Rockaway City Zoning Code
ARTICLE XVII
Zoning, Parking and Loading Standards
§ 172-114 Off-street automobile parking requirements.
A.
Administration of standards.
(3)
When a use is not permitted in a district, the greatest minimum parking requirement for that use in any district shall apply. If a use is not permitted in any district, the minimum parking requirement shall be determined by the Land Use Board based on standards for similar uses, ITE standards, and testimony from the applicant.
(4)
Fractional spaces. For the purpose of this section, whenever calculations result in a fractional number, fractions shall be carried forward in summation, and the total sum rounded to the nearest whole number.
B.
The following tables determine the parking standards (minimum/maximum) applicable to a property based on use(s) on the property and the property's zoning designation. Where only one numeric value is provided, such value shall be a minimum parking requirement.
(1)
B-C Zone District and Downtown Redevelopment Area (adopted via Ordinance No. 19-22,[1] which may be amended from time-to-time):
Use | Min./Max. Requirement |
|---|---|
Residential (per unit) | |
Redevelopment Plan Subdistrict I and B-C Zone | 1/2 |
Redevelopment Plan Subdistrict II | 1.5/2.5 |
Government/civic/institutional (per 1,000 GFA) | 1/3 |
Business/office/professional (per 1,000 GFA) | |
General and professional offices | 3/5 |
Business services | 3/5 |
Medical office | 4/6 |
All other business/office/professional | 3/5 |
Commercial | |
Restaurants (full-service), bars, taverns or brewpubs (per 3 seats) | 1 (min.) |
Restaurants (cafe and carryout) (per 1,000 GFA) | 10/20 |
Hotels (per room) | 1.5/2 |
Grocery (per 1,000 GFA) | 3/5 |
Theaters (per 1 seat) | 0.5/1.5 |
All other commercial uses (per 1,000 GFA) | 2.5/3.5 |
[1]
Editor's Note: Ord. No. 19-22 is on file in the Borough offices.
(2)
All other zone districts. Except where otherwise specified, parking requirements below are minimum required parking spaces as measured in parking spaces per 1,000 square feet (SF) total floor area (TFA):
(a)
Artisan industrial spaces and artist studios: 2.
(b)
Animal hospitals: 4.5.
(c)
Banks and financial offices: 3.
(d)
Breweries and distilleries: 25.
(e)
Cannabis retailers: 7.
(f)
Clubs, lodges and fraternal, civic and charitable organizations: See institutional uses.
(g)
Community residences and shelters: See residential.
(h)
Funeral homes (per seat): 0.33.
(i)
High-tech industrial, scientific/technological/research facilities: 2.5.
(j)
Home occupations: residential requirement + 1 space per nonresident employee.
(k)
Hotels and motor inns: 1 per room + requirement of square footage of associated ancillary use.
(l)
Houses of worship (per seat or five square feet of sanctuary space if seating is not used in worship): 0.25, where the H-C District shall be 0.33.
(m)
Indoor commercial recreation: 5.
(n)
Institutional uses: 2, where the H-C, GLI and HTLI Districts shall be 2.5.
(o)
Light manufacturing, assembly, and packaging: 1.
(p)
Motor vehicle sales: 3.
(q)
Nursery schools and child-care centers: 2.5, where the H-C District shall be 3.
(r)
Office medical, clinics, laboratories: 4, where the H-C District shall be 4.5.
(s)
Office professional: 3, where the H-C and GLI Districts shall be 3.5.
(t)
Pet care establishments: see retail sales and service.
(v)
Public garages and gasoline service stations: 5.
(w)
Residential (per unit): 1.5, where the R-1, R-1A, R-2, R-3 Districts shall be 2.
[1]
See § 172-104.1N for parking requirements for senior housing apartments.
[2]
Any exceptions to N.J.A.C. 5:21-4.14 should be adjudicated under such process as relevant at the time of application.
(x)
Restaurants, cafes, and taverns (per seat): 0.33, where the H-C District shall be 0.4.
(y)
Retail sales and retail service: 4, where the H-C District shall be 5.
(z)
Theaters and cinemas (per seat): 0.25.
(aa)
Vocational schools and instruction studios (per student): 1.
(bb)
Warehouses, wholesale distribution centers, data processing storage: 0.5.
C.
