A.
ADULT VIDEO STORE
BODY PIERCING
FAST-FOOD RESTAURANT
OBSCENE or PORNOGRAPHIC
RESTAURANT or CATERING ESTABLISHMENT
SPECIFIED ANATOMICAL AREA
SPECIFIED SEXUAL ACTIVITY
TATTOOED or TATTOOING
An establishment from which minors are excluded, having as
a substantial stock-in-trade films, videos, movies or other viewing
materials which are distinguished or characterized by their emphasis
on matters depicting, describing or related to specified anatomical
areas or specified sexual activities, as defined herein or an establishment
in which a segment or section of the premises is devoted to the sale,
rental, display or viewing of such material.
The piercing of any portion of the human body for placement
of any type of jewelry or any other ornamation, other than ear piercing.
[Added 9-18-2002 by Ord. No. 866-02]
Allows for the sale and distribution of food either in the
interior of the premises or a drive-in window which shall be physically
separated from the traffic circulation system of the site.
Refer to P.L. 1995, c. 230 (N.J.S.A. 2C:34-2).
An establishment permitting the serving of food or beverages
to the public. A restaurant other than a fast-food restaurant requires
the sales, transaction and delivery of food to be conducted inside
the walls of the building.
Less than completely and opaquely covered human genitals,
pubic region, buttock or female breast below a point immediately above
the top of the areola; or human male genitals in a discernibly turgid
state, even if covered.
Human genitals in a state of sexual stimulation or arousal;
or any act of human masturbation, sexual intercourse or sodomy; or
fondling or other erotic touching of covered or uncovered human genitals,
public region, buttock or female breast.
Any method of placing designs, letters, scrolls, figures,
symbols or any marks under the skin with ink or any other substance
resulting in the coloration of the skin by the aid or needles or any
other instruments designed to puncture the skin.
[Added 9-18-2002 by Ord. No. 866-02]
B.
Prohibited uses are as follows:
C.
No business described herein shall allow persons under
the age of 18 years old.
D.
No person shall operate a sexually oriented business
within 1,000 feet of any other sexually oriented business or other
structures or uses as set forth in N.J.S.A. 2C:34-2.
E.
No business described herein shall allow any person
(female) to appear with either or both breasts exposed and no person
(male or female) may appear with the lower part of the torso uncovered
or so thinly covered or draped as to appear uncovered.
F.
As applied to restaurants, catering or fast-food establishments,
there shall not be permitted within these establishments any dancers,
entertainers, performers or other employees whose specified anatomical
parts are exposed or are less than completely or opaquely covered.
G.
This section is not intended to preempt the Township's
regulations for alcoholic beverages, but is intended to supplement
them.
H.
Sexually oriented businesses are permitted only in
the Business Overlay BA 1 District and shall comply with the following
requirements:
(1)
No sexually explicit business shall be conducted within
175 feet of a residential district or use.
(2)
Vehicular access to premises containing a sexually
oriented business shall be limited to Route 17.
(3)
Sexually oriented businesses shall not operate prior
to 9:00 a.m. nor after 11:00 p.m.
(4)
Any signage permitted for a sexually oriented business
shall be directed toward Route 17.
I.
It is the intent of this subsection to include within
the Business Overlay Zone off-track wagering facilities and Off-Track
wagering licensees. The regulations relating to the filing and licensing
of said facilities shall be as set forth in the statue known as "Off-Track
and Account Wagering Act," N.J.S.A. 5:5-127 et seq.
[Added 10-17-2001 by Ord. No. 841-01]
[Added 10-23-2019 by Ord.
No. 1150-19]
A.
The purpose of the Historic Home Overlay District is to ensure the
preservation of the Tyson House or Italianate mansion dating to the
mid 19th century. The Tyson House is a historically significant local
site.
B.
Any development in the HH-O Zone shall be required to maintain the
historic integrity of the Tyson House. Under no circumstances shall
the demolition of the Tyson House or any significant feature thereof
be permitted. Any modifications to the structure that are necessary
to conduct a permitted use shall be performed in a manner consistent
with the Secretary of the Interior's Standards for the Treatment of
Historic Properties.
C.
Permitted uses in the HH-O Zone are as follows:
(1)
Single-family residence.
(2)
Bed-and-breakfast: an establishment providing overnight accommodations
and a morning meal in a dwelling unit provided to transients for compensation.
The owner/operator may or may not reside on the premises.
(3)
Professional office.
(4)
Business services.
(5)
Restaurants, excluding drive-through or drive-in restaurants.
(6)
Art studio/gallery.
