Rockleigh City Zoning Code
ARTICLE III
Classification of Uses
§ 34-6 A ZONE-SINGLE-FAMILY RESIDENTIAL. [1]
[1]
Editor's Note: See also § 34-23, A Zone Regulations.
§ 34-6.1 Permitted Uses.
[1973 Code § 88-6A]
In A Zone no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used in whole or in part for any purpose except the following with its usual accessories:
a.
Single-family detached dwelling used as a residence by not more than one family and accessory buildings thereto.
§ 34-6.2 Accessory Buildings.
[1973 Code § 88-6B]
a.
No accessory building shall be used for residence purposes.
b.
No building to be used as a dwelling shall be constructed or altered in the rear, side or front of a building situated on the same lot. Nor shall any accessory building be constructed in front of, or moved to the front of, a dwelling situated on the same lot.
c.
Swimming Pools. A swimming pool, pool patio, pool decking, and pool walkways are permitted to be constructed on a residential lot without Planning Board review, subject to the following conditions being satisfied:
[Amended 7-12-2021 by Ord. No. 2021-6; 7-6-2022 by Ord. No. 2022-6]
1.
The swimming pool, pool patio, pool decking, and pool walkways shall not be visible from any municipal roadway or right-of-way.
2.
The swimming pool, pool patio, pool decking, and pool walkways shall be considered a structure for coverage in excess of 1,400 square feet in area. The swimming pool, pool patio, pool decking, and pool walkways in excess of 1,400 square feet in area shall be included in the aggregate ground area of all buildings and structures on any lot in the A Zone which in the aggregate shall not exceed 5% of the lot.
3.
The swimming pool, pool patio, pool decking, and pool walkways up to 1,400 square feet in area shall not be included in the aggregate ground area for buildings and structures, subject to the condition set forth in paragraph c5.
4.
The pool decking and patio must be contiguous to the in-ground pool to be included within the 1,400 square foot exclusion for the swimming pool, pool patio, and pool decking.
5.
The swimming pool, pool patio, pool decking, and pool walkways shall satisfy all other A Zone bulk requirements not specifically listed in this subsection including but not limited to accessory structure setbacks.
6.
The swimming pool, pool patio, pool decking, and pool walkways shall be constructed so that no negative drainage impacts are created for adjoining lots, municipal roadways, and municipal rights-of-way
7.
The property owner/applicant shall be required to supply a survey, plans and calculations to illustrate bulk requirement conformance. This would include but not be limited to structure coverage calculations per the Borough's Ordinances.
8.
The Construction Code Official is authorized to issue a Construction Permit if the Application incorporates pool decking, pool walkway, and pool patio materials that have been pre-approved by the Historic Preservation Commission, all other conditions of this subsection have also been met and subject to the provisions of paragraph 9. Should the materials not be in conformance with the Historic Preservation Commission pre-approved materials, the applicant shall submit an application to the Historic Preservation Commission for review to consider including the requested materials to its pre-approved material list. If the Historic Preservation Commission adds the requested materials to its pre-approved list, the Construction Code Official is authorized to act as set forth hereinabove. Should the materials not be approved by the Historic Preservation Commission to be included on its pre-approved material list, the applicant shall be required to submit an application to the Planning Board for review and approval of the proposed development and have the same submitted to the Historic Preservation Commission for review and recommendation to the Planning Board.
9.
The Construction Code Official shall determine if all requirements, including all requirements pursuant to the application are met. Should all requirements be met, the submission package will be provided to the Borough Engineer for review and approval prior to construction permit issuance for the pool project. Upon review, the Borough Engineer shall either recommend issuance of a Construction Permit or non-issuance of a Construction Permit. In the event non-issuance is recommended by the Borough Engineer, the Borough Engineer shall provide appropriate information to the applicant describing why the applicant has not met all requirements. The Construction Code Official shall exercise his duties in accord with recommendations of the Borough Engineer.
Should the property owner/applicant fail to satisfy all conditions within this subsection, the applicant will be required to submit application(s) for review by the Planning Board. |
The application for Residential Swimming Pool Review is incorporated as part of this subsection and is included as an attachment to this chapter. |
d.
Storage Sheds. One shed is permitted to be constructed on a residential lot without Planning Board review, subject to the following conditions being satisfied:
[Added 7-6-2022 by Ord. No. 2022-7]
1.
The proposed shed shall not exceed an area of 120 square feet.
2.
The proposed shed shall have a maximum height of 16 feet.
3.
No shed shall be within 10 feet of a side or rear property boundary.
4.
The shed shall not be visible from any municipal roadway or right-of-way.
5.
The shed shall be considered a structure. The shed shall be included in the aggregate ground area of all buildings and structures on any lot in the A Zone which in the aggregate shall not exceed 5% of the lot.
6.
The shed shall satisfy all other A Zone bulk requirements not specifically listed in this subsection including but not limited to the height.
7.
The shed shall be constructed so that no negative drainage impacts are created for adjoining lots, municipal roadways, and municipal rights-of-way. The Construction Code Official shall make this determination.
8.
The property owner/applicant shall submit an application package for review by the Construction Code Official. The Construction Code Official can grant the approval of the permit without an appearance before the Historic Preservation Commission if the shed incorporates a style and materials that have been pre-approved by the Historic Commission and all other conditions of this subsection have also been met. The Storage Shed Application is included as an attachment to this chapter.