Parking exemption. In the case of commercial or mixed-use properties in the B-C, N-C, and O-B Districts, the parking requirements of this schedule shall not apply to a change of permitted use in any existing building or to any new building replacing an existing building and having a gross floor area equal to or smaller than the former building. This exemption shall not apply whatsoever in cases where the floor area of replacement building(s) exceeds the floor area of building(s) to be replaced, or where the new use requires more parking than the prior use, or where the proposed use is not permitted. Conditional uses shall comply with this schedule, and are not permitted to use the parking exemption. This exemption shall not apply in cases where any existing on-site parking is proposed to be removed or was removed within the preceding five years.
D.
Parking location.
(1)
Location of permitted parking areas is detailed in the below table.
Zone | Permitted Yard(s) |
|---|---|
R-1, R-1A, R-2, and R-3 | Front, rear, side |
R-4 | Front*, rear, side |
R-5 | Front*, rear, side |
O-B | Rear |
B-C | Rear |
N-C | Rear |
H-C-1 and H-C-2 | Front, rear, side |
GLI and HT/LI | Rear, side |
AH Overlay Zones | See underlying zone district |
RDV | See redevelopment plan |
* | Single- and two-family properties only. |
E.
Parking setbacks, driveway setbacks and buffers.
(1)
Measurement. Off-street parking facilities shall be located as hereinafter specified in this article. Where a distance is specified, it shall be the distance measured from the nearest point of the parking facility to the nearest point of the related building, structure, or property line.
(2)
Parking area minimum setbacks. One-half of required yard setback, but no less than three feet and no more than 15 feet. Such setback shall apply to surface parking and detached residential garages. Structured parking shall comply with principal structure setbacks within the zone district.
(3)
Where standards in this section conflict with parking/loading landscaping in Chapter 171, the standards in this section shall prevail.
(4)
Driveways shall be set back a minimum of three feet from side or rear lot lines, unless such a driveway is shared by buildings on two adjacent lots on the common lot line and is subject to a cross-access easement. Lots with existing single- and two-family dwellings shall be exempt from this provision.
§ 172-115 Electric vehicle supply equipment.
A.
Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and storm water runoff contaminants. The goals are to:
(1)
Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.
(2)
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
(3)
Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.
(4)
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
B.
Requirements for new installation of EVSE and make-ready parking spaces.
(1)
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection B(1) above shall:
(a)
Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(h)
Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.
C.
Minimum parking requirements.
(1)
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 172-114.
(2)
A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.
§ 172-116 Shared parking.
[Amended 9-11-2025 by Ord. No. 25-20]
A.
B.
Shared parking calculation.
(1)
Establish baseline: determine the minimum and maximum amount of parking required for each individual use, as set forth in § 172-114B.
(2)
Factor in occupancy rates: for each of the six time periods in the table below, multiply the minimum and maximum and parking required for each individual use by the appropriate percentage indicated in the table below.
Use/Use Category | Monday to Friday | Saturday to Sunday | ||||
|---|---|---|---|---|---|---|
8:00 a.m. to 6:00 p.m. | 6:00 p.m. to 12:00 a.m. | 12:00 a.m. to 8:00 a.m. | 8:00 a.m. to 6:00 p.m. | 6:00 p.m. to 12:00 a.m. | 12:00 a.m. to 8:00 a.m. | |
Education/institutional/day-care | 100% | 20% | 5% | 10% | 10% | 5% |
Hotel/motor inn | 70% | 100% | 100% | 70% | 100% | 100% |
Office | 100% | 20% | 5% | 5% | 5% | 5% |
Residential | 80% | 100% | 100% | 80% | 100% | 100% |
Restaurants, cafes, and taverns (including all uses serving alcohol) | 70% | 100% | 10% | 70% | 100% | 20% |
Retail/commercial | 90% | 80% | 5% | 100% | 70% | 5% |
Theater and cinema | 40% | 80% | 10% | 80% | 100% | 10% |
(3)
Add: Sum each of the six columns individually.
(4)
Determine minimum parking requirement, which is the column with the highest sum value.
(5)
Fractional spaces. For the purpose of administering this section, whenever the calculation results in a fractional number, fractions shall be carried forward in summation, and the total sum rounded to the nearest whole number.
C.
Alternative shared parking calculation.
(1)
Instead of the methodology described above in § 172-116B, shared parking calculations may be based upon a widely accepted methodology, such as those published by the Urban Land Institute (ULI), the Institute of Traffic Engineers, or other widely accepted models. If such alternative shared parking models are utilized, shall be substantiated by a study prepared by a licensed professional engineer or recognized parking consultant. Approval of an alternative shared parking calculation shall be at the discretion of the Land Use Board.
