Roselle City Zoning Code
ARTICLE XII
Zoning
§ 650-88 General provisions.
A.
General intent.
(1)
The intent of this article is to establish a precise and detailed plan for the use of land and buildings in the Borough of Roselle, based upon the Borough Master Plan and any amendments thereto and other studies and findings, enacted in order to promote and protect the public health, safety, morals, comfort, convenience and the general welfare of the people.
(2)
This article shall be viewed as permissive. After the adoption of this article, no use or structure shall be permitted in the Borough which is not listed as a permitted use by this article.
B.
Zone districts.
(1)
Designation of zoning districts. For the purpose of this article, the Borough of Roselle is hereby divided into 11 districts or zones, which terms may be used interchangedly, to be designated as follows:
Residence A Zone (Low Density, Single-Family) |
Residence B Zone (Medium Density, Single- and Two-Family) |
Residence C Zone (High Density, Single-Family) |
Residence D Zone (High Density, Multifamily) |
Residence E Zone (High Density, Townhouse) |
Residence F Zone (High Density, Single-, Two- and Multifamily) |
Business/Commercial Zone |
Professional Office Zone |
Commercial-Industrial Zone |
Industrial Zone |
Public Use Zone |
(2)
Zoning Map. The location and boundaries of the above districts are hereby established on the Zoning Map of the Borough of Roselle in Union County adopted as part of Ordinance No. 2470-13, which is attached hereto and made a part of this article.[1] Said map or maps and all notations, references and designations shown thereon shall be a part of this article as if the same were all fully described and set forth herein.
[1]
Editor's Note: The Zoning Map is on file in the office of the Borough Clerk.
(3)
Designation of zone boundaries.
(a)
Unless otherwise noted, the district boundary lines are intended generally to follow the center lines of streets; the center lines of railroad rights-of-way; existing lot lines; and the municipal boundary lines. However, where a district boundary line does not follow such a line, its position shall be shown on the Zoning Map by a specific dimension expressing its distance in feet from a street line or other boundary line as indicated.
(b)
In the event that a district boundary line divides one or more lots, then the zone boundary line shall be considered the lot limit for computing all area, bulk, yard, buffer and any other dimension requirements specified in this article, unless a zone district boundary line falls within 20 feet of a lot line existing at the time of passage of this article, then the lot line shall be considered the zone boundary line.
(c)
In cases of uncertainty or disagreement as to the true location of any district boundary line, the determination shall be made by the Board of Adjustment.
D.
Supplementary zone district regulations.
(1)
General.
(a)
No business or commercial use shall operate on any lot wherein no principal structure devoted to said use exists, except that seasonal sales may be permitted on lots in nonresidential districts pursuant to the provisions of the Transient Merchants Ordinance, § 320-18 through § 320-22. No person shall receive more than one transient merchant license per year per lot.
(b)
No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used, for any purpose or in any manner other than as specified among the uses listed as permitted, accessory or conditional in the district in which such building or land is located.
(c)
No building or structure shall be erected, reconstructed or structurally altered to exceed in height the limit designated for the district in which such structure is located, except where superseded by conditional use standards and conditions set forth herein.
[Amended 8-14-2024 by Ord. No. 2743-24]
(d)
No building or structure shall be erected, no existing buildings or structures shall be altered, enlarged or rebuilt nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot, area and building location regulations hereinafter designated for the district in which such building or open space is located except where superseded by conditional use standards and conditions set forth herein.
[Amended 8-14-2024 by Ord. No. 2743-24]
(e)
No yard or other open space provided for any building for the purpose of complying with the provisions of this article shall be considered as providing a yard or other open space for any other building on any other use on a lot.
(f)
No land in a residential zone shall be used to fulfill open space, minimum area, minimum yard and setback requirements, parking or other similar requirements for uses in nonresidential zones.
(g)
The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this article; and, if already less than the minimum required by this article, said area or dimension shall not be further reduced.
(h)
The maximum floor area ratio or impervious surface coverage set forth in this article shall not be exceeded or, if already more than the maximum, shall not be further increased.
(i)
No lot shall have erected upon it more than one principal residential building (except for multifamily developments and garden apartments) and no yard or other open space provided about any building for the purpose of complying with the provisions of this article shall be considered to provide a yard or open space for any other building except in the case of multifamily, townhouse and garden apartment developments.
(j)
Every principal building, except townhouse and garden apartment structures, shall be built upon a lot with frontage upon a public street improved to meet the Borough's requirements, or for which such improvements have been insured by the posting of a performance guaranty pursuant to § 650-87, unless relief has been granted by the Board of Adjustment, pursuant to N.J.S.A. 40:55D-36. In the case of townhouse and garden apartment complexes, every building shall be built such that all access is to an improved public street or improved private roadway connected with an improved public street.
