No land or premises shall be used and no building
or structure shall be erected, raised, moved, extended, enlarged,
altered or used for any purpose other than a purpose permitted herein,
for the zone district in which it is located. All construction shall
be in conformity with the regulations set forth for the zone district
in which such building or premises is located.
Each provision of this article shall apply to
all zone districts unless otherwise stated.
[Amended 11-13-2014 by Ord. No. 12-14]
Where a use is not specifically permitted in a zone district,
it is prohibited. Without limitation of the foregoing¸ the following
uses are specifically prohibited in all zone districts:
A.
Rooming
and boarding houses, as defined in N.J.S.A. 55:13B-3.
No building permit and no certificate of occupancy shall be issued by the Construction Official except upon application therefor in conformity with all the provisions of this chapter and Chapters 169, 170 and 171. No zoning permit shall be issued by the Zoning Officer except upon application therefor in conformity with § 169-45 of Chapter 169. No sign erection permits shall be issued by the Construction Official except upon application therefor in conformity with the terms of Article IV, Signs, of this chapter.
[Amended 12-13-2012 by Ord. No. 26-12]
No driveway shall be permitted to serve any
use other than the permitted use on the lot upon which said driveway
is located; provided, however, that nothing herein shall be construed
to prohibit a joint parking facility approved by the Land Use Board.
No accessory building or structure shall be
built on any lot on which there is not a principal building or structure.
A.
The following requirements shall be met in all residential
zones:
(1)
No accessory building or structure shall have a ground
area greater than the ground area of the principal building or structure
on the same lot.
(2)
No accessory building or structure shall exceed the
height of the principal building or structure or 16 feet, whichever
results in the lesser height.
(3)
No accessory building or structure shall be permitted
in any front yard.
(4)
Accessory buildings shall be located not less than
10 feet from any principal building situated on the same lot.
(5)
Accessory buildings may be built within any side yard,
provided that the required side yard setback for the principal building
is maintained.
(6)
Accessory buildings built in any rear yard shall not
be closer than five feet from any side or rear property line of the
lot containing said accessory building; provided, however, where said
rear lot line is coincident with the required side yard or front yard
of the principal building or structure on the adjoining property,
a minimum setback of 10 feet shall apply.
(7)
Accessory buildings on corner lots shall not be closer
to any street sideline than the front yard setback required for the
principal buildings on the adjacent lots.
(8)
Utility buildings.
(a)
For the purpose of this section, a residential
utility building shall be defined as a freestanding, prefabricated
accessory structure, not exceeding 144 square feet in floor area,
nor 12 feet in height, to be used only for the storage or articles
and materials accessory to a residential use in any residential zone.
(b)
Utility buildings shall comply with all of the
foregoing provisions for accessory buildings, except they shall not
be an integral part of or attached to a principal building; and, in
addition, they shall comply with the requirements of the Uniform Construction
Code of the Borough of Rockaway.[1]
B.
The following requirements shall be met in all nonresidential
zones:
(1)
No accessory building shall have a ground area greater
than the ground area of the principal building on the same lot.
(2)
No accessory building or structure shall exceed the
height of the principal building or structure.
(3)
No accessory building shall be permitted in any front
yard.
(4)
No accessory building shall be located closer than
10 feet from the principal building on the lot on which it is located
or closer than the height of said accessory building, whichever is
greater.
(5)
Accessory buildings may be built within any side yard
if the distance from said accessory building to the sideline of the
lot is equal to or greater than the required side yard setback for
the principal building on said lot.
(6)
Accessory buildings in any rear yard shall not be
closer than 10 feet from the rear property line of the lot containing
said accessory building.
[Amended 12-13-2012 by Ord. No. 26-12]
The conversion of existing structures to a use
permitted in the zone district in which said structure is located
is equally subject to the same regulations as are new structures to
be constructed in said zone district. For purposes of the administration
of this chapter, the partitioning or repartioning of existing structures
to permit additional tenancies, uses or enterprises shall be deemed
a conversion and shall be subject to site plan review and approval
by the Land Use Board.
A.