(2)
In the event of a change of tenancy with no anticipated increase in parking demand, the Zoning Officer shall have the discretion to waive the requirement for shared parking calculations.
§ 172-117 Payment-in-lieu of parking (PILOP).
A.
Purpose.
(1)
To advance Rockaway Borough's goals of encouraging collaborative and coordinated parking solutions, including consolidating single-user parking facilities into larger, strategically located shared facilities, promoting environmentally friendly methods of reduced impervious coverage, supporting sustainable nonvehicle transportation options, and providing overall provide flexibility to overcome barriers to reinvestment and development.
(2)
Therefore, when the proposed construction and use of any new building or structure or the proposed enlargement or increase in the capacity of new use of any existing building or structure results in practical difficulty or undue hardship in complying with the off-street parking requirements of the Borough Zoning Ordinance, the approving authority, upon finding(s) that such difficulty or undue hardship exists, may permit the applicant to provide a payment-in-lieu of parking (PILOP) to contribute to the Borough's Parking Improvement Program Trust Fund in lieu of providing the total number of parking spaces required by Borough ordinance.
B.
Eligibility and approval.
(1)
Areas eligible for participating in parking improvement program: properties within the following zone districts may be eligible for a payment-in-lieu of parking: B-C, N-C, O-B, and the Downtown Redevelopment Plan Area.
(2)
The contribution and payment of the PILOP, in lieu of providing the required off-street parking spaces, shall only be made at the formal written request of an applicant, who would otherwise be required to install off-street parking based upon the applicant's proposed use, and is unable to do so in accordance with the requirements of the Zoning Ordinance.
(3)
An applicant, when submitting a zoning permit and/or building permit for change of use, building alternations or similar, or submitting an application for review and approval by the Land Use Board, the applicant shall determine the number of off-street parking spaces required to conform to the requirements of the municipal Zoning Ordinance, and then shall establish the number of parking spaces that exist or can be provided on the site. The applicant shall either provide for the minimum number of required parking spaces prescribed in the ordinance, seek variance approval, seek PILOP, or a combination thereof as described below:
(a)
Minor deviation:
[1]
The deviation is considered "minor" if it meets all the requirements below:
[a]
The parking deviation is less than five spaces;
[b]
The building is existing and will remain;
[c]
The existing and proposed use is a permitted use;
[d]
There is no expansion in the building area;
[e]
If no other site plan approvals or variance approvals are required as part of the change of use or alteration; and
[f]
If the new or expanded use requires parking that cannot be accommodated on-site.
[2]
Approval process. The Zoning Officer is authorized to permit some or all of the difference between the parking requirement and the proposed amount of parking to be offset by a PILOP. The applicant must submit a report identifying all conditions in the above subsection is met, with a property survey, floor plan, existing and proposed use information, and calculations for the required, existing, and proposed parking requirements.
(b)
Major deviation:
[1]
A deviation is considered "major" if it does not meet all the requirements above in § 172-117B(3)(a).
[2]
The Land Use Board is authorized to permit at its discretion, as a condition of approval, some or all of the difference between the parking requirement and the proposed amount of parking to be offset by a PILOP.
[3]
A request for a PILOP must be accompanied by a study from a professional engineer or other expert accepted by the Land Use Board demonstrating to the satisfaction of the Land Use Board that the proposed parking strategy will meet the demand of the proposed use or uses without negative impact on traffic or circulation. This should include an overview of existing and proposed traffic, off-site impacts, parking, available public transportation opportunities, non-vehicle modes of access and parking, proposed site traffic based on use, hours of operation, staffing, and customers.
C.
General requirements.
(1)
Parking spaces that are not accounted for by provision of an actual parking space or a PILOP payment will require variance approval. Variances can only be granted pursuant to N.J.S.A. 40-55D-70.c.
(3)
In addition to the per parking space PILOP assessment, the applicant shall pay pursuant to N.J.S.A. 40:55D-3.2 the reasonable fees assessed by the municipality or Land Use Board for review of the developer's application and supporting information as well as preparation of documents necessary to effectuate the purpose of this article, including, but not limited to, zoning reviews, permit processing, attorney review, parking consultant, engineering cost estimates and appraisal services.
(4)
The PILOP shall not relieve the applicant or any users of the parking spaces covered under a PILOP agreement from paying any other required parking fees to the Borough.
D.
Payment of PILOP. Payment by the applicant of the PILOP must be provided in accordance with below:
(1)
For minor deviations, upon the granting of the use permit and/or building permit, and not before the issuance of a CO.