Should the materials and style not be in conformance with the Historic Preservation Commission pre-approved materials and styles, the applicant shall submit an application to the Historic Preservation Commission for review to consider including the requested materials and style to its pre-approved material list. If the Historic Preservation Commission adds the requested materials and/or style to its pre-approved list, the Construction Code Official is authorized to act as set forth hereinabove.
Should the materials and/or style not be approved by the Historic Preservation Commission to be included on its pre-approved materials or style lists, the applicant shall be required to submit an application to the Planning Board for review and approval of the proposed development and have the same submitted to the Historic Preservation Commission for review and recommendation to the Planning Board.
9.
The property owner/applicant shall be required to supply a boundary survey and calculations to illustrate bulk requirement conformance. This would include but not be limited to structure coverage and building height calculations per the Borough's Ordinances.
10.
The Construction Code Official shall determine if all requirements are met. If deemed necessary by the Construction Code Official, the application package would be sent to the Planning Board Engineer for review.
11.
The property owner/applicant will be required to provide an application fee in the amount of $50. Should the Construction Code Official request that the Planning Board Engineer perform an application package review, an Engineering Escrow Fee in the amount of $400 shall be provided prior to the Planning Board Engineer's review.
Should the property owner/applicant not satisfy all conditions within this subsection, the applicant will be required to submit application(s) for review by the Planning Board. |
§ 34-6.3 Uses Prohibited.
a.
Heliports, helistops and other aeronautical facilities are prohibited.
[Ord. No. 01-03-02, adopted 2/11/2002]
b.
Any use, principal or accessory, which, as ordinarily conducted with reasonable safe guards, is likely to be noxious or offensive because of the emission of fumes, dust, smoke or odor or electronic, television or radio interference or noise, or is detrimental to the public health, safety, or general welfare of the resident(s) of the Borough of Rockleigh is prohibited.
[Ord. No. 2014-8]
c.
Research facilities which use live animals in the conducting of any research.
[Ord. No. 2014-8]
d.
Health and medical facilities that perform surgical procedures which prematurely terminate human pregnancy, unless private security at a level acceptable to the Borough and commensurate to the threat posed is provided by the property owner or proprietor thereof.
[Ord. No. 2014-8]
§ 34-6.4 Solar Panels For Residential Properties.
[Added 7-6-2022 by Ord. No. 2022-7]
a.
Solar panels, to the extent that these elements are necessary for the livability of the building, shall be hidden from view from a public street or right-of-way. For example, they shall be placed at the rear of the building and hidden by the use of appropriate screening.
b.
No trees shall be removed to install the solar panels but trees may be pruned.
c.
Should the solar panels be located where they are not visible from view from a public street or right-of-way and be located on the roof of a principal or accessory structure, review by the Historic Preservation Commission and Planning Board shall not be required. The property owner/applicant shall only be required to secure the required approvals from the Building Department.
d.
Should the solar panels be located where they are visible from view from a public street or way and/or not be located on the roof of a principal or accessory structure, review by the Historic Preservation Commission and Planning Board shall be required.
e.
The Construction Code Official will determine if the solar panels' visibility and location conditions of this subsection are satisfied. If deemed necessary by the Construction Code Official, the application package would be sent to the Borough Planning Board Engineer for review. Should they not be satisfied, the Construction Code Official will refer review to the Historic Preservation Commission and Planning Board.
f.
The property owner/applicant will be required to provide an application fee in the amount of $50. Should the Construction Code Official request that the Planning Board Engineer perform an application package review, an Engineering Escrow Fee in the amount of $200 shall be provided prior to the Planning Board Engineer's review. The Solar Panels Application is included as an attachment to this chapter.
§ 34-7 (RESERVED) [1]
[1]
Editor's Note: The ARH Zone was repealed by Ordinance No. 2009-13.
§ 34-8 B ZONE-COMMERCIAL. [1]
[1]
Editor's Note: See also § 34-24, B Zone Regulations.
§ 34-8.1 Permitted Uses.
[1973 Code § 88-7A; Ord. No. 09-06 § 88-7A, adopted 10/10/2006]
The B Zone shall consist of Lots 17 and 18 in Block 102. In the B Zone, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used in whole or in part for any purpose except the following with its usual accessories:
a.
Any use specified in § 34-6, as permitted and regulated in the A Zone, except that no building used as a residence shall be permitted.
b.
Building used exclusively by Federal, State, County or municipal government for conduct of governmental business.
c.
Private swim club, subject to the following limitations:
1.
Located upon nine or more acres of contiguous property.
2.
Not to be operated between the hours of 1:00 a.m. and 8:30 a.m., prevailing time, exception for January 1.
3.
Facilities are to be used only by:
(a)
Bona fide individual swim club members, their families and personal guests in the company of members or their families; and
(b)
Members of the general public while in attendance at a party, banquet, wedding or similar function in a group consisting of not less than 30 persons.
d.
Educational building conducted for gain, provided that there is no display of advertising except for an identification sign not exceeding six square feet in area, and provided that no gathering place shall be used primarily for a service or activity usually conducted for gain, including dancing or similar activities.
e.
Business administration buildings not for retail or manufacturing purposes.