Corner lots shall meet the front yard setback requirements
for the front yard on the front of the lot and 75% of the front yard
requirements for the front yard facing the intersecting side street.
For the purpose of administering this section, the side of the lot
having the lesser street frontage shall be construed as the front
of the lot. Where the street frontage is equal on both streets, either
yard may be the front yard.
B.
Corner lots in the G-B General Business District shall
have a minimum setback of five feet on the side street.
C.
Corner lots in the GLI General Light Industrial District
shall meet one-half the front yard setback requirement or 12.5 feet
on the side street.
Any lot existing at the time of the adoption of this chapter which fails to comply with the minimum lot size requirements may be used for any permitted use, provided that said lot is in single ownership as defined in Chapter 169, Land Use Administration and Procedures, and further provided that all yard requirements are complied with. Existing adjoining platted lots in single ownership which fail to comply with the minimum lot size requirements of this chapter shall be deemed to have merged.
A.
No fence or retaining wall exceeding six feet in height from the lowest elevation of the finished grade to the top of the fence or retaining wall shall be built in any zone district unless a site plan has been submitted to and approved by the Land Use Board in accordance with the terms of Chapter 171, Land Subdivision and Site Plan Review.
[Amended 12-13-2012 by Ord. No. 26-12]
B.
No fence erected anywhere in the Borough of Rockaway
shall be directly or indirectly connected with any source of electrical
energy, whether real or potential, which may allow any amount of electrical
current to pass through the protective fence nor shall any fence containing
barbed wire be erected in any zone except the GLI and HT/LI zone districts;
razor ribbon or wire is prohibited in all zone districts.
No fence, hedge, shrubbery or planting on any
lot in any residential zone shall be permitted within three feet from
any street sideline.
All trees adjoining or within 15 feet of street
sidelines in all zones shall maintain their branches trimmed at all
times to ensure clear and unobstructed vision not less than eight
feet above street pavement level. On any corner lot no fence, structure,
planting, shrubbery or finished ground elevation more than 30 inches
in height above the level of the street pavement shall be erected
or maintained within 30 feet of the intersection formed by the projections
of the two street sidelines at the corner.
Garages as an accessory use to the principal
single-family residential use and designed to house not more than
three motor vehicles per dwelling unit shall be permitted in any single-family
residence district.
The height limitations required in each zone
district shall not apply to church steeples. Church buildings, hospitals
for humans, public school buildings and structures, masts, flagpoles,
residence receiving antennae or any municipally owned, leased or operated
building, structure or use shall not exceed 45 feet in height above
the average elevation of the ground at the foundation of the structure.
The control and regulation of the uses of buildings
and structures by this chapter shall apply equally to the nature and
extent of the uses of the lot or lots upon which they are erected.
[Amended 12-21-1998 by Ord. No. 13-98]
A.
Any institutional or municipal use, as defined in Article I of Chapter 169 may be permitted as a conditional use in any of the zone districts created by this article, provided that the following requirements are met:
(1)
Lot area. The minimum lot area shall be three acres
for institutional uses. Municipal uses shall not have a minimum lot
area requirement.
(2)
Floor area ratio. The maximum floor ratio for all
buildings shall be 0.20.
(3)
Lot coverage. The maximum lot coverage by all impervious
surfaces shall be 50%.
(4)
Setbacks for buildings and structures. No institutional
building or structure shall be located within 50 feet of any property
line; no municipal building or structure shall be located within 25
feet of any property line.
(5)
Setback for parking. No parking shall be located within
25 feet of any property line.
(6)
Height. No building or structure shall exceed the
height limitations of the zone district in which it is located.
B.
Notwithstanding the foregoing, health care developments,
as licensed and approved by the New Jersey Department of Health, specifically
and limited to hospitals for humans, nursing homes, assisted-living
facilities or residential health care facilities, shall be permitted
as conditional uses in the O-B, G-B, GLI and HT/LI Districts only
and shall meet the following requirements:
(1)
Lot area. The minimum lot area shall be three acres.
(2)
Front yard. There shall be a front yard of not less
than 100 feet.
