[1980 Code § 128-59; Ord. No. 1348; Ord. No. 1367]
In accordance with the authority granted by N.J.S.A. 40:55D-1
et seq., there is hereby established Part 3, Zoning, of this chapter,
which:
A. Limits and restricts buildings and structures to specified districts
and regulates buildings and structures according to their type and
the nature and extent of their use and regulates the nature and extent
of the use of land for trade, industry, residence, open space or other
purposes.
B. Regulate the bulk, height, number of stories, orientation and size
of buildings and the other structures; the percentage of lot or development
area may be occupied by structures; lot sizes and dimensions; and
for these purposes may specify floor area ratios and other ratios
and regulatory techniques governing the intensity of land use and
the provision of adequate light and air, including but not limited
to the potential for utilization of renewable energy sources.
C. Establishes, for particular uses or classes of uses, reasonable standards
of performance and standards for the provision of adequate physical
improvements, including but not limited to off-street parking and
loading areas, access roads and roadways, other circulation facilities
and water sewerage and draining facilities.
D. Provides for conditional uses pursuant to N.J.S.A. 40:55D-67.
E. Provides for senior citizen community housing.
F. Requires as a condition for any approval pursuant to this chapter,
that no taxes or assessments for local improvements are due or delinquent
on the property for which any application is made.
G. Provides penalties for violations of the provisions hereof.
[1980 Code § 128-60]
Part 3 Zoning, of this chapter, being necessary for the welfare
of the Borough and its inhabitants, shall be construed liberally to
effect the purposes thereof. Wherever the requirements of Part 3 of
this chapter are at variance with the requirements of any other duly
adopted rule, regulation or ordinance, the more restrictive requirement
shall govern. In the absence of a definition in this chapter, words
and phrases used herein shall be given their definitions in accordance
with the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or with
standard usage.
[Added 10-6-2022 by Ord.
No. 2699]
The purpose of this section shall be to codify and set forth
the Borough of Roselle Park's general procedure as it relates to processing
and issuing zoning permits.
A. All individuals or entities undertaking work or other action that
requires zoning approvals as outlined by this chapter shall apply
for the same in writing on forms prescribed by the Department of Code
Enforcement.
B. Within 10 business days after the receipt of a complete application
for a zoning permit, the Borough of Roselle Park's Zoning Officer,
or the designee of the Zoning Officer, or another individual as may
be designated by function of the foregoing municipal code, shall either
release or deny the application. Should an application for a zoning
permit remain pending after the expiration of 10 business days, the
application shall be considered approved by the Borough of Roselle
Park pursuant to N.J.S.A. 40:55D-18.
C. Should an application for a zoning permit be denied, the applicant
may choose to appeal such a decision to the Municipal Land Use Board,
deliberating on the matter as a Board of Adjustment. Should an application
for a zoning permit be approved, the applicant shall be required to
execute a pre-release affidavit attesting to their explicit understanding
of the technical requirements of the zoning approvals, an estimated
start date for work associated with the permit, and an estimated date
of work completion. After the applicant's execution of the affidavit,
a zoning permit will be issued.
1. Upon the issuance of a zoning permit, the applicant therefor will
be assigned an inspection date. Zoning inspections will take place
subsequent to the estimated completion date as noted in the pre-release
affidavit. All inspections will be conducted by the Zoning Officer
or their designee.
2. Upon inspection, should the work associated with a zoning permit
approval be found acceptable pursuant to the underlying technical
requirements of the permit, a notice of approval shall be issued.
Likewise, should the work associated with a zoning permit be found
contrary to underlying technical requirements, a notice of violation
shall be issued.