(k)
Where a building lot has frontage on a street which the Master Plan or the Official Map of the Borough indicates is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.
(l)
No front yard shall be used for open storage of boats, trailers, vehicles or equipment except for passenger automobile parking on driveways. Boats, trailers or vehicles, other than those that are abandoned or in a state of disrepair as defined in the Residential Property Maintenance Code[2] or that are incapable of locomotion under their power, may be stored on paved material behind the front property setback. Under no circumstance may a vehicle, operable or not, be stored on a residential lawn. All open storage areas, other than a driveway, in other yard areas shall be suitably screened from view from a public street. No lot having a lot width of less than 70 feet shall have more than one driveway or a circular driveway.
(m)
Business establishments or uses shall not display goods for sale purposes, nor shall coin-operated vending machines of any type be installed in any location which would infringe upon the required yard areas specified in this article, except as provided for below.
[1]
Between the hours of 7:00 a.m. and 9:00 p.m., business establishments may display items or goods for sale purposes on a stand not to exceed four feet from the front building line, providing there is four feet of sidewalk space available for pedestrian traffic. The business establishment must first obtain a permit which must be issued annually by the Borough Zoning Department after inspection and payment of a fee of $50.
[2]
Restaurants may establish outdoor eating areas outside of their establishment, provided that there is four feet of sidewalk space available for pedestrian traffic. The restaurant establishment must first obtain a permit which must be issued annually by the Borough Zoning Department after inspection and payment of a fee of $50. Any tables and chairs used for outdoor dining shall be secured at closing time. Outdoor dining is only permitted between the hours of 7:00 a.m. and 11:00 p.m.
(n)
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this article either with respect to any existing structures or use and any proposed structures or use.
(o)
The limitations of signs as set forth for the various zones shall not apply to any sign or direction device erected by the federal, state, county or local government or agency thereof.
(p)
The limitations of sign area as set forth in Chapter 98[3] for the nonresidential zones shall not apply to parking lot markers, directional signs, entrance and exit signs and other such signs which are erected on the premises, provided that such signs do not exceed two square feet in area on any one side and do not contain any advertising of the use on the premises.
(q)
Fences may be erected, altered or reconstructed to a height not to exceed four feet above ground level when located in a front yard area or to a height six feet above ground level if located elsewhere on the lot, except that in no case shall any fence be higher than four feet above ground level when located beyond a projection of any front building line of any adjacent improved lots or the setback line of any adjacent unimproved lots. The finished face side of all fences shall face the adjacent property and/or street. To the extent that the provisions of § 46-136[4] are in conflict, the most restrictive shall apply.
(r)
No dwelling units or apartments shall be permitted on any floor level which is lower than 12 inches below finished grade.
(s)
Width of streets. Street line shall be no less than 25 feet and no more than 50 feet from the center line of the street.
(t)
Structures for transmitting electric currents prohibited. No person shall erect poles and towers for use in the transmission of electric currents nor poles and towers on which are strung wire for the transmission of electric currents; provided, however, that a permit for the erection of such structures may be granted in the manner provided by law for the granting of variances and exceptions from the provisions of this article where such structures are found not to be detrimental to the health, safety and general welfare of the Borough and reasonably necessary for its convenience.
(u)
Use regulations supersede district regulations; exceptions. The height, area, frontage, private garage and accessory building and parking regulations which apply to uses other than those permitted because permitted in another district shall apply to such uses wherever located; provided, however that the regulations of the zone where the use is located shall prevail wherever such regulations require that the structure has less area, bulk or height.
(v)
No Class 5 cannabis retailer shall be permitted within 500 feet of the property line of any other Class 5 cannabis retailer.
[Added 6-15-2022 by Ord. No. 2686-22]
(2)
Accessory structures in all zones.
(a)
Accessory structures not attached to the principal structure may be erected in the rear yard in accordance with the following regulations:
[1]
No accessory structure shall be permitted in a side or front yard.
[Amended 9-21-2022 by Ord. No. 2691-22]
[2]
No accessory structure shall be constructed on any lots in which there is not a principal building or structure.
[Amended 9-21-2022 by Ord. No. 2691-22]
[3]
Rear dwellings are prohibited and no accessory structure, including garages shall be used as dwellings.
[Amended 9-21-2022 by Ord. No. 2691-22]
[4]
In the Residence A, Residence B, Residence C, Residence D, Residence E and Residence F Zones, accessory structures may be erected in the rear yard not closer than five feet to the rear lot line and not closer than five feet to the side lot line. Accessory structures within these zones are limited to 15 feet in height, which is measured from the grade to the tallest point of the structure.
