Rockleigh City Zoning Code
ARTICLE IV
General Regulations
§ 34-23.1 Building Height; Elevations; Corners and Face Points.
[1973 Code § 88-9A; Ord. No. 06-19 § 89-9A, adopted 6/9/2006; Ord. No. 07-08, adopted 8/14/2007; Ord. No. 2011-06, adopted 9/7/2011]
a.
No building shall be erected, altered or reconstructed so that it shall exceed 2 1/2 stories in height and a maximum of 28 feet, nor shall the vertical dimension of any chimney, cupola, lantern, and/or weathervane exceed the height of four feet above that of the nearest ridgepoint or the nearer highest point of the structure if the latter shall be nearer than the said ridgepoint. A maximum ratio of 1:7 shall be used to calculate the permissible height of the vertical rooftop appurtenance in relation to the height of the building. Permitted roof top appurtenances are limited to chimney, cupola, lantern and weathervane, subject to the restrictions and limitations set forth in § 34-32.4d and the "Guidelines and Recommendations for Architectural Review in the Rockleigh National Historic District," in the section entitled Roof.
b.
Should a corner have more than two elevations, the more restrictive grade elevation shall be utilized within the average grade calculation.
c.
In the event a building face length exceeds 20 feet in length, the length of the building face shall be divided by 20 and the result reduced down to the next lowest whole number. This result shall constitute additional face points along said building face which shall be considered for definition purposes, additional corners. Such face points/additional corners shall be located equidistant from the two corners along said building face.
d.
Should a building contain a point at which its proposed surface elevation is lower in elevation than all corners of the proposed structure, that said point shall be considered for definition purposes, a corner.
§ 34-23.2 Floor Area.
[1973 Code § 88-9B]
The floor area of any new or rebuilt houses shall be as follows:
a.
All two-story dwellings shall contain not less than five rooms, exclusive of cellar, bath and utility, furnace or boiler room, and a minimum first floor area, exclusive of the area of any garage, porch or breezeway, of 1,000 square feet.
b.
All one-and-one-half-story dwellings shall contain not less than five rooms, exclusive of cellar, bath and utility, furnace or boiler room. Two completed rooms, in addition to a completed bathroom, shall be on the floor above the first floor, which first floor shall have a minimum area of 1,100 square feet, exclusive of the area of any garage, porch or breezeway.
c.
All other dwellings shall contain not less than four rooms, exclusive of cellar, bath and utility, furnace or boiler room, and a minimum first floor area, exclusive of the area of any garage, porch or breezeway, of 1,200 square feet.
§ 34-23.3 Yards.
[1973 Code § 88-9C, D, E; amended 6-6-2022 by Ord. No. 2022-8]
a.
Front Yard.
1.
Except as set forth under paragraph 2 below, no new building shall be erected and no building existing at the time of passage of this chapter shall be altered or reconstructed so as to be closer to the street property line than 30% of the mean depth of the lot, but not less than 75 feet. Where a lot is in excess of 333 feet in depth, the above distance need not exceed 100 feet.
2.
No new driveway columns, piers, gates, or archways shall be erected and no driveway columns, piers, gates, or archways existing at the time of passage of this chapter shall be altered or reconstructed so as to be closer to the existing roadway edge of pavement or existing roadway curb line than 20 feet, subject to also being outside of the Borough's roadway right-of-way. Should the Borough's right-of-way equal or exceed 20 feet onto a property, the driveway column, pier, gate, or archway shall not be located so as to be closer than two feet from the Borough's right-of-way.
3.
Exceptions may be made, subject to the approval of the Planning Board, where the existing buildings on a majority of lots within the block do not conform to the above requirements. However, for this purpose the position of any existing building which does not conform because of a variance shall not be considered.
b.
Side Yard. There shall be two side yards. The least dimension of any side yard shall be twenty-five (25%) percent of the width of the lot, but not less than 50 feet. On a corner lot, the side yard adjacent to a street shall not be less than 60 feet and not less than thirty (30%) percent of the depth of the adjacent property on that street, but need not exceed 100 feet.
c.
Rear Yard. A rear yard is required and its least depth shall not be less than twenty-five (25%) percent of the average depth of the lot and not less than 50 feet.
