[Ord. 97; 97-17]
The minimum lot width of any lot shall be measured along the
minimum building setback line as required for the district in which
it is located.
At all street intersections no obstruction to vision which is
a hazard to vehicular movement (other than an existing building, post,
column, or tree) and which exceeds 30 inches in height above the established
grade of the street at the property line shall be erected or maintained
on any lot within the triangle formed by the street lot lines of such
lot and a line drawn between points along such street lot lines 30
feet distant from their point of intersection.
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
ordinance; and, if already less than the minimum required by this
ordinance, said area or dimension may be continued and shall not be
further reduced.
A through lot shall be considered as having two street frontages,
both of which shall be subject to the front yard requirements of this
ordinance.
[Ord. 97; 97-01; 97-37A]
No building or structure shall be higher than 25 feet in the
R-40 Zone and 30 feet in the C-40 Zone.
[Ord. 97; 97-29]
Height limitations stipulated elsewhere in this ordinance shall
not apply to church spires; belfries; cupolas and domes; monuments;
water towers, chimneys; flagpoles; non-commercial radio and television
towers, masts and aerials; or to farm buildings or structures on farms,
provided these farm buildings are at least 100 feet from every lot
line.
The side yard of every corner lot shall be equal to the front
yard requirement of structures fronting on the side street.
[Ord. 97-1; 97-40]
Any nonresidential use which is in, abuts, or is adjacent to
a residential use or district shall provide yards, where adjacent
to residential uses or districts, of at least 75 additional feet to
those required in Article 4. Screening shall be provided in accordance
with Section 5.500 as applicable.
[Ord. 97-21]
a. Where the sidewall of a building is not parallel with the side lot
line or is broken or otherwise irregular, the side yard may be varied.
In such case, the average width of the side yard shall not be less
than the otherwise required minimum width; provided however, that
such yard shall not be narrower at any point than one-half the otherwise
required minimum width.
b. For any dwellings where the original sidewall is parallel to the
side lot line but does not meet the current side-yard setback requirement,
an addition may be constructed to the said dwelling that continues,
but does not reduce, the existing nonconforming side-yard with the
following conditions:
1. This exception shall apply to only one of the existing nonconforming
side-yards.
2. There shall be no windows or doors in any wall which shall be erected
less than 25 feet from the side lot line, unless a code conforming,
opaque fence, six feet high shall be erected between the said addition
and the common property line.
3. The new addition shall not exceed nine feet in height above the first
floor for any portion of the addition which is less than 25 feet from
the property line.
c. For semidetached dwellings, additions may be built into the rear
yard without any side yard setback required along the common lot line
with the following conditions:
1. No portion of the construction shall intrude into the adjacent property.
2. There shall be no windows or doors in any wall which shall be erected
less than 25 feet from the common lot line, unless a code conforming,
opaque fence, six feet high shall be erected between the said addition
and the common lot line.
3. The new addition shall not exceed nine feet in height above the first
floor for any portion of the addition which is less than 25 feet from
the common lot line.
4. No rainwater runoff from the roof of any new addition shall flow
onto the property of the adjacent attached dwelling.
No building shall be erected, reconstructed or altered so as
to project in any way beyond the average setback line established
by the buildings on the same side of the street within that block.
Where there are existing buildings at the time of the passage of this
ordinance on only one side of the street within the block, then the
setback line on the vacant side shall be the same as the average setback
line on the improved side of the street. No new building shall be
erected with its street wall, walls or porches (open or enclosed)
closer to the street than 30 feet.
The front yard of any corner lot shall be established on the
wider of the two streets abutting said lot, except where the widths
of the two abutting streets are equal, then the front yard may be
established on either street.
No yard or other open space provided about any buildings for
the purpose of complying with the provisions of the ordinance shall
be considered as providing a yard or open space for any other building;
and no yard or other open space on another lot shall be considered
as providing a yard or open space for a building on any other lot.
Except as otherwise provided specifically in the R-40 district, no
yard or open space shall be used for the regular parking of motor
vehicles or open storage of construction materials or household objects.
Open storage of seasonal vehicles shall be in conformity with the
requirements of Section 7.470.
[Ord. 97; 97-17; Ord. 97; 97-01]
a. No accessory building permitted by this ordinance shall be placed
in any required side or front yard except as specified hereinafter
in this article.
b. The aggregate ground area covered by any accessory buildings in any
rear yards shall not exceed 10% of the rear yard area.
c. Accessory structures which are not attached to a principal structure
may be erected with the following conditions:
1. Where the rear lot line adjoins permanent open space, an accessory
structure may be located in the rear yard abutting the rear lot line.
