Rochelle Park City Zoning Code
ARTICLE XI
Zoning Provisions
§ 185-98 Zoning districts.
For the purpose of this chapter, the Township of Rochelle Park is hereby divided into twelve zone districts as follows:
Residential District Business A District Business B District Business C District Business Overlay BA 1 Industrial A District Industrial B District Garden Apartment District AH Affordable Housing District SCA Senior Citizen Accommodation District SCH Senior Citizen Housing District NB Neighborhood Business District |
§ 185-99 Zoning Map.
A.
The location and boundaries of said districts are hereby established on the Zoning Map of the Township of Rochelle Park revised by Burgis Associates, Inc., in December 1999, as amended or supplemented, which hereby is made a part of this chapter.
B.
Said map or maps and all notations, reference and designations shown thereon shall be, as such, a part of this chapter as if the same were fully described and set forth herein.
§ 185-100 Interpretation of district boundaries.
A.
Zoning district boundary lines are intended to follow lot lines, railroad rights-of-way, streams and street center lines unless otherwise indicated by dimensions on the Zoning Map. Any disputed zoning district line shall be determined by the Board of Adjustment.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11]
B.
Where a street or public way serves as the zoning district line and it is lawfully vacated, the former center line shall be the zoning district line, unless the zone line is specifically changed by ordinance.
§ 185-101 Schedule of Regulations.
The area and bulk regulations which control development in each district are set forth in the attached Schedule A, which is supplemented by other sections of this chapter.[1]
[1]
Editor's Note: Said Schedule A, Area and Bulk Regulations, is included at the end of this chapter.
§ 185-102 Application of regulations.
A.
No building shall be erected, moved, altered, constructed, reconstructed or enlarged except as specified in this chapter, nor shall any land or building be used for any purpose or in any manner, except in conformity with all the regulations, requirements and/or restrictions specified in this chapter for the district in which such building or land is located.
B.
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection and promotion of the public health, safety, morals and general welfare.
§ 185-103 General provisions.
A.
Prohibited uses. All uses not expressly permitted in each zone district are prohibited. The following uses are specifically prohibited within all districts of the Township:
(1)
A pool parlor or a billiard parlor.
(2)
A dance hall. The term "dance hall," as used herein, shall be deemed to include any dance hall, room or facility to which the general public is invited for the purpose of dancing or for which a general admission charge is made or a charge for dancing is made by the owner or operator or a nightclub or other place of entertainment, including discotheques and disc jockeys, which has a primary purpose of dancing and entertainment; provided, however, that this section shall not be deemed to prohibit a dance floor facility incidental to a restaurant business, for use by the patrons of such restaurant; nor shall this section be deemed to prohibit the renting of facilities, including a dance facility, for use by a bona fide social, civic, eleemosynary, religious or political group for use by the members of such group or their guests.
(3)
Drive-in restaurants or refreshment stands, commonly called "snack bars, hamburger stands or hot dog stands," where customers are served food, soft drinks, ice cream and/or similar confections for their immediate consumption at counters, stools or bars outside the confines of the building or structure in which the business is conducted or for consumption in automobiles parked upon the premises, whether brought to said automobiles by the customers or patrons or by waiters or waitresses employed by the operator. The above shall not be construed to prohibit the operation of refreshment stands at parks, beach clubs, swimming clubs, athletic fields or other similar recreation areas or the temporary operation of refreshment stands at properly licensed circuses, bazaars and other social functions.
(4)
Trailer camps, tourist house or tourist lodge or hotels; dog or animal kennel.
(5)
The slaughtering of animals or fowl or the manufacture, processing or conversion of any commodity of which the principal ingredient is refuse animal matter.
(6)
The manufacturing, processing, fabricating or mixing of acids, chemicals, perfumes, ammonia, caustic soda; cellulose, celluloid; cement, sand, gravel, stone, concrete, talc, limestone; chlorine; cleaning;, bleaching and washing compounds; coal tar distillates, coke, cottonseed products, creosote or creosoted products; fertilizer; fireworks; acetylene gas; glue; gunpowder or other explosives; glucose; insecticides; lime; linoleum; matches; oilcloth; oil or petroleum products, paint, paper pulp; potash, sulfur products; varnish; vinegar; wall plaster; wood distillates or yeast; abrasives; shoeblack; soap, starch and stove polish or similar items.
(7)
Foundries and smeltering plants.
(8)
The incineration, reduction, storage or dumping of animal matter, garbage, offal, junk or other waste matter except by the Township of Rochelle Park.