§ 34-23.4 Accessory Buildings.
[1973 Code § 88-9F; amended 7-6-2022 by Ord. No. 2022-7]
Except as set forth under subsection 34-6.2d hereof, no accessory building or other structure, parking lot, swimming pool, tennis court, or other recreation equipment shall be within 25 feet of a side or rear property line nor closer to a front property line than the setback distance designated in subsection 34-23.3a.
§ 34-23.5 Lot Size.
[1973 Code § 88-9G]
a.
No new building shall be erected on a lot having an area of less than two acres (87,120 square feet), a road frontage of less than 200 feet and a depth of less than 200 feet.
b.
However, when the present owner of a single lot less than two acres in area or less than 200 feet in width or depth shall apply for permission to erect a building on the lot, a building permit shall be issued, provided that the lot and building otherwise comply with all requirements of the ordinances of the Borough.
§ 34-23.6 Impervious Surface and Driveways.
[1973 Code § 88-9H; Ord. No. 07-11; Ord. No. 07-16, adopted 11/7/2007; amended 10-1-2018 by Ord. No. 2018-5; 11-4-2024 by Ord. No. 2024-6]
a.
The aggregate ground area of the main residence (structure) on any lot in the A Zone shall not exceed 4.5% of the area of the lot. "Main residence (structure)" shall include an attached garage, if any. An unattached garage shall be treated as a separate structure. Collectively, the aggregate ground area of all buildings and structures on any lot in the A Zone shall not exceed 5% of the lot.
b.
Excluded from this five-percent-area calculation is a further area not to exceed an additional 10%. However, qualification for such exclusion is subject to satisfaction of all of the following conditions:
1.
Such additional area exclusion shall only be applicable to lots 2.00 acres in size or larger.
3.
The greenhouse or other building must be actually and exclusively used for farming purposes. As used herein, farming purposes shall be use of the greenhouse or other building by the owner of the property.
§ 34-23.6.1 Vehicle Access.
[Added 11-4-2024 by Ord. No. 2024-6]
Only one vehicle access for combined ingress and egress shall be located on each building lot. There shall be no common driveway shared by adjacent building lots.
§ 34-23.7 Windows and Doors.
[1973 Code § 88-9J]
All windows and exterior doors shall be of a conventional style. No group of windows shall have a width greater than 1 3/4 times its height. No window or sash shall have a width greater than 1 1/2 times its height. No window pane shall have a width greater than its height nor less than half its height, except that a single-pane "picture window" or a single-pane hung sash may have a width 1 1/2 times its height. These limitations do not apply to storm or cellar windows.
§ 34-23.8 Accessory Apartments on One-Family Parcels.
[Ord. No. 2009-16, adopted 12/21/2009; Ord. No. 2016-6]
a.
Purpose. It is the specific purpose and intent of this section to allow accessory apartments on one-family parcels of minimum size of two acres to provide the opportunity for persons of moderate and very low income and in compliance with the Housing Element and Fair Share Plan adopted by the Planning Board. When approvals have been issued for a total of five accessory apartments, no new approvals will be granted. To help achieve these goals and to promote the other objectives of the Housing Element and Fair Share Plan, the following specific standards and limitations are set forth for such accessory apartment use.
b.
Standards and Limitations.
1.
Occupancy.
(a)
The owner(s) of the one-family lot upon which the accessory apartment is to be located shall occupy and maintain as his or her legal full-time residence in one of the dwelling units on the lot.
2.
Location and Number of Units.
(a)
An accessory apartment may be located in the principal dwelling building or in a permitted accessory building, such as a barn or garage, and may include existing, new or expanded structure construction.
(b)
There shall be no more than one accessory apartment permitted per one-family building lot.
(c)
An accessory apartment is not permitted on any single lot where more than one dwelling unit already exists, regardless of whether the additional dwelling is a prior nonconforming dwelling unit or not.
3.
Size.
(a)
The minimum floor area for an accessory apartment located within a principal dwelling building shall be 600 square feet, but in no case shall it exceed the gross floor area of the existing principal dwelling on the lot.
(b)
For an accessory apartment located in an existing accessory building, the minimum floor area shall also be 600 square feet.