(3)
Side yard. There shall be two side yards, and no side
yard shall be less than 75 feet or twice the height of the building,
whichever results in the greater side yard.
(4)
Rear yard. There shall be a rear yard of not less
than 75 feet.
(5)
Development density. In addition to meeting the minimum
lot size, requirement, each lot shall contain a minimum lot area of
1,200 square feet for every unit (bed) of the proposed use. No development
shall contain more than 120 beds.
(6)
Lot width. Each lot shall have a minimum width at
the street frontage of 250 feet.
(7)
Lot coverage. Not more than 15% of the land area of
any lot shall be covered by buildings. Not more than 50% of any lot
shall be covered by impervious surfaces.
(8)
Height. No building or structure shall exceed a height
of three stories or 40 feet.
(9)
Access. Each use shall have direct access to an arterial
or collector street.
C.
Public utility facilities as defined in § 169-4, shall be permitted as conditional uses in all zone districts except for the R-1A, R-1, R-2, R-3, R-4 and R-5 Zones and shall meet the following requirements:
(1)
Lot area. The minimum for area shall be 15,000 square
feet.
(2)
Front yard. There shall be a front yard of not less
than 75 feet.
(3)
Side yard. There shall be two side yards and no side
yard shall be less than 25 feet.
(4)
Rear yard. There shall be a rear yard of not less
than 50 feet.
(5)
Lot width. Each lot shall have a minimum width at
the street frontage of 100 feet.
(6)
Lot coverage. Not more than 30% of the land area of
any lot shall be covered by impervious surfaces.
(7)
Landscaped buffer. There shall be a minimum landscaped
buffer are of 15 feet in width to visually separate and screen any
uses or structures on the property from adjoining properties.
(8)
Visual compatibility. All public utility buildings
and structures shall contain an architectural treatment, screening
or buffering to create visual compatibility with surrounding buildings
and structures.
(9)
Setback from residential zone. No building or structure
shall be set back less than 250 feet from any residential zone district
boundary.
(10)
Access. Each use shall have direct access to
an arterial or collector street.
A.
Outdoor storage as an accessory use in any single-family
residence district shall be limited to the following items as regulated:
B.
The above items shall only be permitted to be stored
in the side and rear yard; provided, however, that no item shall be
stored closer to the side lot line than the required side yard setback
requirement for a principal building on the same lot.
C.
Outdoor storage as an accessory use in any nonresidential
zone district is permitted in the side and rear yard; provided, however,
that no item shall be stored closer to the side lot line than the
side yard setback requirement for a principal building on the same
lot. Front yard storage is also permitted, provided that said storage
shall not be closer than 50 feet to the front street right-of-way
line. All storage in the nonresidential zone districts shall be screened
effectively by a landscape planting or fencing, as approved by the
Land Use Board. It shall be maintained in neat and orderly condition
and shall not be visible from any adjoining property or public street.
This provision shall not be construed to require screening of retail
sales of new and used motor vehicles otherwise permitted by this chapter.
[Amended 12-13-2012 by Ord. No. 26-12]
D.
Nothing contained herein shall be construed to permit
as an accessory use outdoor storage or parking of any of the following:
(1)
Motor vehicle parts or dismantled motor vehicles or
motor vehicles which do not have a current motor vehicle inspection
sticker and current state license plates thereon.
(2)
Construction equipment, including trucks having a
manufacturer's rated capacity in excess of one ton.
(3)
Farm equipment.
(4)
Mobile homes or house trailers.
(5)
Buses.
(6)
Trucks or vehicles regardless of the manufacturer's
rated occupancy containing trash, garbage, waste materials, hazardous
materials or the like, including but not limited to vehicles used
in connection with any trash transfer station. Gasoline, motor or
fuel oils or trucks used in the principal permitted use of the lot,
property or location where such activity is conducted are permitted.
(7)
Containers used in the collection of trash, garbage,
waste materials, hazardous materials or the like not associated with
the principal use of the lot, property or location where such activity
is conducted.
E.
Requirements
for temporary storage units. The use "temporary storage units" in
residential zone districts will be allowed on a temporary basis, subject
to the following conditions:
[Added 8-24-2023 by Ord.