(9)
Any industry, trade or use that is obnoxious, offensive or dangerous by reason of the emission of odor, dust, smoke, gas or noise.
(10)
Heliports and helistops.
(11)
Mobile homes.
(12)
Car washes, other than hand wash.
[Added 3-17-2004 by Ord. No. 904-04]
(13)
Movie theaters.
[Added 3-17-2004 by Ord. No. 904-04]
(14)
Monopole cell towers.
[Added 3-17-2004 by Ord. No. 904-04]
(16)
No land or building in any zoning district within the Township of Rochelle Park shall be used or shall be allowed to be used as any classes of commercial recreational cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16.[1] This prohibition shall not apply to medical marijuana facilities operating in the BA-1 overlay zone in accordance with the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6I-1.
[Added 6-23-2021 by Ord. No. 1175-21]
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
B.
Existing uses. Except as otherwise specified for nonconforming uses, structures, sites or lots, any use, building or structure existing at the time of the enactment of this chapter may be continued, even though such use, building or structure may not conform to the provisions of this chapter for the district in which it is located.
C.
Height exceptions.
[Amended 5-8-2024 by Ord. No. 1199-24]
(1)
Chimneys and antennas extending from a roof line may exceed the height limitations of this chapter by no more than 10 feet.
(2)
For all residential properties found within the special flood hazard area of the floodplain as identified in the Floodplain Overlay, building height shall be measured from the base flood elevation (BFE), plus required freeboard, in lieu of measuring from the finished grade, so long as the property is elevated strictly for flood protection and no living space is below the base flood elevation. Where no BFE is available ("A" Zones on FIRM maps), the referenced height shall be determined by the Township Construction Official.
D.
Required area. The area or dimension of any lot, yard or other space shall not be reduced to less than the minimum required by this chapter, and if already existing at less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
E.
Off-street parking. All off-street parking and loading shall be located on the lot on which the principal use is located.
F.
The following regulations pertain to the parking of commercial vehicles:
(1)
No more than one commercial vehicle shall be permitted on any residential property in the Township. A commercial vehicle is any open truck or closed-van-type of vehicle owned and operated by a resident for commercial purposes (irrespective of license registration), with a gross vehicle weight of 9,200 pounds, with a height not exceeding seven feet and/or a length not in excess of 22 feet. The term "van" shall not apply to a van-type vehicle used for recreation, travel or a passenger vehicle.
(2)
A commercial vehicle shall not be permitted to have exposed construction materials while parked on residential property but, rather, shall be covered at all times. Construction trailers or trailers containing construction equipment are specifically prohibited on any residential property in the Township.
[Amended 3-17-2004 by Ord. No. 904-04]
(3)
The owner or operator of a commercial vehicle who intends to park the same on residential property shall register the vehicle with the Township Police Department.
(4)
Commercial vehicles stored on residential properties shall not exceed capacity of 1 1/2 tons or measure more than seven feet high or more than 22 feet long or have more than four wheels. This provision shall not apply to recreational vehicles as defined herein. A vehicle may be deemed to be a commercial vehicle within this prohibition regardless of registration.
[Added 3-17-2004 by Ord. No. 904-04]
(5)
Commercial vehicles of any kind may not be parked or stored within the front yard setback of any commercial property from the hours of 11:00 p.m. until 6:00 a.m. This restriction shall not apply to automobile dealerships, car rental premises or car rental businesses as the inventory or purpose of such businesses involves automobiles and the storage and sale of same.
[Added 6-15-2011 by Ord. No. 1032-11]
G.
Regulations for parking of boats, trailers and boat trailers.
(1) CAMPER RECREATIONAL VEHICLE TRAILER BOAT
The following definitions shall apply to this section:
A vehicle such as a small trailer or pop-up vehicle or a trailer-like room attached to the bed of a car or pickup truck fitted out for camping with bunks, stoves and other facilities.
A vehicle which is built on a single chassis; has 400 square feet or less when measured at the longest horizontal projections; is designed to be self-propelled or permanently towable by a light-duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
A vehicle which is used or intended for use as conveyance upon the public streets or highways with or without motor power, designed for carrying persons or property and for being drawn by a motor vehicle and having no foundation other than wheels, jacks or other mechanism so arranged to be integral with or portable. It is the intent of the definition to apply to those vehicles involved in recreational uses.
A small, open vessel or watercraft commonly known as a "motorboat, a sailboat or a rowboat."