(7)
Banquet/event facility: an establishment that provides a setting
for occasions such as weddings, corporate events, charitable benefits
and similar special events.
D.
The bulk standards for the HH-O Zone are as follows:
(1)
Minimum lot area: 40,000 square feet.
(2)
Minimum lot width: 50 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard: 25 feet.
(5)
Minimum side yard: five feet (one)/15 feet (both).
(6)
Minimum rear yard: 30 feet.
(7)
Maximum building coverage: 15%.
(8)
Maximum improved coverage: 50%.
(9)
Maximum building height: three stories.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11; 7-24-2019 by Ord. No. 1144-19; 3-25-2020 by Ord. No. 1156-20]
A.
Dwelling units.
(1)
Residential density. The maximum permitted residential density shall
be 20 units per acre, exclusive of areas designated as flood hazard
areas, wetlands, wetland buffer areas, and steep sloping lands.
(2)
Mandatory set-aside. A 20% affordable set-aside is required for developments
that result in for-sale units. A 15% affordable set-aside is required
for developments that result in for-rent units.
(3)
Tract location. Affordable housing units shall be situated on the
development tract in locations no less desirable than market-priced
dwelling units within the development and shall be equally accessible
to common open space, community facilities and shopping facilities.
B.
Distances between buildings; length of buildings; maximum number
of dwelling units per building. In the Affordable Housing Zone where
dwelling units are not being subdivided into individual lots, the
following shall apply:
C.
Street requirements. The right-of-way and pavement widths shall be
adequate in size, loading and design to accommodate the maximum traffic,
parking and loading needs and access for fire-fighting and police
vehicles.
(1)
All private internal residential roads and streets shall contain
a minimum pavement width of 24 feet for two-way streets and 20 feet
for one-way streets. Collector roadways shall minimally contain a
pavement width of 30 feet. All public streets shall minimally meet
the Township of Rochelle Park design standards for streets.
(2)
All streets and roads, either dedicated public streets or privately
owned and maintained, or any combination thereof, shall be subject
to the laws of the Township of Rochelle Park as to the construction
of the same. Where an Official Map or Master Plan, or both, have been
adopted, the proposed street system shall conform to the proposals
and conditions shown thereon, except as may be modified by the Planning
Board or governing body, as provided by law.
D.
Utility improvements.
(1)
The Affordable Housing Zone shall be served by a centralized water
and sanitary sewerage system, as defined herein.
(2)
All utility improvements, including storm drainage systems, sanitary
sewage collection and disposal and water supply systems, shall be
in accordance with standards and procedures as established by local,
county and state regulations. Said improvements shall be subject to
review and approval by the New Jersey Department of Environmental
Protection, as well as appropriate county and state agencies, where
applicable. Water supply facilities shall be subject to review and
approval by the Township Engineer, Fire Department and United Water
Resources.
(3)
Electric, gas, telephone and cable television service shall
be provided by the developer in concert with the appropriate public
utilities providing such service. Said service shall be provided as
part of an underground system.
(4)
If such underground facilities cannot reasonably be provided
due to topographic or geological conditions of the land due to technical
circumstances and if the landowner shall adequately demonstrate the
lack of feasibility of such an undertaking to the satisfaction of
the Board of Public Utilities, a waiver of this requirement may be
granted by the Planning Board.
E.
Off-street parking requirements.
(1)
Within the Affordable Housing Zone, all parking shall comply with
the Residential Site Improvement Standards of the State of New Jersey.
(2)
Each single-family dwelling, townhouse, duplex, triplex, quadruplex
or patio house or apartment shall minimally provide one enclosed parking
space for each two dwelling units. Said enclosed parking spaces may
include parking spaces within the apartment, as a part of separate
garage space, parking garage space beneath the building or as a part
of a parking deck.
(3)
Each parking space shall be provided at a width of nine feet and
a length of 18 feet, except as provided for handicapped persons.
(4)
Parking for handicapped persons shall be provided with a minimum
width of 12 feet and a length of 20 feet.
(5)
Aisle width for all ninety-degree parking shall be 24 feet wide.
(6)
Off-street parking shall be suitably landscaped, screened, lighted
and conveniently located to the housing to be served. Parking will
also be suitably graded and improved and provided with adequate drainage
facilities.
(7)
Parking shall be no closer than five feet to a residential building.
G.
Buffer.
(1)
A minimum fifteen-foot buffer shall be maintained along all external
lot lines, except that portion fronting on an existing street. The
buffer shall be maintained in its natural state. Where natural vegetation
is sparse or nonexistent, the landowner shall be required to provide
a year-round visual screen.