[Amended 9-21-2022 by Ord. No. 2691-22]
[5]
Accessory structures in nonresidential zones shall meet the setback requirements of the principal building.
[6]
In all nonresidential zones, the distance accessory structures shall be located from any principal structure shall be determined as part of site plan review.
(3)
Off-street parking and loading facilities.
(4)
Height regulations.
(a)
General application. No building or structure shall have a greater number of stories or greater height than permitted in the zone where such building or structure is located.
(b)
Permit exceptions.
[1]
Height limitations stipulated elsewhere in this article shall not apply to the following when attached to the principal structures: spires, belfries, cupolas and domes, monuments, chimneys, flagpoles, private radio and telephone antennas, fire towers, tanks, water towers and standpipes. All freestanding structures shall be considered as accessory structures and shall meet the height requirements as set forth in this article, except that freestanding light structures shall not exceed 16 feet in height in any zone.
[2]
Mechanical appurtenances, such as condensers, elevator penthouses, exhaust fans, air-conditioning equipment and other similar equipment, are exempt from height restrictions, provided that they do not extend more than 12 feet above the maximum height limitations, cover no more than 20% of the roof area, and are properly shielded by a parapet wall.
(c)
Where there is a limitation on stories, that portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the ceiling of the story beneath, shall not be considered a story but shall be considered as a permitted extension; however, the height from grade to the apex of the roof shall not exceed the height limitations for the zone, and provided further that the space between the roof and the ceiling below shall not be used for dwelling purposes.
(5)
Yard regulations.
(a)
Required yards shall be open to the sky and unprotected, except that parapets, windowsills, door posts, rainwater leaders and similar ornamental or structural fixtures may project up to one foot into such yards.
(b)
Cornices, eaves and chimneys and room air conditioners may project up to three feet into any minimum required front, side or rear yard as set forth in this article.
(c)
Patios may be located within any rear yard but shall be not less than seven feet from any property line. Central air-conditioning equipment shall be located in the rear yard only.
(d)
An open or lattice iron fire escape or fireproof outside stairway and a solid-floor open balcony to a fire tower may extend into a rear yard, provided that such extension is not more than five feet.
(e)
Bay windows that do not aggregate in width more than 1/3 of the frontage of the building may extend into a front yard, provided that such extension is not more than three feet.
(f)
Ground story porches and piazzas, either open or enclosed with glass as sun porches, may extend into a front yard, provided that such extension is not more than six feet.
(g)
Ornamental planters, antique wagons or sleds and other similar units shall be permitted in the front yard if deemed an acceptable use by the Roselle Board of Adjustment.
(6)
Lot regulations.
(a)
Lot width. On regularly shaped lots, the minimum lot width of any lot shall be measured at the front property line and required front yard setback line as required for the zone in which it is located and shall be maintained for a distance of not less than 40 feet to the rear of the required front yard setback line. Where lots form on culs-de-sac or curved streets, the minimum lot width is measured on the arc of right-of-way line.
(b)
Corner lots. The required front yard shall be maintained on both streets.
(c)
Through lots. Through lots shall be considered as having two street frontages, both of which shall be subject to the front yard requirements of this article.
(d)
Where a lot is bounded on three or more sides by roads, the side opposite the front yard shall be considered the rear yard and the minimum rear yard setback shall be maintained. The remaining frontage shall be considered side yard but the front yard setback shall be maintained for the side street.
(e)
Frontage upon a street. Every principal building shall be built upon a lot with the minimum required frontage upon an approved street which shall be improved in accordance with the street standards established by the Borough of Roselle.
(f)
Number of buildings restricted. There shall not be more than one principal structure on each lot in the Residence A and B Zones.
(7)
Uses, structures and buildings prohibited in the Borough of Roselle:
[Added[5] 8-21-2019 by Ord. No. 2603-19]
(a)
Pipeline prohibition. Pipelines which are not public utilities that distribute services to end users and are unregulated by the State of New Jersey Board of Public Utilities are prohibited within any zone in the Borough.
(b)
No cannabis establishment shall be allowed as a home occupation.
[Added 7-21-2021 by Ord. No. 2659-21]
(c)
No cannabis establishment shall be housed in a vehicle or any moveable or mobile structure.
[Added 7-21-2021 by Ord. No. 2659-21]
(d)
No cannabis establishment shall operate an outdoor cannabis consumption area within the Borough of Roselle.
[Added 7-21-2021 by Ord. No. 2659-21]
§ 650-89 Residence A Zone.