(2)
No camper, recreational vehicle, boat, trailer or boat trailer, referred to herein as "vehicles," may be parked or stored within the Township of Rochelle Park if the total length of the vehicle, which in the case of a boat includes the trailer upon which it rests, exceeds 28 feet in length and/or 12 feet in height.
(3)
No person shall park or store any camper, recreational vehicle, boat, trailer or boat trailer on any lot or tract of land, whether occupied or unoccupied, except that the camper, recreational vehicle, boat or boat trailer may be parked or stored by the owner or occupant thereof behind their dwelling, in the rear yard of the premises, provided that the camper, recreational vehicle, boat, trailer or boat trailer may not be stored in any area of the premises in front of the rear building line of the dwelling. The storage of any camper, recreational vehicle, boat, trailer or boat trailer shall comply with the provisions of this chapter which require a side yard of five feet and a rear yard of 10 feet. Should such vehicle be visible from the street, it shall be necessary for the owner or occupant to provide screening to prevent visual observation of the vehicle from the street.
(4)
Storage or repairs.
(a)
A trailer may be temporarily parked or stored in the open in connection with:
[1]
A public health program sponsored by the Township Board of Health or other public health agency;
[2]
A program sponsored by any public board or agency of the Township or Board of Education;
[3]
A public or private construction project;
[4]
A carnival or other affair or function authorized by the Township Committee.
(b)
A camper, recreational vehicle, boat, trailer or boat trailer may be parked in the driveway for a period not to exceed 24 hours for purposes of loading, unloading, for emergency purposes or for repairs upon notification of the Police Department. The owner or occupant shall be allowed two twenty-four-hour periods for every 30 days.
(5)
Screening or enclosures. Campers, recreational vehicles, boats or trailers shall be either parked in an enclosed garage or, if in the rear yard or side yard where the vehicle is subject to view from the street, then screening shall not be less than six feet in height and shall consist of either a trellis, latticework, decorative block, basketweave fencing, open artistic block, shrubbery or other similar material approved by the Zoning Officer. The size of the screening area shall be limited to the size of the vehicle to be screened.
(6)
Restrictions.
(a)
Not more than one camper, recreational vehicle, boat or trailer may be parked or stored on any premise used for residential purposes.
(b)
No camper, recreational vehicle, boat or trailer parked or stored upon any premises used for residential purposes shall be used for any type of commercial or business use.
(c)
No camper, recreational vehicle, boat or trailer parked or shall be occupied or used for human habitation while parked or stored within the Township.
(d)
No camper, recreational vehicle, boat or trailer parked or stored within the Township shall have fixed connectors to electricity, water, gas or sanitary sewer system.
(e)
No camper, recreational vehicle, boat or trailer will be allowed to be parked within the Township on any premises unless the vehicle is owned by the resident owner of the premises or a lawful tenant in the premises upon which it is parked.
(f)
In emergency situations, where a residence becomes inhabitable, the Township Committee shall have the authority to waive the requirements of this section for a period of time to be determined by the governing body.
(g)
Should the premises on which the owner or occupant wish to park a boat, trailer or recreational vehicle be a corner lot, then the front yard shall be considered the street on which the front entrance to the premises is located. In such case, the vehicle must be located in an area not visible to either street or if visible, it shall be covered with the appropriate screening.
(7)
Penalties. Any person violating the terms of this section shall be subject to a fine not to exceed $250 for the first offense and a fine in the amount of $500 for any subsequent violations. This section will be enforced by the Township Zoning Officer.
H.
No more than one principal building is permitted on a lot, except in the affordable housing district.
I.
Where a nonresidential zone adjoins a residential zone, nonresidential buildings or structures shall be prohibited from having an exterior wall with an opening or loading area that is located within 25 feet of the residential zone, except for emergency doors.
J.
No outdoor storage of property or material shall be permitted in any zone district. All storage of materials and goods to be used or sold in connection with a business must be inside a building. Temporary placement of materials and goods for sale on the sidewalk shall be allowed between sunup and sundown on the sidewalk immediately in front of the business. There shall be no obstruction of the passage of the general public across the sidewalk. The temporary display must be removed daily at sundown.
K.
Variances.
(1)
In all cases where variances are granted from this chapter for one-family dwellings, the successful applicant shall be required to make application for a building permit in conformity with the terms of the variance as granted within six months from the effective date of the grant of the variance. The applicant shall be required to complete construction of the dwelling within one year following issuance of the building permit. The approving board may extend the six-month provision referenced above for good cause shown for additional periods of one year each, provided that in no event shall said extensions be renewed beyond a period of three years in the aggregate.