(2)
No use or structure, including parking or loading, sewer easements
or retention or detention drainage facilities, shall be permitted
within the required buffer area.
(3)
Driveway access or subsurface utilities may be permitted through
a mandatory buffer only when they extend perpendicular to the mandatory
buffer.
[1]
Editor's Note: Ordinance No. 832-01, adopted
8-15-2001, changed the dwelling unit distribution and district designation
for certain lots within this district. A full copy of this ordinance
is on file in the Township offices.
[Added 7-24-2019 by Ord.
No. 1144-19; amended 3-25-2020 by Ord. No. 1156-20]
A.
Purpose. The Affordable Housing Overlay-1 Zone (AHO-1) is to establish
an area for capturing the Township's unmet need from its Third Round
Fair Share Affordable Housing obligations, in conformance with the
requirements of the New Jersey Fair Housing Act of 1985.
B.
Applicability.
(1)
The AHO-1 shall be applied to the lands on the Rochelle Park
Tax Map known as:
Block
|
Lot(s)
|
---|---|
80.01
|
1
|
87
|
32, 37, 39, 53, 1.01, 1.02, 1.03
|
88
|
1, 1.02, 5, 15
|
89
|
22, 28
|
90
|
1, 2, 3, 4, 5
|
91.01
|
3, 4, 5, 6, 7
|
91.02
|
1, 2, 3, 4, 5, 6, 7
|
94
|
1, 4, 7, 8, 9, 10
|
95
|
6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18
|
(2)
The Official Zoning Map of the Township of Rochelle Park is
hereby amended in accordance with the foregoing and is further incorporated
by reference.
C.
Dwelling units.
(1)
Residential density. The maximum permitted residential density
shall be 20 units per acre, exclusive of areas designated as flood
hazard areas, wetlands, wetland buffer areas, and steep sloping lands.
(2)
Mandatory set-aside. A 20% affordable set-aside is required
for developments that result in for-sale units. A 15% affordable set-aside
is required for developments that result in for-rent units.
(3)
Tract location. Affordable housing units shall be situated on
the development tract in locations no less desirable than market-priced
dwelling units within the development and shall be equally accessible
to common open space, community facilities and shopping facilities.
D.
Compliance with other regulations and ordinances.
(1)
Nothing in this section shall be construed to prohibit any use
permitted by the underlying zoning districts. The area and bulk standards
of each underlying zone district shall remain in full force and effect
unless in conflict with this section.
[Added 7-24-2019 by Ord.
No. 1144-19; amended 3-25-2020 by Ord. No. 1156-20]
A.
Purpose. The Affordable Housing Overlay- 2 Zone (AHO-2) seeks to
provide an opportunity to develop affordable housing to meet the Township's
low-and moderate-income housing needs. Nothing in this section shall
be construed to prohibit any use permitted by the underlying zoning
districts.
B.
Applicability.
(1)
The AHO-2 shall be applied to the lands on the Rochelle Park
Tax Map known as:
Block
|
Lot(s)
|
---|---|
24.02
|
34, 39.03, 40.01, 40.02, 41.01
|
25.01
|
1, 2, 3, 4, 5, 6, 7.01, 8, 9, 10
|
(2)
The Official Zoning Map of the Township of Rochelle Park is
hereby amended in accordance with the foregoing and is further incorporated
by reference.
C.
Dwelling units.
(1)
Residential density. The maximum permitted residential density
shall be 20 units per acre, exclusive of areas designated as flood
hazard areas, wetlands, wetland buffer areas. Flood hazard areas shall
be subject to the same standards as all other developments.
(2)
Mandatory set-aside. A 20% affordable set-aside is required
for developments that result in for-sale units. A 15% affordable set-aside
is required for developments that result in for-rent units.
(3)
Tract location. Affordable housing units shall be situated on
the development tract in locations no less desirable than market-priced
dwelling units within the development and shall be equally accessible
to common open space, community facilities and shopping facilities.
A.
All housing in the Senior Citizen Accommodation District
shall be developed in accordance with the following:
(1)
The maximum number of dwelling units shall be 90 units.
Of these, a maximum of 25 units will be two-bedroom units.
(2)
A minimum of nine low- and moderate-income units (four
low-income and five moderate-income) must be provided. The developer
shall have the right to transfer via a regional contribution agreement,
at its own expense, as many as six units (three low-income and three
moderate-income) to a receiving municipality subject to approval of
the court.
(3)
The construction of low- and moderate-income units
shall be the responsibility of the developer.