No. 23-14; amended 9-28-2023 by Ord. No. 23-19]
(1)
Permit required. Temporary storage units shall be placed on a subject
property for no more than seven days without issuance of a temporary
storage permit issued in accordance with this subsection.
(a)
A property owner or occupant may apply for issuance of a temporary
storage unit permit from the Zoning Officer to extend the seven-day
limitation for good cause, but in no event for more than an additional
30 days, unless used in conjunction with a validly issued construction
permit, in which event, said unit shall be permitted to remain for
the active duration of the construction permit, but in no event for
more than one year (365 days) from the date of the initial permit
issuance. If construction at the site has not been actively and diligently
pursued for a period of 60 days, the Zoning Officer may order the
removal of any portable storage unit from the property.
(b)
The provisions of this subsection are not intended to apply
to any approved industrial or commercial uses.
(2)
Permit applications. Prior to the placement of a temporary storage
unit on any property, the property owner or occupant shall apply for
and receive a permit from the Borough in accordance with the requirements
and standards set forth herein.
(a)
Said application for a temporary storage unit permit shall be
made to the Borough Zoning Officer.
(b)
Applications shall be on a form provided by the Borough and
the application shall require the full name, address, and other contact
information of the owner or occupant of the subject property.
(c)
Every application for a permit shall be accompanied by a permit fee as set forth in Chapter 169, Land Use Administration and Procedures.
(d)
Include a survey or some other drawing, plan or depiction satisfactory
to the Zoning Officer showing the proposed location of the temporary
storage unit.
(e)
If, in the opinion of the Police Department or the Borough Engineer,
the location is sufficiently close to a vehicular intersection or
pedestrian path, the permit may require that the temporary storage
unit be equipped with appropriate reflectors or other safety markings
so that the unit will not constitute a hazard to traffic or pedestrians.
The specific number, location and type of markings shall be determined
by the Police Department or the Borough Engineer and noted on the
permit at the time of its issuance or at any time thereafter.
(f)
Upon a showing of continued need for the temporary storage unit, the Zoning Officer may renew a permit for up to two additional periods, not to exceed a total of 60 days for permits and 180 days for permits issued in conjunction with a construction permit, upon the filing of an application for renewal and payment of the additional fee. Renewal fees shall be as set forth in Chapter 169, Land Use Administration and Procedures.
(g)
The Zoning Officer may extend the time or relax the requirements
for compliance with this subsection if, in the judgment of the Zoning
Officer, sufficient good cause exists under the circumstances to dispense
with strict compliance.
(3)
General permit requirements and conditions.
(a)
No temporary storage unit may be used for human habitability.
(b)
No utilities, including but not limited to water, sewer, and
electricity, shall be connected to any temporary storage unit.
(c)
No temporary storage unit shall be placed on any Borough property,
street or right-of-way without a valid permit issued by the Zoning
Officer. Any such temporary storage unit placed in a public street
or right-of-way shall be equipped with appropriate reflectors and/or
be marked with cones or other similar safety measures as determined
by the Borough Police Department and/or the Borough Engineer.
(d)
All temporary storage units shall be placed on a suitable base
to assure stability and on a suitably paved area.
(e)
No temporary storage unit shall be placed in front of, or obstruct
access to, a fire hydrant.
(f)
No temporary storage unit shall be placed or located in any
area on the property not meeting the setback requirements for accessory
structures and buildings in the zone district in which it is placed.
(g)
No more than one temporary storage unit may be placed on any
property at one time.
(h)
No more than one temporary storage unit permit shall be issued
for the same property within any twelve-month period.
(i)
No flammable, explosive, or hazardous, toxic or dangerous material
or organic waste shall be stored in a temporary storage unit.
(j)
No construction debris, business inventory, commercial goods,
or any personal property which is not owned by the owner or occupant
of the property where the unit is located is permitted to be stored
in said storage unit.
(k)
Temporary storage units shall be in good condition, free from
evidence of deterioration, weathering, discoloration, rust, ripping,
tearing or other holes or breaks and other forms of deterioration.