(c)
To the extent practical, an accessory apartment shall have either two or three bedrooms.
4.
Other Requirements.
(a)
Exterior appearance. Principal buildings containing an accessory apartment shall have only one front or principal entry to the building, and the accessory apartment shall be located, designed, constructed, and landscaped so as to preserve the appearance of the principal building as a single-family residence to the maximum extent feasible and further to enhance and not detract from the single-family character of the principal building and the surrounding neighborhood. An accessory apartment shall have a separate, distinct entry which does not detract from the single-family character of the principal building.
(b)
Off-street parking. Off-street parking requirements shall be that two off-street parking spaces must be provided for each dwelling unit on the property of the applicant. Additional parking areas shall be paved only when proven necessary and shall be screened and buffered from adjacent properties to the extent possible.
(c)
Approval of utilities. Prior to the issuance of a building permit for the establishment of an accessory apartment in a principal dwelling or the conversion of an existing accessory building to an accessory apartment use, all septic systems and wells must be approved by the governing agency.
(d)
The occupant must meet the established income limitations for moderate and very low-income households as specified by the rules and regulations of COAH or any successor agency or tribunal.
§ 34-23.9 Stationary Generators.
[Ord. No. 2013-05, adopted 9/4/2013]
a.
Exterior stationary generators are permitted as accessory uses, but are required to be located only within the side or rear yards.
b.
The footprint of stationary generators may not exceed 14 square feet, must be located no more than three feet, or the manufacturer's specifications, from the residential dwelling, and shall be set back a minimum of five feet from any operable window or door.
c.
Stationary generators must be maintained in good working order consistent with manufacturer specifications, may only be powered by natural gas, propane or diesel fuel, and shall not exceed a noise level of 85 dba at the source and 50 dba at the property line.
d.
Stationary generators are required to be fully and continuously screened for as long as they may exist so as not to be visible to adjoining properties or any street.
e.
Stationary generators are required to meet all applicable accessory structure setback requirements. Stationary generators are not considered an accessory structure under this section. Stationary generators up to 14 square feet in area shall not be included in calculating lot coverage.
§ 34-24.1 Building Height.
[1973 Code § 88-10A]
The maximum height of any building in the B Zone shall be two stories, which together shall not exceed 30 feet in total height.
§ 34-24.2 Yards.
[1973 Code § 88-10B, C; Ord. No. 2012-09, adopted 1/7/2013]
a.
Front Yard. No new building shall be erected and no building existing at the time of passage of this chapter shall be altered or reconstructed so as to be closer to the street property line than 75 feet, and no business activities, including parking, shall be permitted closer than 50 feet to the street property line.
b.
Side and Rear Yards. There shall be two side yards and a rear yard in which no buildings shall be permitted, except as to accessory buildings and structures as provided in § 34-24.7, which shall be required to adhere to the applicable setback requirements. The least dimension of any such side or rear yard shall be 50 feet. No parking or other business activities shall be permitted within five feet of side and rear property lines, except that where such property line adjoins a residential zone, such minimum distance shall be 30 feet, suitably landscaped and planted to provide a visual screen.
§ 34-24.3 Area.
[1973 Code § 88-10D]
No new building shall be erected in the B Zone on a lot having an area less than five acres (217,800 square feet) nor having a width at the street property line less than 200 feet.
§ 34-24.4 Building Area.
[1973 Code § 88-10E]
a.
The aggregate ground area of all buildings and structures on any lot in the B Zone shall not exceed fifteen (15%) percent of the total area of the property.
b.
The aggregate improved land coverage on any lot in the B Zone, including buildings and other structures, parking and loading areas, driveways, paved walkways and other paved areas, but excluding unpaved landscaped areas, shall not exceed sixty (60%) percent of the property.
§ 34-24.5 Parking Area.
[1973 Code § 88-10F]
a.
Off-street parking shall be provided to meet the reasonable needs of employees and visitors, subject to § 34-24.2. No on-street parking or parking other than in spaces designated for parking on the site plan shall be permitted. Parking shall be limited to the side or rear of each building. The number of parking spaces shall be kept to a minimum and may be reduced by use of means such as car-pooling, van-pooling and the provision of bus service. All off-street parking areas shall be used solely for the parking of vehicles, and no commercial repair work or service of any kind shall be conducted on such parking lot. This shall not be construed to permit overnight storage of vehicles in any area other than the rear yard area.
b.
