilities. All utilities serving any wireless communications
facility shall be underground.
F.
Standards applicable to all wireless communications facilities. The
following standards, which are not conditional use standards, shall
apply to all wireless communications facilities:
(1)
Maintenance. Wireless communications facilities shall be maintained
to ensure their continued structural integrity. The owner of a wireless
communications facility shall also perform such other maintenance
of the structure and of the site as to ensure that it does not create
a visual nuisance.
(2)
Inspection.
(a)
An applicant may be required to inspect its wireless facility
upon notice from the Borough.
(b)
Inspections shall be conducted by an engineer licensed to practice
in the State of New Jersey. The results of such inspections shall
be provided to the Borough Engineer. Based upon the results of an
inspection, the Borough may require repair or removal of a communication
tower. Upon removal of the wireless communications facility, if such
facility is a tower, the site shall be restored in the manner acceptable
to the Borough Landscape Architect.
(3)
Abandonment. Any wireless communications facility that is not
operated for a continuous period of 12 months shall be considered
abandoned. The owner of such facility shall remove it within 90 days
of notice from the Zoning Officer that the facility is abandoned.
If such facility is not removed within 90 days, the Borough may remove
such facility at the owner's expense. If the facility is to be retained,
the provider shall establish that the facility will be reused within
one year after such abandonment. If the facility is not reused within
one year, the facility shall be removed. At the discretion of the
Zoning Officer, upon good cause shown, the one-year reuse period may
be extended for a period not to exceed one additional year.
(4)
The wireless communications facility shall comply with all applicable
FCC and FAA regulations.
(5)
The wireless communications facility shall comply with all applicable
building codes.
(6)
Signs. Signs displaying owner contact information, warnings,
and equipment information and safety instructions shall be provided.
No other signage shall be permitted.
(7)
Noise. No equipment shall be operated so as to produce a noise
level on adjoining properties that exceeds the noise level permitted
by Borough Code.
(8)
Activity and access. All equipment shall be designed and automated
to the greatest extent possible in order to reduce the need for on-site
maintenance and thereby to minimize the need for vehicular trips to
and from the site. Access shall be from established site access points
whenever possible. No more off-street parking than is necessary shall
be permitted.
(9)
Each application for any wireless communications facilities
shall include either a preliminary or a certified statement that the
operation of the facility, including reception and transmission functions,
will operate within the parameters established by the applicable FCC
licenses and regulation, so as to minimize the possibility of interfering
with the usual and customary transmission or reception of radio, television,
etc., and other licensed services enjoyed by adjacent residential
and nonresidential properties. In the event that only a preliminary
statement is submitted with the application, a final, certified statement
of noninterference will be provided and approved by the Borough prior
to the issuance of a building permit. The statement shall be prepared
by an engineer licensed to practice in the State of New Jersey or
other professional accepted by the Borough.
(10)
Approval required from other governmental agencies. Each application
shall include written approval or a statement of no objection from
other federal, state or county agencies that regulate communication
tower sighting, design and construction.
(11)
The applicant shall submit a report certifying that its facilities
will operate in accordance with all legal requirements regarding RF
exposure (FCC Report and Order 96-326 regarding Guidelines for Evaluating
the Environmental Effects of Radiofrequency Radiation and FCC OET
Bulletin-65, Evaluating Compliance with FCC Guidelines for Human Exposure
to Radiofrequency Electromagnetic Fields, and others). This report
shall include the class of service, frequencies, maximum effective
radiation power (ERP) of the antennas, anticipated operating ERP(s),
antenna types, heights and orientation of all antennas and indicate
predicted RF exposure levels under normal operations at the nearest
occupied structure. A copy of the FCC license applicable to the use
of the wireless communications facility shall also be submitted. The
statement shall be prepared by an engineer licensed to practice in
the State of New Jersey or other professional accepted by the Borough.
[Added[1] at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A.
Location.
(1)
Billboards may be located on parcels within the Business/Commercial
Zone that have frontage on Route 27, known as "St. George Avenue."