The regulations set forth in this section or set forth elsewhere in this article when referred to in this section are the regulations in the Residence A Zone.
A.
Purpose. The purpose of this zone district is to promote the development of appropriately zoned land within the Borough for single-family detached dwellings at a low density and to permit other compatible uses in accord with the spirit of this article.
B.
Use regulations. A building or premises shall be used only for the following purposes:
(1)
(2)
Permitted accessory uses.
(a)
Residential professional offices, provided that:
[1]
Not more than two employees, be they other professionals or staff employees, may be employed in the premises other than the residential professional.
[2]
The site must provide at least one off-street parking space for each professional and employee in addition to the required residential parking.
[3]
There shall be no display of goods or advertising.
[4]
Not more than 25% of the gross floor area of the principal building, excluding cellar area, shall be permitted to be used for a professional's office.
[5]
Notwithstanding the provisions of § 98-13.B,[1] the professional may display a nameplate or sign, not exceeding 72 square inches in area, indicating his or her name and the professional practice or use. Such nameplate sign shall be affixed to the door or wall adjacent to the entrance to the premises where such use is conducted or maintained.
[1]
Editor's Note: Original Ch. 98, Signs, adopted 7-29-1960, as amended, of the 1975 Code, was repealed and entirely replaced 10-22-2015 by Ord. No. 2523-15, and said chapter was redesignated as Ch. 620, Signs, at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 98-13B pertained to professional nameplates.
(c)
Family day-care home.
(d)
(e)
Customary residential storage buildings not in excess of 200 square feet of building area.
(f)
Shelters for domestic pets not in excess of 50 square feet of building area, exclusive of runs.
(h)
Other customary residential accessory structures such as private swimming pools, private tennis courts, fireplaces, trellises, post lights and the like.
C.
Bulk regulations.
(1)
Principal uses.
(a)
Minimum lot area: 6,000 square feet.
(b)
Minimum lot width and lot frontage: 60 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback: 25 feet.
(e)
Minimum side yard setback, each: five feet at the ground story level and seven feet at the second story level.
(f)
Minimum rear yard setback: 25 feet.
(g)
Maximum permitted impervious coverage: 40%.
(h)
Maximum permitted building height: 32 feet and 2.5 stories.
[Amended 9-21-2022 by Ord. No. 2691-22]
§ 650-90 Residence B Zone.
The regulations set forth in this section or set forth elsewhere in this article when referred to in this section are the district regulations in the Residence B Zone.
A.
Purpose. The purpose of this zone district is to promote the development of appropriately zoned land within the Borough for single-family detached dwellings and two-family dwellings and to permit other compatible uses in accord with the spirit of this article.
B.
Use regulations. A building or premises shall be used only for the following purposes:
(1)
(2)
Permitted accessory uses.
(a)
Residential professional offices, provided that:
[1]
Not more than two employees, be they other professionals or staff employees, may be employed in the premises other than the residential professional.
[2]
The site must provide at least one off-street parking space for each professional and employee in addition to the required residential parking.
[3]
There shall be no display of goods or advertising.
[4]
Not more than 25% of the gross floor area of the principal building, excluding cellar area, shall be permitted to be used for a professional's office.
[5]
Notwithstanding the provisions of § 98-13B,[1] the professional may display a nameplate or sign, not exceeding 72 square inches in area, indicating his or her name and the professional practice or use. Such nameplate sign shall be affixed to the door or wall adjacent to the entrance to the premises where such use is conducted or maintained.
[1]
Editor's Note: Original Ch. 98, Signs, adopted 7-29-1960, as amended, of the 1975 Code, was repealed and entirely replaced 10-22-2015 by Ord. No. 2523-15, and said chapter was redesignated as Ch. 620, Signs, at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 98-13B pertained to professional nameplates.
(c)
Family day-care home.
(d)
(e)
Customary residential storage buildings not in excess of 200 square feet of building area.
(f)
Shelters for domestic pets not in excess of 50 square feet of building area, exclusive of runs.
(h)
Other customary residential accessory structures such as private swimming pools, private tennis courts, fireplaces, trellises, post lights and the like.
C.
Bulk regulations.
(1)
Principal uses.
(a)
All principal uses, except for two-family dwellings.
[Amended 9-21-2022 by Ord. No. 2691-22]
[1]
Minimum lot area: 5,000 square feet.
[2]
Minimum lot width and lot frontage: 50 feet.
[3]
Minimum lot depth: 100 feet.
[4]
Minimum front yard setback: 25 feet.
[5]
Minimum side yard setback, each: five feet at the ground story level and seven feet at the second story level.
[6]
Minimum rear yard setback: 25 feet.
