Rockaway City Zoning Code
ARTICLE II
General Provisions and Regulations
§ 172-6 Applicability.
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.
§ 172-7 Provisions applicable to all zones.
Each provision of this article shall apply to all zone districts unless otherwise stated.
§ 172-8 Prohibited uses.
[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.
§ 172-9 Permit application required; conformity to provisions.
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.
§ 172-10 Access to uses.
[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.
§ 172-11 Accessory buildings or structures.
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.
§ 172-12 Conversion of existing structures.
[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.
§ 172-13 Corner lots.
[Amended 11-14-2024 by Ord. No. 24-25]
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 N-C Neighborhood Commercial 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.
§ 172-14 Existing platted lots.
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.
§ 172-15 Fences and retaining walls.
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.
§ 172-16 Planting and fences on street property lines.
No fence, hedge, shrubbery or planting on any lot in any residential zone shall be permitted within three feet from any street sideline.
§ 172-17 Visibility requirements.
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.
§ 172-18 Garages in residential zones.
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.
§ 172-19 Height exceptions.
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.
§ 172-20 Nature and extent of uses of land.
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.
§ 172-21 Institutional uses, municipal uses and public utility facilities.
[Amended 12-21-1998 by Ord. No. 13-98; 11-14-2024 by Ord. No. 24-25]
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, N-C, 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.
§ 172-22 Outdoor storage.
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.
§ 172-23 Projections and encroachments.
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.
§ 172-24 Second principal building on same lot prohibited.
[Amended 9-11-2025 by Ord. No. 25-19]
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. In zoning districts where mixed uses are permitted, the zoning use regulations shall prevail.
§ 172-25 Signs.
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.
§ 172-26 Subdivision of lot.
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.
§ 172-27 Required area or space.
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.
§ 172-28 Yards.
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.
§ 172-29 Public utilities.
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.
§ 172-29.1 Violations and penalties.
[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.