(4)
Of the low- and moderate-income units, it shall be
the developer's obligation to provide at least 4% of the housing units
for occupancy by handicapped persons.
(5)
At least 60% of the development shall be open space.
This can include buffer areas, dedicated parklands and conservation
easements.
(6)
Open space shall be owned and maintained by the property
owner in accordance with the provisions of N.J.S.A. 40:55D-43.
B.
Street requirements; utilities; parking; environment.
Street requirements in the Senior Citizen Accommodation District shall
be in compliance with the following requirements:
(1)
The right-of-way and pavement widths of all internal
streets, roads and vehicular traveled ways shall be determined from
sound planning and engineering standards in conformity with the estimated
needs of the full proposed development and the traffic to be generated
thereby. They shall be adequate in size, location and design to accommodate
the maximum traffic, parking and loading needs and access for fire-fighting,
police vehicles and other emergency services.
(2)
All private internal residential roads and streets
shall contain a minimum pavement width of 24 feet for two-way streets
and 20 feet for one-way streets. Collector roadways shall minimally
contain a pavement width of 30 feet. All public streets shall minimally
meet the Township of Rochelle Park design standards for streets.
(3)
All streets and roads, either dedicated public streets
or privately owned and maintained, or any combination thereof, shall
be subject to the laws of the Township of Rochelle Park as to the
construction of the same.
(4)
Where an Official Map or Master Plan, or both, have
been adopted, the proposed street system shall conform to the proposals
and conditions shown thereon, except as may be modified by the Planning
Board or governing body, as provided by law.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
C.
Utility improvements.
(1)
The district shall be served by a centralized water
and sanitary sewerage system, as defined herein.
(2)
All utility improvements, including storm drainage
systems, sanitary sewage collection and disposal and water supply
systems, shall be in accordance with standards and procedures as established
by local, county and state regulations. Said improvements shall be
subject to review and approval by the New Jersey Department of Environmental
Protection, as well as appropriate county and state agencies, where
applicable. Water supply facilities shall be subject to review and
approval by the Township Engineer, Fire Department and United Water
Resources.
(3)
Electric, gas, telephone and cable television service
shall be provided by the developer in concert with the appropriate
public utilities providing such service. Said service shall be provided
as part of an underground system.
(4)
If such underground facilities cannot reasonably be
provided due to topographic or geological conditions of the land due
to technical circumstances and if the landowners shall adequately
demonstrate the lack of feasibility of such an undertaking to the
satisfaction of the Board of Public Utilities, a waiver of this requirement
may be granted by the Planning Board.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
D.
Off-street parking requirements.
(1)
Within the Senior Citizen Accommodation Zone, there
shall be a minimum of one parking space for every two dwelling units.
In addition, there shall be a minimum of 10 spaces for visitor parking.
(2)
Parking shall be provided on-site or on a contiguous
site, provided that an access agreement and license for such parking
is granted. The agreement and license shall run in perpetuity for
as long as the facility relies on such parking. The agreement and
license shall be recorded. Access to contiguous sites for vehicular
or pedestrian traffic may be provided via easements, provided that
they run in perpetuity and remain in effect as long as the property
is used for Senior Citizen Accommodation District purposes and further
provided that such documents are in recordable form. Adjacent and
contiguous properties may be used to satisfy parking, access and roadway
requirements, provided that such agreements are in the form set forth
above.
(3)
Except where parking is provided within the residential
structure, no general parking area shall be located closer than five
feet to a residential building.
(4)
Each parking space shall minimally be provided at
a width of nine feet and a length of 18 feet.
(5)
Aisle width for all ninety-degree parking shall minimally
be 24 feet wide.
(6)
Said parking will be suitably landscaped, screened,
lighted and conveniently located to the housing to be served. Said
parking will also be suitably graded and improved and provided with
adequate drainage facilities.
A.
Dwelling units; distribution.
(1)
The maximum permitted residential density shall be
30 units per acre, exclusive of areas designated as flood hazard areas,
wetlands, wetland transition areas and steep sloping lands.
(2)
Single-family detached dwellings shall meet all of
the area, yard and bulk requirements of the Residential District.
(3)
All business uses permitted in the Business A District
shall comply with the area, yard and bulk regulations of that district.
B.
Distances between buildings; length of buildings.
In the Senior Citizen Housing Zone, where dwelling units are not being
subdivided into individual lots, the following shall apply:
C.