[7]
Maximum permitted impervious coverages: 40%.
[8]
Maximum permitted building height: 32 feet and 2.5 stories.
(b)
Two-family dwelling.
[1]
Minimum lot area: 7,000 square feet.
[2]
Minimum lot width and lot frontage: 70 feet.
[3]
Minimum lot depth: 100 feet.
[4]
Minimum front yard setback: 25 feet.
[5]
Minimum side yard setback, each: 10 feet.
[6]
Minimum rear yard setback: 25 feet.
[7]
Maximum permitted impervious coverage: 50%.
[8]
Maximum permitted building height: 32 feet and 2.5 stories.
[Amended 9-21-2022 by Ord. No. 2691-22]
§ 650-91 Residence C Zone.
The regulations set forth elsewhere in this article when referred to in this section are the zone regulations in the Residence C Zone.
A.
Purpose. The purpose of this zone district is to promote the development of appropriately zoned land within the Borough for single-family detached dwellings at a high density.
B.
Use regulations. A building or premises shall be used only for the following purposes:
(2)
Permitted accessory uses.
(a)
Residential professional office.
[1]
Not more than two employees, be they other professionals or staff employees, may be employed in the premises other than the residential professional.
[2]
The site must provide at least one off-street parking space for each professional and employee in addition to the required residential parking.
[3]
There shall be no display of goods or advertising.
[4]
Not more than 25% of the gross floor area of the principal building, excluding cellar area, shall be permitted to be used for a professional's office.
[5]
Notwithstanding the provisions of § 98-13B,[1] the professional may display a nameplate or sign, not exceeding 72 square inches in area, indicating his or her name and the professional practice or use. Such nameplate sign shall be affixed to the door or wall adjacent to the entrance to the premises where such use is conducted or maintained.
[1]
Editor's Note: Original Ch. 98, Signs, adopted 7-29-1960, as amended, of the 1975 Code, was repealed and entirely replaced 10-22-2015 by Ord. No. 2523-15, and said chapter was redesignated as Ch. 620, Signs, at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 98-13B pertained to professional nameplates.
(c)
Family day-care home.
(d)
(e)
Customary residential storage buildings not in excess of 200 square feet of building area.
(f)
Shelters for domestic pets not in excess of 50 square feet of building area, exclusive of runs.
(h)
Other customary residential accessory structures such as private swimming pools, private tennis courts, fireplaces, trellises, post lights and the like.
C.
Bulk regulations.
(1)
Principal uses.
(a)
Minimum lot area: 4,000 square feet.
(b)
Minimum lot width and lot frontage: 40 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback: 25 feet.
(e)
Minimum side yard setback, each: five feet.
(f)
Minimum rear yard setback: 25 feet.
(g)
Maximum permitted impervious coverage: 50%.
(h)
Maximum permitted building height: 32 feet and 2.5 stories.
[Amended 9-21-2022 by Ord. No. 2691-22]
§ 650-92 Residence D Zone.
The regulations set forth in this section or set forth elsewhere in this article when referred to in this section are the district regulations in the Residence D District.
A.
Purpose. The purpose of this zone district is to promote the development of appropriately zoned land within the Borough for garden apartments and multifamily dwellings at a high density.
B.
Use regulations. A building or premises shall be used only for the following purposes:
C.
Bulk regulations.
(1)
Principal uses, except for community residences.
[Amended 9-21-2022 by Ord. No. 2691-22]
(a)
Minimum lot area: 40,000 square feet.
(b)
Minimum lot width and lot frontage: 150 feet.
(c)
Minimum lot depth: 200 feet.
(d)
Minimum front yard setback: 35 feet.
(e)
Minimum side yard setback, each: 15 feet.
(f)
Minimum rear yard setback: 25 feet.
(g)
Minimum property line setback: 35 feet.
(h)
Interior setbacks between buildings: 30 feet.
(i)
Maximum permitted impervious coverage: 50%.
(j)
Maximum permitted building height: 50 feet and five stories.
(k)
Maximum permitted density: 38 units per acre.
(l)
Open space: 30% of the total tract area, dedicated for green open space, either for recreation or some other suitable use, public or private.
(2)
Community residences.
[Amended 9-21-2022 by Ord. No. 2691-22]
(a)
Minimum lot area: 6,000 square feet..
(b)
Minimum lot width and lot frontage: 60 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback: 25 feet.
(e)
Minimum side yard setback, each: five feet at the ground story level and seven feet at the second story level.
(f)
Minimum rear yard setback: 25 feet.
(g)
Maximum permitted impervious coverage: 40%.
(h)
Maximum permitted building height: 32 feet and 2.5 stories.