§ 34-8.2 Restrictions as Applicable in A Zone.
[1973 Code § 88-7B; Ord. No. 06-09 § 88-7B, adopted 10/10/2006]
All restrictions and regulations in this section shall apply to any similar but nonconforming use of premises in an A Zone.
§ 34-8.3 Uses Prohibited.
[Ord. No. 01-03-02, adopted 2/11/2002]
a.
Any use, principal or accessory, which as ordinarily conducted with reasonable safeguards, is likely to be noxious or offensive because of the emission of fumes, dust, smoke or odor or electronic, television or radio interference or noise, or is detrimental to the public health, safety or general welfare of the residents of the Borough is prohibited.
b.
Heliports, helistops and other aeronautical facilities are prohibited.
[Ord. No. 01-03-02, adopted 2/11/2002]
c.
Research facilities which use live animals in the conducting of any research.
[New]
d.
Health and medical facilities that perform surgical procedures, which prematurely terminate human pregnancy, unless private security at a level acceptable to the Borough and commensurate to the threat posed is provided by the property owner or proprietor thereof.
[New]
§ 34-9 T ZONE-TRANSITION. [1]
[1]
Editor's Note: The former BT Zone was repealed by Ordinance No. 2009-13.
§ 34-9.1 Purpose.
The regulations are supported by the goals set forth in New Jersey Municipal Land Use Law and the Rockleigh Master Plan Reexamination Report. These zoning regulations support and encourage existing land use patterns by promoting land use intensities and uses currently evident in the Borough; encourage new land uses which are compatible with existing surrounding land uses; and encourage appropriate transition of land use areas which provide buffers between competing uses.
§ 34-9.2 Definitions.
(Ord. No. 2009-14 § 88-7.2(b), adopted 9/8/09)
As used in this section:
ADULT COMMUNITY
Shall mean a residential community providing for non-transient resident in accordance with the occupancy restrictions listed in § 34-9.4 in which the residential property and the residential-related open space, recreational facilities, and property all are owned by a mutual nonprofit corporation, or corporations, established pursuant to the laws of the State of New Jersey or by Condominium Associations, or other entities, all of which shall have rules and regulations controlling the development in accordance with this chapter.
AGE-QUALIFIED PERSON
Shall mean an owner, tenant, or other occupant who is 55 years of age or older.
BUFFER
Shall mean a continuous area of open spaces, landscaped area, berms, or any combination thereof used to physically separate one use or property from another or from a public road.
FAIR HOUSING ACT
Shall mean the Fair Housing Act Amendments Act of 1988, P.L. 100-430 (September 13, 1988) and amendments thereto including, but not limited to, the Housing for Older Persons Act of 1955, P.L. 104-76 (December 1995), and any judicial or administrative interpretations or decisions effecting said legislation.
FRONT OF BUILDING
Shall mean for residential buildings where there is direct entrance from the exterior to each dwelling unit therein, the building front shall mean all the exterior walls that face a public or private road. For such buildings that face both public and private roads, such buildings shall have two fronts and no rear.
FRONT ENTRANCE
Shall mean for such buildings that are designated as having two fronts and no rear, both fronts shall be designated as a front entrance. Each residential unit shall have its own private entrance, which private entrance shall only be from an internal or private roadway.
INTERNAL ROADWAY
Shall mean a roadway providing access from an exterior public street to parking areas and/or private driveways.
PATIO
Shall mean an area adjacent to a dwelling unit improved by an approved construction material for outdoor dining of other purposes accessory to the residential use of a dwelling unit.
PRIVATE DRIVEWAY
Shall mean a driveway providing access from an internal roadway to a private garage.
SCREENING
Shall mean a method of visually shielding one abutting or nearby structure or use from another by berms or evergreen plantings sized and spaced to provide the shielding contemplated herein.
TOWN HOUSE
Shall mean a one-family dwelling in a row of at least three such units in which each unit has two means of ingress and egress to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
(Ord. No. 2009-14 § 88-7.2(a), adopted 9/8/09)
§ 34-9.3 Permitted Uses.
(Ord. No. 2009-14 § 88-7.2(c), adopted 9/8/09)
In the Transition (T) Zone district, a lot, lots, building, buildings or premises may be used by right for the following purposes only:
a.
Professional offices.
b.
Roadside markets, nurseries and garden centers and roadside stands.
c.
Mixed use—residential dwelling units in existence at the time of ordinance adoption and any of the permitted uses within the Zone District.
§ 34-9.4 Conditional Uses.
(Ord. No. 2009-14 § 88-7.2(d), adopted 9/8/09)
a.
Age restricted housing comprised of multi-family townhouse dwellings provided the following conditions are satisfied:
1.
Minimum lot areas: five acres.
2.
Maximum density: five dwelling units per acre provided there is compliance in full with Subsection a14, Mt. Laurel housing requirements, herein, otherwise the maximum density shall be one dwelling unit per two acres.
3.
Maximum unit count: 24 units. No more than 24 age-restricted townhouse units are permitted in the Transition Zoning District. No new approvals for age-restricted townhouse units will be issued whenever a total of 24 age-restricted townhouse units have been approved. If affordable units will be provided on site the maximum number of units permitted shall be 24. The maximum unit count shall be inclusive of required affordable housing units at a ratio of one affordable unit to four market rate units or the required standard set by the Council on Affordable Housing (COAH) at the time of final approval. An in-lieu monetary contribution may be provided for the affordable units in accordance with COAH regulations at the discretion of the Planning Board.