(2)
For major deviations, as part of the resolution compliance process, before submission for building permit or CO.
(3)
The PILOP assessment shall be collected by the Borough's Chief Financial Officer for deposit into the Borough's Parking Improvement Program Trust Fund.
E.
Establishment of parking trust fund. To the extent required by law, the Borough shall apply to the State of New Jersey, Department of Community Affairs, Local Finance Board pursuant to administrative rule, for its approval and establishment of a dedicated and restricted trust fund for deposit of the PILOP fees assessed by the authority pursuant to the parking space variance, as determined by the Land Use Board.
F.
Use of PILOP assessment. The assessed fees collected and deposited into the PIP Trust Fund shall be dedicated to provide for planning, engineering and design; traffic and other feasibility studies; acquisition through purchase or condemnation; erection, construction of or installation of off-street parking facilities, parking structures, or equipment; other associated parking project development costs, and other additional transportation facilities, including, but not limited to, bus shelters, bicycle parking facilities, and alternative transportation facilities. The expenditure of such funds for said purposes shall be made by the Borough in the manner determined by resolution of the Borough to be in the best interests of the Borough. The proceeds of such fund shall not be considered a part of the municipal general fund.
G.
Designation of other areas. The Mayor and Council reserves the right to supplement this article when it has deemed other areas of the Borough are in the need of off-street parking or alterations to the PILOP program are required.
§ 172-118 Off-street loading requirements.
A.
Administration of standards.
(1)
Compliance with site plan. All parking areas shall comply with all site plan requirements Chapter 171. No required parking area shall be encroached upon by storage or any other use.
(2)
Fractional spaces. For the purpose of administering this section, whenever a fractional space is required, fractions shall be carried forward in summation, and the total sum rounded to the nearest whole number.
(3)
Loading types:
(4)
When loading docks are required, a loading dock shall also count as a loading space for the purpose of satisfying off-street loading requirements.
B.
Off-street loading shall be provided according to the below table:
Loading Type | L1 | L2 | L3 |
|---|---|---|---|
Uses | • 5 or more residential units • Artisan industrial spaces and artist studios • Offices • Houses of worship • Nursery schools and child-care centers • Vocational Schools and instruction studios • Institutional uses (all except hospital) | • Breweries and distilleries • Medical offices, clinics and laboratories • Animal hospitals • Funeral homes • Banks and financial • Theaters and cinemas • Banks and financial offices • Retail sales, retail services, and cannabis retailers • Family day-care • Restaurants, cafes, and taverns • Hotels and motor inns • Indoor commercial recreation • Public garages and gasoline service stations • Pet care establishments • Data processing and storage | • Warehouses, wholesale distribution centers • Light manufacturing, assembly, and packaging • High-tech industrial, scientific/technological/research facilities • Institutional use (hospital only) |
Loading spaces* (minimum) | 1, plus 1 additional loading space per each 50,000 square feet total floor area | 1, plus 1 additional loading space per each 20,000 square feet total floor area | 1, plus 1 additional loading space per each 10,000 square feet total floor area |
Loading docks,* (minimum) | None | 0, plus 1 per each 100,000 square feet total floor area | 1, plus 1 per 25,000 square feet total floor area |
* | The first 2 loading space shall be designed to be a tandem space in order to accommodate larger vehicles. |
§ 172-119 Off-street bicycle parking requirements.
A.
Administration of standards.
(1)
Compliance with site plan. All parking areas shall comply with all site plan requirements Chapter 171. No required parking area shall be encroached upon by storage or any other use.
(2)
Fractional spaces. For the purpose of administering this section, whenever a fractional space is required, fractions shall be carried forward in summation, and the total sum rounded to the nearest whole number.
B.
Off-street bicycle parking shall be provided as follows:
Minimum Bicycle Parking Requirements | |
|---|---|
Use | Minimum |
Residential, 5 or more dwelling units | 0.5 space per dwelling unit |
Commercial and office | 1 space per 7,500 square feet, but no less than 2 |
All other uses | 1 space per 10,000 square feet, but no less than 2 |
C.
Bicycle parking location:
(1)
Outdoor bicycle parking spaces shall be located within 50 feet of a primary entrance.
(2)
For nonresidential uses and multifamily uses with five or more dwelling units, indoor residential bicycle parking must be accessible from a building entrance via a step-free route, which may include use of an elevator. Stairways with a guide rail for bicycle wheels or similar ramp are also permitted.