§ 650-93 Residence E Zone.
A.
Purpose. The purpose of this zone district is to promote the development of appropriately zoned land within the Borough for townhouse developments within the Borough.
B.
Use regulations. A building or premises shall be used only for the following purposes:
(2)
Permitted accessory uses.
(a)
Family day-care home.
(c)
One private attached or detached garage per townhouse unit. A private garage may not exceed 600 square feet of building area.
(d)
Customary residential storage buildings not in excess of 200 square feet of building area.
(e)
Shelters for domestic pets not in excess of 50 square feet of building area, exclusive of runs.
(3)
Conditional uses: (Reserved)
C.
Bulk regulations. Townhouse dwellings shall comply with the following regulations:
(1)
Area regulations.
(a)
Open space. Not less than 20% of the total tract area shall be dedicated for green open space, either for recreation or some other suitable use, public or private, as approved by the Planning Board. For the purpose of this subsection, individual lots or portions thereof shall not be construed as open space.
(b)
Development density. Each dwelling unit shall be constructed on an individual lot, and there shall be a minimum of 5,000 square feet of tract area per dwelling unit.
(c)
Individual lots.
[1]
Minimum width. The required average width of all individual lots shall be not less than 20 feet, and no individual lot shall have a width of less than 18 feet, said width to be measured at the actual building setback line for each individual lot.
[2]
Minimum area. The required average area of all individual lots shall be not less than 1,600 square feet, and no individual lot shall have an area of less than 1,400 square feet.
[3]
Front and rear yards. The required average for front and rear yards on all individual lots shall be not less than 25 feet, and no individual lot shall have a front or rear yard of less than 20 feet, except that where the front or rear property line of an individual lot abuts open space as defined in § 650-4B, which open space shall have a minimum dimension of 50 feet measured at right angles along the full length of the abutting property line, then the required average and minimum yard requirements set forth herein may be reduced by not more than 10 feet for the abutting yard.
[4]
Side yards. There shall be a single side yard of not less than 10 feet required only for each individual lot occupied by a semidetached dwelling unit.
(d)
Buildings.
[2]
Siting.
[a]
Each group of dwelling units shall be set back not less than 35 feet from principal or accessory arterial streets as designated in the Master Plan and not less than 25 feet from all other streets, roads or ways, whether public or private. New buildings shall not project closer to the street than the established on improved lots within 200 feet of the subject lot. However, in no case need the setback from any public street exceed 50 feet.
[b]
Each group of dwelling units within a tract shall set back not less than 30 feet from any other group of dwelling units within the same tract and shall be set back not less than 15 feet from the tract boundary line.
(2)
Private garages.
(a)
Design. All garages shall conform architecturally to and be of similar materials as the principal building in the development.
(b)
Location. Garages may be built into townhouses or may be constructed on individual lots or on common areas, subject to the approval of the Planning Board.
(c)
A garage not attached to a townhouse shall be set back at least 20 feet from a townhouse.
(3)
Ownership of common areas. Common areas of any tract utilized for a townhouse development which are not accepted by the Borough shall be deeded to a corporation, association, individual or individuals or other legal entity consisting of a majority of the property owners within the development for their use, control, management and maintenance. Any agreement providing for such ownership shall be reviewed and approved by the Borough Attorney to ensure that adequate safeguards are included guaranteeing the continuance of the agreement in perpetuity and protecting the Borough from harm. In any event said agreement shall give the Borough the right to perform maintenance and assess the cost to the property owners in the event said property owners fail to maintain the property in accordance with the agreement.
D.
Bulk regulations. Community residences shall comply with the following regulations:
[Added 9-21-2022 by Ord. No. 2691-22]
(1)
Minimum lot area: 6,000 square feet.
(2)
Minimum lot width and lot frontage: 60 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard setback: 25 feet.
(5)
Minimum side yard setback, each: five feet at the ground story level and seven feet at the second story level.
(6)
Minimum rear yard setback: 25 feet.
(7)
Maximum permitted impervious coverage: 40%.
(8)
Maximum permitted building height: 32 feet and 2.5 stories.
§ 650-94 Residence F Zone.
The regulations set forth in this section or set forth elsewhere in this article when referred to in this section are the district regulations in the Residence F Zone.
A.
Purpose. The purpose of this zone district is to promote the development of appropriately zoned land within the Borough for residential development at a high density.
B.
Use regulations. A building or premises shall be used only for the following purposes:
(1)
(2)
Permitted accessory uses.
(a)
Family day-care home.
(c)
(d)
Customary residential storage buildings not in excess of 200 square feet of building area.