4.
Minimum number of units: 16 on any one lot.
5.
Minimum front yard setback from a public right-of-way: 50 feet.
6.
Minimum side yard setback (one side yard): 30 feet.
7.
Minimum rear yard setback: 30 feet.
8.
Maximum building coverage: 30% of total site area.
9.
Maximum total impervious coverage: 60% of total site area.
10.
Residential building requirements.
(a)
Minimum distance between buildings:
Front to front: 50 feet
Front to side: 30 feet
Front to rear: 40 feet
Side to side: 15 feet
Side to rear: 30 feet
Rear to rear: 40 feet
(b)
Minimum distance from the front of buildings to internal roadway: 30 feet.
(c)
Maximum building height: 30 feet in accordance with § 34-1, Definitions.
(d)
Maximum building length: 160 feet.
(e)
Minimum horizontal breaks in building façade: one break between each residential unit that varies the setback by a minimum of two feet.
(f)
Extensions into required separations between buildings, and setbacks from buildings to streets, parking area, and external lines shall be permitted as follows:
(1)
By eaves with an overhang of not more than two feet.
(2)
By rainwater leaders, window sills, chimneys and other such fixtures.
(3)
By bay windows not more than 12 feet wide and for a depth not to exceed two feet.
(4)
By steps leading into the building, which shall not have any sidewall or other enclosure and may have a fixed roof limited to the dimensions of said steps.
(5)
By one patio provided that the surface shall be not more than six inches above the grade level and that the improved area shall be without walls and railings, and shall be without a roof, canopy or other fixed covering. All patios must be fully and permanently screened with adequate evergreen plantings to completely and permanently screen the patio from view from a public right-of-way or a private roadway. No patio shall extend more than 12 feet from the exterior building wall of a residential unit.
11.
Occupancy Restrictions.
(a)
All housing within the Transition District is subject of an age restriction whereby at least eighty (80%) percent of occupied units in the District shall be occupied by at least one age-qualified person with no occupant being under the age of 20 years.
(b)
The foregoing occupancy restriction is intended to qualify all housing within the District as "55 or Over Housing" under the "Housing for Older Persons Act" exemption of the Fair Housing Act.
(c)
The foregoing occupancy restriction shall be set forth in a Master Deed or other recorded instrument applicable to all of the dwellings in the development. The Master Deed or other recorded instrument shall contain procedures governing the sale, transfer, and rental of units within the district so that the developer and homeowners' association can enforce the occupancy restrictions set forth herein. The above occupancy restriction also shall be set forth or referred to in every deed conveyance to an individual dwelling unit in the development.
12.
Common Open Space Implementation Requirements.
(a)
A minimum of 1/10 (0.1) acre of active or passive recreation space shall be provided for each one acre of gross site area.
(b)
Buffer areas, wetlands, and conservation easements shall be eligible as open space as required by this section.
(c)
Active recreation space shall be improved consistent with the residential character of the development and the lifestyle needs of the residents therein.
(d)
All active open space shall be connected to residential areas with walkways or other reasonable means of access.
13.
Circulations and Parking Standards.
(a)
All public streets, internal roadways and private driveways shall be in accordance with the requirements of the New Jersey Residential Site Improvement Standards.
(b)
All developments in this district shall provide two points of ingress and egress. However, one of these access points shall be for emergency use only.
(c)
Off-street parking shall be provided in accordance with the New Jersey Residential Site Improvement Standards.
(d)
Required off-street parking shall be provided in private driveways, garages under residential buildings and surface parking lots. Each residential unit shall provide at least one indoor parking space.
(e)
Surface parking lots shall be adequately landscaped, screened, lighted and conveniently located within 100 feet of the housing to be served with the exception of guest parking.
14.
Mt. Laurel Housing Requirements. A developer of an Adult Community as set forth herein must agree, as a condition of such development, to be fully responsible for and to comply with all Mt. Laurel and any other affordable housing requirements and obligations under COAH or any governmental agency having jurisdiction, now existing or hereinafter imposed on the Borough of Rockleigh as a result of said development. Presently proposed requirements or obligations include but may not be limited to one low- and moderate-income housing unit for every four market rate units constructed. Such low- and moderate-income housing units may be built on-site or an in-lieu contribution may be provided in accordance with the Affordable Housing Ordinance. The preceding sentence is set forth to indicate present requirements and not as a limit of any developer's obligations, hereunder, which obligation shall be that existing at the time of final approval of the development by the Planning Board.[1]
[1]
Editor's Note: See Borough Code Chapter 36, Affordable Housing.
15.
Signs:
(a)
One sign, not internally illuminated identifying the development located at the entrance to such development. Signs shall have a maximum of two sign faces each not to exceed six square feet per side.
(b)
Except as set forth herein, all signs shall be regulated by Chapter 35, Signs.
16.
Recreational uses, such as but not limited to, common open spaces, walking paths and gazebos.
17.
Fences and walls.
b.
Residential use and mixed use in accordance with § 34-23, A Zone Regulations.