Where two residential rear lot lines abut, no accessory structure
may be located closer than 20 feet to the rear lot line. Accessory
structures more than 10 feet in height shall be set back one additional
foot in height.
2. No accessory structure shall be located closer to a principal structure
than 10 feet or a distance equal to the height of the accessory building,
whichever is greater.
d. When an accessory structure is attached to the principal building,
it shall comply in all respects with the requirements of this ordinance
applicable to the principal buildings.
In residential districts, accessory uses such as tennis courts
and swimming pools not enclosed in a building, shall be erected only
on the same lot as the principal building and may not be constructed
in the front or side yards of such lot. Such uses may not be located
closer than 20 feet from any lot line nor closer than 10 feet from
the principal building. Such uses shall not adversely affect the character
of any residential neighborhood by reason of noise, glare or safety
hazards. When more than three feet in depth or 15 feet in length,
pools shall be fenced.
[Ord. 97-6]
A satellite earth station or dish antenna including structural
supports is permitted in all zones as a conditional use, if the following
requirements are met:
a. A dish antenna is permitted only as an accessory use on a lot that
contains a principal structure.
b. In the case of a corner lot, site approval from the Planning Board
is required.
c. The location of the dish antenna shall be governed by the same regulations
as those for any other accessory structure.
d. A dish antenna is permitted only as a freestanding structure on foundation
approved by the Building Inspector. The electrical installation will
also be subject to approval.
e. The top of the antenna shall not be more than eight feet high above
grade.
f. No lot may contain more than one dish antenna.
[Ord. 97; 97-07; 97-39]
Any nonresidential use other than industrial use which is in,
abuts, is adjacent to, or closer than 50 feet from any residential
district and whose principal or accessory uses, including storage
and parking, are not conducted within a completely enclosed building,
shall be entirely enclosed by any necessary means sufficient to effectively
shield such uses. Any industrial use which abuts, is adjacent to,
or is closer than 400 feet from any residential district shall be
similarly enclosed by any necessary means to effectively shield such
uses. All existing or potential nuisance factor producing devices
or processes shall be fully enclosed in buildings or structures and
shielded so that the nuisance factor(s) shall conform to State standards
for a residential district under any and all conditions. In no event
shall any industrial building, structure or device be located closer
than 250 feet from any residential lot property line.
For the purpose of this section a fence shall be defined as
any artificially constructed barrier of wood, masonry, stone, wire,
plastic metal or any other manufactured material, or combination of
those materials, erected for the enclosure of land and/or dividing
one piece of land from another in residential zones. Fences established
for the protection of gardens or horticultural plantings shall not
be subject to the provisions of this section.
Fences may be erected in the residential zones of the Borough
of Roosevelt as hereinafter set forth:
a. Fences shall not exceed 2 1/2 feet in height above curb level
where placed within thirty-foot sight triangle at the corner of any
intersection of any two or more roadways.
b. Any fence that shall be erected between the front property line and
the building line shall be (1) no more than 36 inches in height; and
(2) no more than 50% solid matter. Chain link fences shall not be
permitted in such locations.
c. All fences shall be erected with the face or finished side away from
the interior of the property, and the structural side toward the interior
of the property. Where a fence is erected on the border between a
private lot and public open space this provision shall not apply.
d. Fences shall not exceed six feet in height from the ground.
e. The following fences are specifically prohibited: (a) barbed-wire
and razor wire fences, electrically charged and sharply pointed fences;
(b) canvas, cloth, poultry netting, snow fences, expandable fences
and collapsible fences. Temporary fences of materials listed in category
(b) above shall be permitted where their erection is necessary for
safety.
[Amended 11-20-2023 by Ord. No. 2023-14]
a. Application for fences shall be made in writing to the Zoning Officer
of the Borough of Roosevelt, setting forth the following information:
1. Owner and address of premises where fence is to be erected;
2. Description and specifications of the fence, including size, height,
dimensions, material, and size and percentage of openings;
3. Sketch or plan of the fence; and
4. Sketch of the premises showing the abutting streets and approximate
locations of intersections within 50 feet of any property line, and
approximate locations of structures within 50 feet of any property
line.
b. The Zoning Officer may approve the construction of any fence consistent
with the standards of this ordinance, provided that it does not unreasonably
obstruct the enjoyment of light and air to the owners of adjoining
properties, and provided further that it does not endanger the safety
of persons lawfully using the public streets.
c. A general zoning permit fee of $25 shall be paid to the Zoning Officer
at the time application is made. No fence shall be erected until the
Zoning Officer has issued a permit for said fence.
Every fence shall be maintained in a safe, sound, and upright
condition and in accordance with the application submitted on file
with the Zoning Officer, and the permit granted pursuant to said application.