(2)
Billboards shall be designed so that the advertising surface
is visible only from Route 27 and no residential uses to the greatest
degree possible.
(3)
No portion of a billboard shall be more than 200 feet from the
property line adjoining Route 27.
(4)
Only one billboard shall be permitted on any one lot.
(5)
No portion of a billboard shall be within 1,000 feet of any
portion of another billboard or the applicable spacing requirements
of the New Jersey State Department of Transportation, whichever is
greater.
C.
Size and design.
(1)
A billboard display area shall not exceed 50 feet in height
above the existing grade.
(2)
A billboard display area shall not exceed 672 square feet.
(3)
No billboard or billboard display area or portion thereof shall
rotate, move, produce noise or smoke, give the illusion of movement,
display video or other changing imagery, automatically change, or
be animated or blinking, nor shall any billboard or portion thereof
have any electronic, digital, tri-vision or other animated characteristics
resulting in an automatically changing depiction.
(4)
A billboard shall contain no more than two billboard display
areas. A triangular (three-sided) configuration shall not be permitted.
Two-sided billboard with an angle of deflection of no greater than
35° shall be permitted.
(5)
Billboard display areas may be illuminated subject to the following
conditions:
(a)
Illuminating lights shall be arranged so as to direct illumination
only towards the billboard display area and to reduce glare.
(b)
Illuminating lights shall be arranged so that glare shall not
be visible from any residential properties at any time of year.
(c)
Illuminating lights shall be shielded from view of all vehicular
traffic.
(d)
No billboard shall be illuminated by means of intermittent,
flashing or blinking lights.
(6)
No billboard or billboard display area be painted with, or composed
of, any material of a fluorescent, phosphorescent or holographic material.
(7)
No billboard shall display pornographic or sexually indecent
and/or obscene pictures, depictions, or images, whether such images
are actual pictures, illustrations, or computer-generated. For the
purposes of this section, pornographic or sexually indecent and/or
obscene pictures, depictions, or images shall include, but not be
limited to, images of unclothed humanoid genitalia, humanoid breasts,
humanoid buttocks, and other sexually explicit imagery such as gratuitous
humanoid breast cleavage. No billboard shall display obscene, vulgar,
or profane words or symbols, which shall include, but not be limited
to, words, phrases and symbols that are commonly restricted from public
broadcast pursuant to 18 U.S.C. § 1464.
(8)
No billboard shall display any words or symbols that connote
traffic control commands, including but not limited to "stop" or "danger,"
or which may be confused as a sign displayed by a public authority.
(9)
No billboard shall be placed on any building or on the roof
of any building.
(10)
No billboard shall be erected so as to cause any visual obstruction
to traffic or impair traffic control devices.
D.
Administration.
(1)
Any application for the construction of a billboard shall require
compliance with the Roadside Sign Control and Outdoor Advertising
Act as found at N.J.S.A. 27:5-5 et seq., and such other laws and applicable
regulations related to the construction of structures and/or billboards.
(2)
Applications for the construction of a billboard shall comply
with the requirements contained within this chapter as to site plan
review procedures.
A.
This article shall be enforced by the Building Inspector or any other
enforcing officer of the Borough of Roselle.
B.
For any and every violation of the provisions of this article, the
owner, general agent or contractor of a building or premises in which
part such violation has been committed or shall exist, and the general
agent, architect, builder, contractor or any other person who commits,
takes part or assists in such violation or who maintains any building
or premises in which any such violation shall exist, shall, for each
and every violation and for each and every day that such violation
continues, be subject to a fine of not more than $1,000 or be subject
to imprisonment in the county jail for a period of 90 days or by a
period of community service not exceeding 90 days. The court may impose
all, some or any combination of these sanctions.
A.
All sections of any ordinance of the Borough of Roselle containing
provisions contrary to the provisions of this article, except Ordinance
No. 1620, adopted March 27, 1985, shall be and are hereby, to the
extent of such inconsistency, repealed.
B.
This article shall be effective after final hearing publication and
filing with the Union County Planning Board.