(l)
The temporary storage unit and the area surrounding it shall
be kept in a neat and clean condition.
(m)
A temporary storage unit shall be no larger than 99 square feet
in area and no higher than 10 feet in height.
(n)
Under no circumstances shall temporary storage units be stacked.
(o)
No material, goods, wares or debris is allowed to be placed
on or under the temporary storage unit.
(p)
The temporary storage unit is to be left closed at all times
except when loading or unloading.
Except as hereinafter specified, yards required
under this chapter shall be entirely free of buildings or parts thereof
as follows:
A.
Cornices and eaves may project not more than three
feet into any required yard.
B.
Sills, leaders, belt courses and similar ornamental
or structural features may project six inches into any required yard.
An open fire balcony or fire escape may project into a required yard
not more than four feet.
C.
Ground story bay windows or oriels may project not
more than three feet into any required front yard, rear yard or side
yard.
No lot shall contain more than one principal
building, structure or use, except a garden apartment, townhouse or
commercial or industrial developments in single ownership as herein
permitted and regulated.
No sign shall hereafter be permitted in the Borough of Rockaway unless it shall comply with the requirements of Article IV, Signs, of this chapter.
Whenever a new lot or lots is or are formed from a part of any other lot or lots, the assembly or division shall conform to the requirements of this chapter and of Chapter 171, Land Subdivision and Site Plan Review, of the Code of the Borough of Rockaway.
No lot, yard, parking area or other open space
shall be so reduced in area or dimension as to make it less than the
minimum required under this chapter. No lot, yard, parking area or
other open space which is already less than the minimum required under
this chapter shall be further reduced in area or dimension.
A.
General requirements.
(1)
For every lot there shall be provided front, rear
and side yards as required by the zone district in which said lot
is located. Each front yard shall face upon a dedicated public street
and shall meet the requirements of the particular zone district in
which the lot is located; provided, however, that on streets less
than 50 feet in width, the required front yard shall be increased
by one-half the difference between the width of the street and 50
feet, and, provided further, any lot which abuts a street with a proposed
right-of-way greater than 50 feet in width as shown on the Circulation
Plan of the Master Plan of the Borough of Rockaway, adopted pursuant
to N.J.S.A. 40:55D-28, shall have a front yard setback measured from
the nearest line of the proposed building or structure to the proposed
right-of-way line shown on said Master Plan.
(2)
No open space which has been counted or included as
a part of a front yard, side yard, rear yard or other open space as
required by this chapter for one building may, by reason of change
of ownership or for any other reason, be counted or included in the
yard or other open space requirement of any other building.
B.
In the R-2, R-5 and O-B Zone Districts where the existing buildings on the same side of the street and within 500 feet on either side of a proposed new single-family dwelling or office building form an established front yard setback, said new buildings shall conform to the established setback line; provided, however, that no new building shall be set back less than 25 feet from nor more than 50 feet from the front property line. Garden apartment developments in the R-5 Zone District shall meet the setback requirements of § 172-54.
C.
In the R-3 and R-4 Zone Districts where the existing buildings on the same side of the street and within 500 feet on either side of a proposed new single-family or two- or three-family dwelling form an established front yard setback, said new buildings shall conform to the established setback line; provided, however, that no new building shall be closer than 20 feet to the front property line, nor shall it be required to be set back more than 35 feet from the front property line. Garden apartment developments in the R-4 Zone District shall meet the setback requirements of § 172-54.
Nothing in this chapter shall be construed to
prohibit public utility distribution facilities, such as water distribution
lines, sanitary sewers and telephone and electric distribution lines
and related attendant facilities intended for local service; such
utility systems are permitted in all zone districts when approved
by the appropriate utility agency or authority.
[Added 9-14-2006 by Ord. No. 18-06]
Noncompliance with any of the provisions or
requirements of this chapter shall constitute a violation thereof,
and any person who so violates this chapter shall, upon conviction
thereof, be subject to a fine of not less than $100 nor more than
$1,250. A separate offense shall be deemed committed on each day during
or on which a violation occurs or continues.