§ 34-9.5 Area and Bulk Requirements.
(Ord. No. 2009-14 § 88-7.2(e), adopted 9/8/09)
a.
Professional office in accordance with § 34-24, B Zone Regulations, except where amended below:
1.
Front, Side and Rear Yards. There shall be one front yard, side yards and one rear yard in which no buildings or structures shall be permitted. The least dimensions of any such yard shall be:
(a)
One hundred twenty-five (125) feet for that yard the exterior line of which is parallel to and closest to Paris Avenue.
(b)
Seventy-five feet for all other yards. No parking or other business activities shall be permitted within 25 feet of the zone line closest to and parallel with Paris Avenue. No parking, driveways or other business activities shall be permitted within 75 feet of the zone line adjacent to a residential zone; provided, however, that a driveway, upon which no parking shall be permitted, shall be permitted in that portion of the zone adjacent to a residential zone which also constitutes the fifty-foot-wide ingress and egress from and to Paris Avenue to the interior portion of the zone and a diagonal driveway (of between approximately 45 degrees and 90 degrees) upon which no parking shall be permitted, connecting such driveway to the parking area for the structure or structures permitted on the premises. No parking or other business activities shall be permitted within 50 feet of any other exterior property lines. Said yard closest to Paris Avenue and said yard adjacent to the residential zone shall be suitably landscaped and maintained to provide a visual screen.
2.
Area. No new building shall be erected in the T Zone on a lot having an area of less than five acres nor having a width at the street property line of less than 50 feet.
3.
Building Area.
(a)
The aggregate ground area of all buildings and structures on any lot in the T Zone shall not exceed ten (10%) percent of the total area of the premises.
(b)
The aggregate improved land coverage on any lot in the T Zone, including buildings and other structures, parking and loading areas, driveways, paved walkways and other paved areas, but excluding unpaved landscape areas, shall not exceed forty (40%) percent of the premises.
(c)
For the purposes of § 34-24.4, the phrase "total area" shall not include any area or areas determined to be wetlands under the laws or regulations of any Federal, State, County or municipal or other governmental institutions having jurisdiction in the matter.
(d)
Number and size of parking stalls. Parking stalls shall not be less than nine feet by twenty feet in dimension. There shall be a minimum number of parking spaces equivalent to no less than one space for each 250 square feet of building area.
b.
Mixed use and roadside markets, nurseries and garden centers and roadside stands in accordance with § 34-24, B Zone Regulations.
§ 34-9.6 Uses Prohibited.
[1973 Code § 88-7C; Ord. No. 01-03-01, adopted 2/11/2003; Ord. No. 05-01-03, adopted 6/11/2001; Ord. No. 07-03-02, adopted 9/9/2003; Ord. No. 06-02-04, adopted 9/15/2004; Ord. No. 07-01-04, adopted 9/14/2004]
a.
Any use, principal or accessory, which as ordinarily conducted with reasonable safeguards, is likely to be noxious or offensive because of the emission of fumes, dust, smoke or odor or electronic, television or radio interference or noise, or is detrimental to the public health, safety or general welfare of the residents of the Borough of Rockleigh, is prohibited.
b.
Heliports, helistops and other aeronautical facilities are prohibited.
c.
Research facilities which use live animals in the conducting of any research.
d.
Health and medical facilities that perform surgical procedures which prematurely terminate human pregnancy, unless private security at a level acceptable to the Borough and commensurate with the threat posed is provided by the property owner or proprietor thereof.
§ 34-10 C ZONE-LIGHT INDUSTRY. [1]
[1]
Editor's Note: See also § 34-25, C Zone Regulations.
§ 34-10.1 Uses Permitted.
[1973 Code § 88-8A; Ord. No. 07-03-01, adopted 9/9/2003]
In the C Zone, no building or premises shall be used and no building or part of building shall be erected which is arranged, intended or designed to be used in whole or in part for any purposes except the following with their usual accessories:
a.
Any use specified in §§ 34-6 and 34-8, as permitted and regulated in A Zone and B Zone, with the exception of buildings used for residential purposes.
b.
Private clubhouses, the chief activity of which is a service customarily carried on for gain.
c.
Buildings used for administrative offices, research laboratories (not involving live animals) or light industry, provided such building utilizes electric power from public services except on emergency stand-by basis.
d.
Fitness Centers and Personal Training Facilities. As used herein, fitness centers and personal training facilities shall include a facility that provides physical fitness, running and aerobic exercise equipment, wellness assessment and fitness classes and programs.
[Added 12-21-2020 by Ord. No. 2020-8]
§ 34-10.2 Uses Prohibited.
[1973 Code § 88-8B; Ord. No. 07-03-01; Ord. No. 05-01-03; Ord. No. 06-02-04, adopted 9/15/2004]
a.
Any use, principal or accessory, which, as ordinarily conducted with reasonable safeguards, is likely to be noxious or offensive because of the emission of fumes, dust, smoke or odor or electronic, television or radio interference or noise, or is detrimental to the public health, safety or general welfare of the residents of the Borough is prohibited.
b.
Heliports, helistops and other aeronautical facilities are prohibited.
c.
Research facilities which use live animals in the conducting of any research.
d.