Additional Requirements.
1.
Parking Levels. Not more than one level of parking is permitted, and there shall be no parking area elevated above grade.
2.
Parking Stalls and Aisles:
(a)
Off-street parking areas shall be designed so as to permit all vehicles to turn around on the site while all other designated parking spaces are occupied in order to avoid the necessity of backing any vehicle onto any road from such site.
(b)
No required off-street parking space shall be located within the existing or proposed right-of-way of any road nor within 10 feet of any existing or proposed right-of-way line of a public street or highway.
(c)
Parking stalls shall be usable without excessive maneuvering required to use the parking spaces when all other spaces are occupied by vehicles.
3.
Islands at Ends of Aisles. In order to provide visibility and delineation at the ends of parking aisles, provisions shall be made for safety islands to delineate feeder lanes from main access lanes. Islands shall be delineated by concrete curb as defined below and shall be of a size not less than shown on Diagram A. The islands shall contain shrubbery and/or other landscaping approved by the Planning Board.
Parking — Islands at Ends of Aisles (Subsection 34-24.5b3)  |
4.
Amount of Landscaping in Parking Areas. Within each contiguous off-street parking area containing more than 20 parking spaces, a minimum of ten (10%) percent of the land area shall be set aside for landscaped islands or indentations. Within these islands or indentations, or immediately adjoining the parking lot, as determined by the Planning Board, a minimum of one shade tree shall be planted for each 10 parking spaces. Such trees shall be nursery-grown and of a minimum two-inch caliper, of a species approved by the Borough as appropriate for the purpose and shall be maintained in good condition.
5.
Lighting and Screening Adjoining Residential Zones:
(a)
Any lighting in connection with off-street parking shall be so arranged and shielded as to reflect the light downward away from all adjoining residence buildings, residence zones or streets.
(b)
All parking areas shall be effectively screened on any side which adjoins or faces premises situated in any residence district by landscaped screening, such as by massed evergreens, maintained in good condition, subject to review by the Planning Board.
6.
Paving Specifications.
(a)
Parking areas, aisles, parking spaces, private roadways and driveways are to be paved with not less than one-and-one-half- inch topping of FABC, or equivalent approved by the Planning Board, over a base of not less than five inches of crushed stone.
(b)
A parking area shall be drained to dispose of all surface runoff to the satisfaction of the Planning Board.
7.
Minimum and Maximum Grades in Parking Areas.
(a)
A parking area shall have a minimum grade of 0.5% and a maximum grade of six (6%) percent.
(b)
Driveway intersections with any roadway shall not have a grade that exceeds 1.5% from the roadway curbline to a minimum distance of 35 feet from the curbline measured along the center line of the driveway.
8.
Concrete Curbs. Concrete curbs shall be poured-in-place Class B concrete, air-entrained, and shall have the dimension of six inches at the top, nine inches at the bottom and 20 inches deep. A seven-inch face from the pavement to the top of the curb shall be provided.
§ 34-24.6 Loading Zones.
[1973 Code § 88-10G]
Off-street areas shall be provided for the loading and unloading of trucks.
§ 34-24.7 Accessory Building.
[1973 Code § 88-10H]
No accessory building or other structure shall be permitted within the front, side or rear yards as designated in § 34-24.2.
§ 34-24.8 Residences.
[1973 Code § 88-10I]
No residence shall be permitted in the B Zone.
§ 34-24.9 Maintenance.
[1973 Code § 88-10J, K]
a.
Landscaping. The exterior of the buildings shall be maintained in a neat and attractive condition at all times, whether or not the buildings are in active use.
b.
The premises shall be attractively landscaped, and lawns and shrubbery shall be kept neatly trimmed. There shall be no accumulation of waste products or of other unsightly material.
§ 34-25.1 Height of Buildings.
[1973 Code § 88-11A]
The maximum height of any building in the C Zone shall be thirty-two (32) feet, including appurtenances, but excluding ventilating and cooling towers, which together with the height of the building shall not exceed forty-two (42) feet.