Open space. At least 20% of the total land area in
a Senior Citizen Housing Zone shall be designed for and devoted to
open space. In computing such twenty-percent requirement, common recreation
areas accessory to the residential use and required buffer areas shall
be included. Open space, as provided herein, shall be owned and maintained
by the property owner in accordance with the provisions of N.J.S.A.
40:55D-43.
D.
Street requirements in the Senior Citizen Housing
Zone shall be in compliance with the following requirements:
(1)
The right-of-way and pavement widths of all internal
streets, roads and vehicular traveled ways shall be determined from
sound planning and engineering standards in conformity with the estimated
needs of the full proposed development and the traffic to be generated
thereby. They shall be adequate in size, loading and design to accommodate
the maximum traffic, parking and loading needs and access for fire-fighting,
police vehicles and other emergency services.
(2)
All private internal residential roads and streets
shall contain a minimum pavement width of 24 feet for two-way streets
and 20 feet for one-way streets. Collector roadways shall minimally
contain a pavement width of 30 feet. All public streets shall minimally
meet the Township of Rochelle Park street standards.
(3)
All streets and roads, either dedicated public streets
or privately owned and maintained or any combination thereof, shall
be subject to the laws of the Township of Rochelle Park as to the
construction of the roadway.
(4)
Where an Official Map or Master Plan, or both, have
been adopted, the proposed street system shall conform to the proposals
and conditions shown thereon, except as may be modified by the Planning
Board or governing body, as provided by law.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
E.
Utility improvements.
(1)
Senior citizen housing shall be served by a centralized
water and sanitary sewerage system, as defined herein. All utility
improvements, including storm drainage systems, sanitary sewage collection
and disposal and water supply systems, shall be in accordance with
standards and procedures as established by local, county and state
regulations. Said improvements shall be subject to review and approval
by the New Jersey Department of Environmental Protection, as well
as appropriate county and state agencies, where applicable. Water
supply facilities shall be subject to review and approval by the Township
Engineer, Fire Department and United Water Resources.
(2)
Electric, gas, telephone and cable television service
shall be provided by the developer in concert with the appropriate
public utilities providing such service. Said service shall be provided
as part of an underground system.
F.
Off-street parking requirements in the Senior Citizen
Housing Zone.
(1)
Within the Senior Citizen Housing Zone, a minimum
of one parking space shall be provided for each senior citizen dwelling
unit unless the Planning Board finds that less than one space per
unit is adequate.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
(2)
Each parking space shall be provided at a width of
10 feet and a length of 18 feet.
(3)
Parking for handicapped persons shall comply with
ADA requirements.
(4)
Aisle width for all ninety-degree parking shall minimally
be 24 feet wide.
(5)
Said parking will be suitably landscaped, screened,
lighted and conveniently located to the housing to be served. Said
parking will also be suitably graded and improved and provided with
adequate drainage facilities.
(6)
Except where parking is provided within or beneath
the residential structure or upon a deck facility, no general parking
area shall be located closer than five feet to a residential building.
G.
Emergency facilities and access in the Senior Citizen
Housing Zone.
H.
Environmental standards in the Senior Citizen Housing
Zone.
(1)
Buffer area.
(a)
The applicant shall provide and maintain a buffer
zone, which shall be no less than 25 feet in width, from all external
lot lines of the site, except for that portion which fronts upon an
existing external street or roadway. Such buffer zone shall be kept
in its natural state where wooded. When natural vegetation is sparse
or nonexistent, the landowner shall be required to provide a year-round
visual screen, as determined by the Planning Board.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
(b)
No use or structure, including parking or loading
areas, sewer easements or retention or detention drainage facilities
shall be permitted within the required buffer area.
(c)
Driveway access or subsurface utilities may
be permitted through a mandatory buffer only where said driveway or
underground utility extends perpendicular to the mandatory buffer.
(2)
Wetland areas. Except as permitted by the New Jersey
Department of Environmental Protection, no development or soil disturbance
shall be permitted within any area classified as a wetland area or
a wetland buffer area.
(3)
Flood hazard designation.
(a)
Except as permitted by New Jersey Department
of Environmental Protection regulations, no principal use of any site,
including housing, shall be permitted within the flood hazard area.
The flood hazard area shall be determined by the New Jersey Department
of Environmental Protection or the Federal Emergency Management Agency
(FEMA) map, where applicable.
(b)
Recreation use shall be permitted within the
flood hazard area, subject to Township Engineer and NJDEP approval,
where applicable.
[1]
Editor's Note: Ordinance No. 832, adopted
8-15-2001, changed the dwelling unit distribution and district designation
for certain lots within this district. A full copy of this ordinance
is on file in the Township offices.