(2)
In cases involving nonresidential uses and multifamily residential development, the applicant is required to make application for a building permit in conformity with the terms of the variance as granted within one year from the effective date of the approving authority approval. The applicant shall be required to complete construction of the building(s) within one year following the issuance of the building permit. Extensions shall be permitted, as provided for in the Subsection K(1) above.
L.
Rooftop air-conditioning units or equipment must be appropriately screened from view from street level.
[Added 3-17-2004 by Ord. No. 904-04]
M.
Garbage or recycling dumpsters and containers shall be appropriately screened from view from street level. The screening must include enclosures on all four sides and shall be of such construction that will shield the dumpster or container from view from all sides.
[Added 6-15-2011 by Ord. No. 1034-11]
§ 185-104 Zoning permits and certificates of occupancy.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11; 7-27-2022 by Ord. No. 2022-013; 8-28-2024 by Ord. No. 1211-24]
Prior to the commencement of a use, change of use or change of occupancy and prior to the erection, construction, reconstruction, alteration, conversion, relocation or installation of a building or structure, a zoning permit shall be obtained from the Construction Official. The following provisions shall apply to the issuance of zoning permits:
A.
Zoning permits. If no construction permit shall have been issued previously, no land shall be occupied or used in whole or in part for any purpose whatsoever unless and until a zoning permit shall have been issued by the Construction Official.
(1)
A zoning permit shall be required for the use of any premises which do not contain a building.
(2)
Whenever there shall be a change contemplated in the use of any premises which does not have a building upon it, a new zoning permit shall be required.
(3)
The Construction Official shall issue or deny a zoning permit within seven days of the application, unless site plan approval is required, in which case he shall issue a zoning permit within seven days of the resolution of site plan approval.
B.
Certificates of compliance. No building or structure hereafter erected, altered or which the occupancy, use or tenancy shall have been changed, including a change from one permitted use to another permitted use and/or any change in tenancy for nonresidential use or in nonresidential districts shall be occupied or used in whole or in part for any purpose whatsoever unless and until the said occupancy or change complies with the requirements of § 185-42B(3). In addition, the following provisions shall apply:
(1)
Temporary certificates of compliance shall not be issued by the Construction Official without first receiving approval from the Township Engineer, who shall ascertain the adequacy of required improvements installed to protect the general welfare of the public.
(2)
The Construction Official shall issue or deny a certificate of compliance within 10 days of the application, unless site plan approval is required, in which case he shall issue the certificate of compliance within 10 days of the date of the resolution of site plan approval.
C.
Prerequisite for issuance of zoning permits and certificates of compliance. No zoning permit or certificate of compliance shall be issued by the Construction Official until he has ascertained that all of the requirements of this chapter and any other applicable Township or state regulations and ordinances, Board of Adjustment decisions, necessary resolutions of the Township Committee and a site plan as approved by the Planning Board have been and are fully complied with. All improvements shown on any site plan shall have been installed on the premises in question before any zoning permit or certificate of compliance, as the case may be, shall be issued.
D.
Terms and conditions of zoning permits and certificates of compliance. A zoning permit or certificate of compliance shall specify the use of the land and/or building(s) and any terms or conditions imposed thereunder, including but not limited to the number of employees, required parking spaces and traffic impact. Any change in use, including a change from one permitted use in the same district as well as any change in tenancy for other than a single-family detached, single-family attached or multifamily dwelling shall be treated as a new use and a new zoning permit or certificate of compliance, as the case may be, shall be required. The Planning Board shall review any change of use in the nonresidential districts prior to the issuance of a zoning permit or certificate of compliance. Before any zoning permit or certificate of compliance shall be issued for any such change in use, all provisions of this chapter shall be complied with in the same manner as if the new use were an initial use of the land or a new structure or building.
E.
Records. It shall be the duty of the Construction Official and the Zoning Officer, respectively, to keep records of all applications for construction permits, certificates of compliance or zoning permits and of all such permits and certificates issued, together with a notation of all special terms or conditions imposed thereunder. Each shall be responsible for the filing and safekeeping of all plans and specifications submitted with any application and the same shall form a part of the records in the office and shall be available to all officials of the Township of Rochelle Park. Copies of any permits or certificates shall be furnished upon request to any person who shall have a right thereto by law.