§ 34-25.2 Yards.
[1973 Code § 88-11B, C; Ord. No. 2012-05, adopted 7/2/2012]
a.
Front Yard. No new building shall be erected and no building existing at the time of the passage of this chapter shall be altered or reconstructed so as to be closer than 75 feet to a street property line nor 50 feet to a zone line.
b.
Side and Rear Yards.
1.
Dimensions. There shall be two side yards and a rear yard. The least dimension of any side or rear yard shall be not less than 50 feet.
c.
Additional Buffer to Adjoining Residential Properties. Any property in the C Zone adjoining a property in the A One-Family Residential Zone, HF Historic Fringe Area Zone, shall be required to have a fifty-foot buffer strip, which shall be in addition to the required side or rear yard setback dimension of 50 feet. In addition, any property in the C Zone having a front, rear or side yard adjoining Piermont Road shall be required to have an additional fifty-foot buffer strip in addition to the required applicable setback.
§ 34-25.3 Area.
[1973 Code § 88-11D]
No new building shall be erected in the C Zone on a lot having an area of less than five acres (217,800 square feet) nor having an average width of less than 300 feet or less than one-fifth (1/5) of its average length.
§ 34-25.4 Coverage.
[1973 Code § 88-11E]
The aggregate improved land coverage on any lot in the C Zone, including buildings and other structures, parking and loading areas, driveways, paved walkways and other paved areas, but excluding unpaved landscaped areas, shall not exceed sixty (60%) percent of the property.
§ 34-25.5 Parking and Loading Areas.
[1973 Code § 88-11F, G]
b.
Loading Area. An off-street area shall be provided in the C Zone for the loading and unloading of trucks. No truck loading or unloading shall be permitted in the front. All trucks must be parked in the rear of the building when not being loaded or unloaded.
§ 34-25.6 Accessory Building.
[1973 Code § 88-11H]
No accessory building or other structure in the C Zone, nor any portion of any use designated in this chapter, shall be permitted within the front, side or rear yards with the exception of transformer pads or buildings for fire hose connections.
§ 34-25.7 Architecture.
[1973 Code § 88-11I]
The exterior walls of any building facing on a street or public highway shall be constructed of face brick, natural stone, nonreflecting ornamental aluminum with decorative glass, glass or wood or combinations of the aforesaid materials, or equal. The side of any building immediately facing upon Piermont Road (County Road) shall be faced with brick or stone.
§ 34-25.8 Maintenance; Landscaping.
[1973 Code § 88-11J, K]
a.
Appearance of Buildings. The exterior of all buildings shall be maintained in a neat and attractive condition at all times, whether or not the buildings are in active use.
b.
Condition of Premises. The premises shall be attractively landscaped, and the lawn and shrubbery shall be kept neatly trimmed. There shall be no accumulation of waste products or outdoor storage of materials.
§ 34-25.9 Signs.
[1973 Code § 88-11L]
No signs shall be permitted in the C Zone except such signs as are permitted for the C Zone in Chapter 35, Signs, of the Rockleigh Borough Code.
§ 34-25.10 Fences.
[1973 Code § 88-11M]
The construction of fencing around buildings or its premises is prohibited, except that fencing for the protection of transformer pads will be permitted.
§ 34-26 H AND HF ZONE REGULATIONS.
[1973 Code § 88-11.1]
In addition to the regulations for the H and HF Zones, the general regulations for the A and P Zones shall also apply respectively to those portions of the H and HF Zones which lie within the A and P Zones.
§ 34-27.1 Height Restrictions and Permissions.
[Ord. No. 07-08]
a.
The following restrictions and permissions are included for all zones:
1.
Should a corner have more than two elevations, the more restrictive grade elevation shall be utilized within the average grade calculation.
2.
Should a building contain a point at which its proposed surface elevation is lower in elevation than all corners of the proposed structure, that said point shall be considered for definition purposes, a corner.
3.
In the event any person takes any action, permits any action to be taken, or assists in the construction or alteration of a building or the grading or regrading of a property within a distance of 15 feet from the footprint of a building, thereby resulting in the height of such building exceeding the maximum height permitted by this chapter or Planning Board approval, whichever is greater, such action shall constitute a violation of Chapter 34, Zoning, of the Code of the Borough of Rockleigh and the Construction Official shall take action to enforce these regulations pursuant to the provisions of Article XV, Enforcement, Penalties, of this chapter.