(e)
Shelters for domestic pets not in excess of 50 square feet of building area, exclusive of runs.
C.
D.
Multifamily dwelling design standards. In addition to the design standards located in Article VI of this Chapter 650, the following design standards shall be followed:
(1)
Dwelling units. Each dwelling shall conform to the following requirements:
(a)
There shall be access to at least one bathroom without passing through any bedroom.
(b)
No dwelling unit or any portion thereof shall be permitted below the first floor of any multifamily dwelling.
(c)
A minimum storage area of not less than 500 cubic feet shall be provided for each dwelling unit within the same building. Such storage areas shall be exclusive of any garage or any closet within the dwelling unit.
(2)
Off-street parking.
(a)
The off-street parking requirements set forth in §§ 650-24 through 650-26 shall apply. In addition, the following regulations shall apply:
[1]
No parking shall be permitted within the front yard area. Driveways do not count as parking areas.
[2]
Borough Engineer certification required. The parking requirements as herein specified shall be certified by the Borough Engineer for adequacy in an appropriate space or box on the building plans before a building permit is issued by the Borough.
(3)
Drainage. Surface water shall be drained so as not to affect adversely abutting properties, and a plan prepared by a licensed professional engineer showing the proposed drainage design shall be submitted to and approved by the Borough Engineer. Said approval of the Borough Engineer shall appear on building plans submitted to the Building Inspector and shall be a prior condition to the issuance of the building permit.
(4)
Buffer. Where a multifamily dwelling abuts a residence located in the Residence A or Residence B Zone, a landscaped buffer shall be provided to minimize and screen any adverse impacts or nuisances on a site in accordance with the following:
(a)
The landscape buffer shall be a minimum of 10 feet wide, which shall be composed of seventy-five percent evergreens planted 10 feet on center.
(b)
The landscaped buffer shall include a mixture of shade trees, evergreens, ornamental trees and understory shrubs planted in a staggered fashion.
(c)
At the time of installation, shade trees shall be a minimum three-inch caliper, evergreens shall be a minimum eight feet in height, ornamental trees shall be a minimum of 10 feet in height, and understory shrubs shall be a minimum of 36 inches in height.
§ 650-95 Business/Commercial Zone.
A.
Purpose. The purpose of this zone district is to provide an appropriate location for retail and personal service uses within the Borough.
B.
Use regulations. A building or premises shall be used only for the following purposes:
(1)
Permitted principal uses.
(a)
Retail stores, which sell goods or merchandise to the general public.
(b)
Restaurants, except no drive-through windows shall be permitted.
(c)
Personal service establishments.
(d)
Business and professional offices.
(e)
Medical and health services.
(f)
Studios including dance, art, aerobic and music.
(g)
Child-care centers.
(h)
Residential uses, including apartments and condominiums, only on the upper floors of a structure. The maximum density for residential uses shall not exceed 10 units per acre.
(2)
Permitted accessory uses.
(b)
(d)
Street furnishings, including benches, planters, streetlights, etc.
(e)
Sidewalk cafes associated with a restaurant, in accordance with § 650-88D(1)(m).
(3)
Prohibited uses. The following uses are specifically prohibited from the Business/Commercial Zone:
(4)
Conditional uses, see § 650-102 for standards.
(a)
Antique, used furniture and used clothing stores.
(b)
Gasoline stations.
(c)
Automotive repair garage shall be permitted along First Avenue, which meet the conditions of § 650-102.
(d)
Automotive body shops shall be permitted along First Avenue, which meet the conditions of § 650-102.
(e)
Automotive sales and services shall be permitted along First Avenue, which meet the conditions of § 650-102.
(f)
Automotive sales lot shall be permitted along First Avenue, which meet the conditions of § 650-102.
(g)
Automotive service stations.
(h)
Drive-through pickup and deposit facilities.
(i)
Fast-food restaurants shall be permitted on parcels fronting on First Avenue and St. George Avenue, which meet the conditions for drive-through pickup facilities.
(j)
Public utility.
(l)
Cannabis retailer.
[Added 7-21-2021 by Ord. No. 2659-21; amended 6-15-2022 by Ord. No. 2686-22]
(m)
Cannabis cultivator.
[Added 6-15-2022 by Ord. No. 2686-22]
C.
Bulk regulations.
(1)
Principal uses.
(a)
Minimum lot area: 7,500 square feet.
(b)
Minimum lot width and lot frontage: 75 feet for an interior lot and 100 feet for a corner lot.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback: 10 feet.
(e)
Minimum side yard setback, each: 15 feet.
(f)
Minimum rear yard setback: 30 feet.
(g)
Maximum permitted impervious coverage: 80%.