Health and medical facilities that perform surgical procedures which prematurely terminate human pregnancy, unless private security at a level acceptable to the Borough and commensurate with the threat posed is provided by the property owner or proprietor thereof.
§ 34-10.3 Buffer and Yard Requirements.
[Ord. No. 1-1-98, adopted 1998]
a.
A naturalistic landscaped buffer strip with a maximum retention of existing trees and vegetation shall be provided on the easterly perimeter of the C Zone-Light Industry for a depth extending from the westerly boundary line of Piermont Road to the westerly line of Block 10.01, Lot 2 as the same is extended from the borderline between the States of New York and New Jersey to the southerly line of Link Drive which rear line is parallel to the westerly line of Piermont Road.
b.
No building or structure or parking area shall encroach within any buffer area.
c.
On those parcels or portions of land located in the buffer area in this C Zone shall not be developed either residentially or commercially and shall be maintained as landscaped open space and shall not be subdivided from any adjoining properties.
§ 34-11 H ZONE-HISTORIC DISTRICT. [1]
[1]
Editor's Note: See also § 34-26, H and HF Zone Regulations.
§ 34-11.1 Uses Permitted and Prohibited.
[1973 Code § 88-8.1]
These shall be the same as for the sections of the A and B Zones with which the H Zone is coterminous, subject to Article V, H Historic Zone and HF Historic Fringe Area Zone.
§ 34-11.2 Uses Prohibited.
a.
Heliports, helistops and other aeronautical facilities are prohibited.
b.
Health and medical facilities that perform surgical procedures which prematurely terminate human pregnancy, unless private security at a level acceptable to the Borough and commensurate with the threat posed is provided by the property owner or proprietor thereof.
[Ord. No. 07-03-02, adopted 9/9/2003; Ord. No. 06-02-04, adopted 9/15/2004; Ord. No. 07-01-04, adopted 9/14/2004]
c.
Any use, principal or accessory, which, as ordinarily conducted with reasonable safe guards, is likely to be noxious or offensive because of the emission of fumes, dust, smoke or odor or electronic, television, or radio interference or noise, or is detrimental to the public health, safety, or general welfare of the residents of the Borough of Rockleigh is prohibited.
[New]
d.
Research facilities which use live animals in the conducting of any research.
[New]
§ 34-12.1 Uses Permitted.
[1973 Code § 88-8.2A]
The P Public Zone is delineated to include tracts of land in public ownership by the Borough, Board of Education, County or State, which tracts are in public use or intended for future public use. Permitted uses include parks, golf courses, schools and buildings for public administration.
§ 34-12.2 Uses Prohibited.
[1973 Code § 88-8.2B; Ord. No. 05-01-03, adopted 6/14/2001; Ord. No. 01-03-02 adopted 2/11/2002; Ord. No. 07-03-02, adopted 9/9/2003; Ord. No. 06-02-04, adopted 9/15/2004; Ord. No. 07-02-04, adopted 9/14/2004]
a.
No public use is permitted which, as ordinarily conducted with reasonable safeguards, is likely to be noxious or offensive because of the emission of fumes, dust, smoke or odor or electronic, television or radio interference or noise, or is detrimental to the public health, safety or general welfare of the residents of the Borough.
b.
Heliports, helistops and other aeronautical facilities are prohibited.
c.
Research facilities which use live animals in the conducting of any research.
d.
Health and medical facilities that perform surgical procedures which prematurely terminate human pregnancy, unless private security at a level acceptable to the Borough and commensurate with the threat posed is provided by the property owner or proprietor thereof.
§ 34-12.3 Reversion from Public Ownership.
[1973 Code § 88-8.2C]
In the event that any lands in the P Public Zone revert to private ownership, no building or use shall be established before another zone district category is adopted for these lands by the municipal Governing Body, after the receipt of recommendations by the Planning Board.
§ 34-13 (RESERVED) [1]
[1]
Editor's Note: The PD Zone established by Ordinance No. 2009-13 was repealed by Ordinance No. 2014-3.
§ 34-14.1 Uses Permitted and Prohibited.
[1973 Code § 88-8.3A]
These shall be the same as for the sections of the A Zone which are within the defined boundaries of the HF Historic Fringe Area Zone, subject to Article V, H Historic Zone and HF Historic Fringe Area Zone.
§ 34-14.2 Prohibited Uses.
a.
Heliports, helistops and other aeronautical facilities shall be prohibited.
[Ord. No. 07-03-02, adopted 9/9/2003]
b.
Any use, principal or accessory, which, as ordinarily conducted with reasonable safe guards, is likely to be noxious or offensive because of the emission of fumes, dust, smoke or odor or electronic, television, or radio interference or noise, or is detrimental to the public health, safety, or general welfare of the residents of the Borough of Rockleigh is prohibited.
[New]
c.
Research facilities which use live animals in the conducting of any research.
[New]
d.
Health and medical facilities that perform surgical procedures, which prematurely terminate human pregnancy, unless private security at a level acceptable to the Borough and commensurate to the threat posed is provided by the property owner or proprietor thereof.
[New]
§ 34-15 CERTAIN USES RELATED TO MARIJUANA PROHIBITED; DEFINITIONS
[Amended 6-3-2019 by Ord. No. 2019-4]
a.