4.
In the event a building face length exceeds 20 feet in length, the length of the building face shall be divided by 20 and the result reduced down to the next lowest whole number. This result shall constitute additional face points along said building face which shall be considered for definition purposes, additional corners. Such face points/additional corners shall be located equidistant from the two corners along said building face.
b.
The following restrictions and permissions are included with respect to roof-top appurtenances within the B Zone, T Zone, and C Zone:
1.
The height limitations for buildings shall not apply to rooftop appurtenances, including but not limited to roof-mounted service equipment, decorative architectural elements such as cupolas and weathervanes, spires, towers, chimneys and vent pipes or any other vertical projecting element, but only if such appurtenances comply with the following limitations:
(a)
The height of the appurtenances, and any structures that screen the appurtenances from view, must not exceed 10 feet above the highest point of the roof for flat roofs or the highest gable, or 10 feet above the maximum permitted building height, whichever is less.
(b)
The height of the appurtenances to be constructed may exceed the maximum height requirements of the zone; provided, however, that the front, rear and side yard setback requirements set forth above shall be increased by two feet for each foot by which the height of the structure, inclusive of the appurtenances, exceeds the maximum height which would be otherwise permitted by this chapter.
(c)
Rooftop appurtenances shall not occupy more than ten (10%) percent of the roof area of any building on which such appurtenances are located.
(d)
The horizontal dimension of any such appurtenances, and any structures that screen such appurtenances from view, must not exceed twenty (20%) percent of the horizontal dimension of the building wall or side toward which such appurtenance or screening structure faces.
(e)
Compliance with the following limitations and conditions must also occur with respect to roof-mounted service equipment:
(1)
Roof-mounted service equipment shall be screened by a wall or other visual barrier made of material compatible with the architectural design of the building.
(2)
Roof-mounted service equipment shall be set back one foot for every one foot in height of service equipment structures, measured from the perimeter of the roof on which said equipment structure is located.
[Ord. No. 2011-06, adopted 9/7/2011]
§ 34-27.2 Table of Bulk Requirements.
[Ord. No. 2011-04, adopted 8/1/2011; Ord. No. 2012-09, adopted 1/7/2013]
"Table I — Bulk Requirements" [1]which details the applicable bulk requirements for each zone as set forth on the attached schedule, is hereby adopted as a part of this chapter.
Table I - Bulk Requirements, is included as an attachment to this chapter.
§ 34-30 PERMITTED CONDITIONAL USE PROCEDURES AND CRITERIA.
[1973 Code § 88-11.2]
a.
A permitted conditional use is a use permitted in a zoning district only upon the demonstration that such use in its location will:
b.
Conditional uses may be permitted by the Planning Board in accordance with the criteria hereunder. Application and review procedures shall be as specified in Chapter 30, Land Use Procedures, of the Rockleigh Borough Code.
c.
Each conditional use for which permission is sought shall be considered as an individual case. Such use shall conform to the standards set forth under the respective zone district in this chapter. In addition, prior to approval of such conditional use, the Planning Board shall find that:
1.
The use will fully comply with all applicable regulations of this chapter;
2.
The use will be of such location, size and character that will be in harmony with the appropriate and orderly development of the district to which it is situated and will not be detrimental to the orderly development of adjacent property not inconsistent with development shown on the Master Plan heretofore adopted by the Planning Board, and amendments thereto; and
3.
Such use will fully comply with the additional standards set forth for the district in which such permitted conditional use is proposed to be located.
§ 34-31 PROHIBITED USES IN ALL ZONES.
[6-7-2021 by Ord. No. 2021-4]
All classes of cannabis establishments or cannabis distributors or cannabis delivery services, as said terms are defined in Section 3 of P.L. 2021, c. 16,[1] shall be deemed to be a prohibited use in all zones within the Borough, except the delivery of cannabis items and related supplies by a delivery service not located in the Borough of Rockleigh.
[1]
Editor's Note: See N.J.S.A. 24:6I-33.