Wherever used in this chapter, the following terms shall have the meaning indicated:
HEMP
A cannabis plant containing less than 0.3% THC, whether growing or not, the seeds thereof, and every compound, manufacture, sale, derivative mixture or preparation of the plant or its seeds. This definition shall include cannabinoids (CBDs) derived from hemp.
MARIJUANA
All or parts of the plant genus Cannabis, whether growing or not, the seeds thereof, and every compound, manufacture, sale, derivative, mixture or preparation of the plant or its seeds. Notwithstanding the foregoing, this definition shall not be deemed to include hemp as such term is defined herein.
MARIJUANA ESTABLISHMENT
A business, residence or other location where the cultivation, testing, manufacturing, dispensing, storage, growing, extraction or wholesale or retail sale of marijuana or marijuana paraphernalia takes place, or where services are offered that involve marijuana or marijuana paraphernalia. This definition shall not include legally authorized medical care, pharmaceutical research or clinical trials performed or conducted by or under the direction and supervision of a licensed physician, medical research facility, hospital or pharmaceutical company.
MARIJUANA PARAPHERNALIA
Any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.
PHARMACEUTICAL COMPANY
A commercial business licensed to research, develop, market and/or distribute drugs in the context of healthcare.
PHARMACEUTICAL RESEARCH
The development and testing of medical drugs performed by an entity duly licensed by the appropriate governmental agency.
b.
In all zoning districts in the Borough of Rockleigh, the following uses shall be prohibited:
1.
Marijuana establishments. This prohibition shall not include premises regularly in the business of selling and/or dispensing medical marijuana under a license issued by the State of New Jersey, and having been prescribed by a licensed physician and dispensed in accordance with applicable law.
2.
Signs, billboards or other similar structures or devices that advertise or promote marijuana or marijuana establishments.
§ 34-20.1 AH Zone, Animal Husbandry, Commercial.
[1973 Code § 88-8.4A; Ord. No. 2014-1 § 2]
Animal husbandry, commercial, shall be permitted as a conditional use in the AH Zone.
a.
The raising, keeping, boarding, breeding, training, stabling, showing, exercising and handling of horses for profit, subject, however, to the following conditions:
1.
There may be an unlighted nameplate not more than 10 inches high and eighteen (18) inches wide designating the name of the owner or occupant and the activity conducted upon the premises whereon the sign is placed.
2.
There shall be compliance with all other ordinances of the Borough regarding the keeping of horses.
3.
No more than one horse shall be permitted per acre of land on premises of five acres or less, and, in the event that the Planning Board shall determine that the physical characteristics of the premises in question require a lesser number of horses, the number may be reduced.
4.
The use shall be subject to review by the Planning Board. The Planning Board shall determine if traffic and parking of cars can be accommodated within the premises upon which such use is conducted without substantial adverse effect upon adjoining premises; shall require visual landscaped screening from the public street and from adjoining properties; and shall prohibit the use of the public street for parking for customers of the premises and shall determine how many horses can be accommodated within the premises without substantial adverse effect upon adjoining properties and property owners and with due regard to the terrain and topography of the premises in question.
b.
AH Zone Boundary. The boundary of the AH Zone is hereby established as shown on the map accompanying this chapter and made a part hereof and entitled "Zoning Map-December 2013, Rockleigh Borough, Planning Board, Bergen County, New Jersey", prepared by Neglia Engineering Associates and shall be that area of the Borough of Rockleigh contained by Piermont Road, Willow Avenue and Rockleigh Road, to the center lines thereof.
§ 34-20.2 A Zone, Home Occupancy.
[1973 Code § 88-8.4B]
Home occupancy shall be permitted as a conditional use in the A Zone.
Any use frequently or customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the exterior character thereof, limited by and subject to, however, the following conditions:
a.
The uses shall be conducted within the dwelling house and shall be limited to one of the following uses: office or studio of a physician, architect, accountant, attorney, engineer, artist or consultant for business, finance, insurance, taxation or uses similar thereto.
b.
There shall be no more than one nonresident employee, and there shall be no class instruction or teaching.
c.
There shall be no display of goods or advertising and no other sign or device designating the office or studio activity of the inhabitants of the dwelling wherein the home occupation is conducted.
d.
The uses shall be subject to review by the Planning Board, and it shall make a determination that traffic and parking can be accommodated within the premises upon which the dwelling is located, without substantial adverse effect upon adjoining properties, without parking in the front yard, with visual landscaped screening for the purpose of screening all parking from view from the public street, and adjoining properties, and without the use of the public street for parking for clients and patients of such office or studio.
§ 34-20.3 A Zone, Animal Husbandry, Noncommercial.
[1973 Code § 88-8.4C]
Animal husbandry, noncommercial, shall be permitted as a conditional use in the A Zone.
a.
The raising, keeping, breeding, training, stabling, exercising and handling of horses, not for profit, subject, however, to the following conditions:
1.
The same shall be as an accessory use to a residential use.
2.
There shall be no more than one horse per acre of land, mere size of property not to be the only criterion.
3.
There shall be compliance with all other ordinances of the Borough regarding the keeping of horses.
b.
The use shall be subject to review by the Planning Board, and it shall make determination as to how many horses can be accommodated within the premises upon which the dwelling is located without substantial adverse effect upon adjoining properties and property owners, and with due regard to the terrain and topography of the premises in question.
§ 34-20.4 A Zone, Parabolic Antennas as Accessory Use.
[1973 Code § 88-8.4D]
a.
Parabolic Antennas. There shall be permitted as an accessory use to a residential use parabolic antennas which shall comply with the following requirements:
1.
The surface area of any reflective dish shall not exceed 13 square feet.
2.
The dish shall be erected on a secure ground-mounted foundation.
3.
The overall height from the mean ground level to the highest point of the antennas or any attachments thereto when extended to their full height shall be no more than 10 feet.
4.
The antenna shall be located in the rear yard to a single-family dwelling and shall not violate the yard and setback requirements for the main building.
5.
The antenna shall be located and screened to minimize motor noise and eliminate, where possible, all visibility of the antenna from the street and adjacent properties. Screening shall consist of evergreen plantings of the size and nature so as to comply with the standards established herein for elimination of visibility of the antenna. Said screening shall be permanent in nature and shall be maintained by the property owner so as to continuously effect such screening of the antenna. The ability of the applicant to install the dish in an unobtrusive location and to minimize the noise impact on adjacent properties shall be a major factor in determining whether or not the conditional use is approved.
6.
The antenna shall be designed and installed for use by residents of the main building only.
§ 34-20.5 P Zone, Churches as Conditional Use.
[Ord. No. 10-92-1, adopted 11/4/1992]
a.
There shall be permitted as a conditional use in the P Zone:
1.
Church, synagogue, chapel, temple or other place of divine worship, and church school, together with their usual accessory uses.
b.
Requirements. There shall be front, rear and side yards of at least 100 feet and maximum land coverage of twelve and one-half (12 1/2%) percent. The height of all buildings shall be subject to review by the Planning Board. The Planning Board shall make a determination that traffic and parking can be accommodated without substantial adverse effect on the adjoining areas. There shall be at least one parking space for each three seats in the main house of worship. No parking shall be permitted in the front yard. The minimum lot area shall be five acres (217,800 square feet) with a minimum width at the street line of 200 feet.
c.
Regulations. Except as the same shall conflict with the provisions of Subsection b hereof, the B Zone regulations set forth in § 34-24, B Zone Regulations of the Rockleigh Borough Code shall also apply to this § 34-20.5, P Zone, Churches.
d.
The use shall be subject to review by the Planning Board and it shall make a determination that the traffic and the parking of vehicles can be accommodated within the premises upon which such use is conducted without substantial adverse effect upon adjoining premises, with visual landscaped screening from adjoining premises, and without the use of the front yard or the public streets for the parking of parishioners and adherents and with due regard for the terrain and the topography of the premises in question.
e.
The provisions of § 34-12.3 of the Rockleigh Borough Code shall not apply to this subsection.
§ 34-20.6 B Zone, T Zone and C Zone, Satellite Antenna as an Accessory Use.
[Ord. No. 7-93-3, adopted 9/8/1993]
a.
Satellite Antennas. There shall be permitted as an accessory use to a commercial use (B Zone), and to a transition use (T Zone), and to a light industrial use (C Zone), a satellite antenna which complies with the following requirements:
1.
The surface area of any reflective dish shall not exceed 50 square feet.
2.
The dish shall be erected on a secure ground-mounted foundation.
3.
The overall height from the mean ground level to the highest point of the antenna or any attachments thereto when extended to their full height shall be no more than 11 feet.
4.
The antenna shall be located in the rear yard and shall not violate the yard and setback requirements for the main building.
5.
The antenna shall be located and screened to minimize motor noise and visibility from the street and adjacent properties. Screening shall consist of evergreen plantings of the size and nature so as to comply with the standards established herein for elimination of visibility of the antenna. This screening shall be permanent in nature and shall be maintained by the property owner so as to continuously effect such screening of the antenna. The ability of the applicant to minimize the noise impact on adjacent properties shall be a major factor in determining whether or not the conditional use is approved.
6.
The antenna shall be designed for use by the residents of the main building only.
§ 34-20.7 A Zone, Accessory Apartments on One-Family Parcels.
[Ord. No. 2009-16, adopted 12/21/2009]
Accessory apartments on one-family parcels in the A Zone shall be as regulated under § 34-23.8
§ 34-20.8 A Zone, Stationary Generators as an Accessory Use.
[Ord. No. 2013-05, adopted 9/4/2013]
Exterior stationary generators in the A Zone shall be as regulated under § 34-23.9.
§ 34-20.9 Additional Standards for Permitted Conditional Uses.
[Ord. No. 2014-3 § 2]
The permitted conditional uses in §§ 34-20.1 a and b and 34-20.3 of this section, churches and places of worship as permitted in the P Zone, and age-restricted housing as permitted in the T Zone, shall be required to satisfy the standards set forth in § 34-30, Permitted Conditional Use Procedures and Criteria.
§ 34-20.10 T Zone, Age-Restricted Housing as a Conditional Use.
[Ord. No. 2009-14, adopted 9/8/09]
Age-restricted housing in the T Zone shall be as regulated under § 34-9.4.
§ 34-20.11 T Zone, Residential Use and Mixed Use as a Conditional Use.
[Ord. No. 2009-14, adopted 9/8/09]
Residential use and mixed use in the T Zone shall be as regulated under § 34-9.4.