(h)
Maximum permitted building height: 50 feet and five stories.
D.
Buffer. Where a nonresidential use abuts a residence located in the Residence A, Residence B, Residence C or Residence F Zone, a landscaped buffer shall be provided to minimize and screen any adverse impacts or nuisances on a site in accordance with the following:
(1)
The landscape buffer shall be a minimum of 10 feet wide, which shall be composed of seventy-five-percent evergreens planted 10 feet on center.
(2)
The landscaped buffer shall include a mixture of shade trees, evergreens, ornamental trees and understory shrubs planted in a staggered fashion.
(3)
At the time of installation, shade trees shall be a minimum three-inch caliper, evergreens shall be a minimum eight feet in height, ornamental trees shall be a minimum of 10 feet in height, and understory shrubs shall be a minimum of 36 inches in height.
E.
Design standards. In addition to the design standards located in Article VI of this Chapter 650, the following shall apply:
(1)
Purpose. The purpose of the design standards is to establish a set of principles and requirements to guide future development within the Business/Commercial Zone. These principles will enhance the Borough's commercial areas and encourage development at a scale that is pedestrian-oriented. The guidelines below work to provide standards that allow for flexibility and creativity while encouraging high-quality development. High-quality development is long-lasting and increases property values. The goal is to create buildings that are attractive, improve the Borough's image and enliven the streetscape.
(2)
Definitions.
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(3)
Articulation.
(a)
All street-facades building facades shall have a clearly defined base, body and cap. (See photo below for an example.)
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(b)
The base of the building shall align with the base panel, sill or lintel level of the first story. The body of a building may be horizontally divided at floor, sill or lintel levels with belt courses or other architectural elements.
(c)
The architectural treatment of a building facade shall be completely continued around all street-facing facades of a building.
(4)
Facade materials.
(a)
Brick and stone are highly durable building materials that extend the life of a building and reduce maintenance, which is particularly important for building facades. Where these materials exist as original materials, they should be stripped of applied siding materials and restored. Restoration may include cleaning, pointing, sealing and, where appropriate, painting.
(b)
Natural and synthetic stucco finishes can be combined with brick to create handsome facades. (See example below.)
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(c)
Large areas of blank stucco require additional detailing to create three-dimensional quality and a pedestrian-friendly scale. This can be accomplished in stucco or wood by recreating reveals, moldings, accent trim, fascias and cornices, as well as variations in color. Accent trim elements include window and storefront frames, roof cornices, shutters, trim, moldings, brick banding and other architectural details. (See example below.)
 |
(5)
Colors.
(a)
Subtle, complementary colors are suitable for facades and signage. Earth tones and natural masonry colors are preferable for the larger painted areas. The total number of colors for an entire building facade, including the facade, awning or canopy, and accent elements should be limited to four colors.
(b)
Brighter, punchy colors should be used sparingly for accent elements, not for large field surface areas. Anodized aluminum storefront window and door frames should be painted soft metallic colors. Aluminum gutters, downspouts and parapet capping should be painted a soft metallic color to blend in with the facade color. Steel fire escapes should be painted to blend in with the facade color.
(c)
For large areas of blank brick and stucco along side streets and backs of buildings facing onto public parking lots, painting with earth tones and natural masonry colors adds scale and improves the appearance significantly. Wall murals done in partnership with local organizations and artists should also be considered as part of a Borough pride project.
(d)
When choosing colors, consider how they complement adjoining storefronts and buildings. Building colors should not be chosen to stand out and compete for attention.
(6)
Traditional design elements.
(a)
Combine traditional facade elements such as storefront windows, awnings and canopies, projecting fascias, building lighting and signage to create distinctive buildings. Raised roof parapets offer an opportunity to create beautiful eaves and cornices. (See example below.)
 |
(b)
To organize and help unify a facade for a building with multiple storefronts, consider adding a wood-framed projecting fascia. The fascia acts as a canopy and can also provide the framework for concealed down-lighting. Work with businesses sharing the same building structure to develop a compatible approach to design.
(c)
Uncover and restore hidden facade elements such as existing cornices, fascias and brickwork patterns. Consider replacing aging window storefronts with bay windows and recessed doorways.
(d)
Roll-down security screens and roof-mounted billboards are not permitted within the Business/Commercial Zone.
(7)
Visual access.
(a)
Provide clear visibility into street level storefronts using large, transparent windows, good lighting and thoughtful window displays.
(b)
Ground floor uses in the Business/Commercial Zone shall have large pane display windows on all street-facing facades. Such windows shall be framed by the surrounding wall. A minimum of 60% of the total ground level facade area shall be transparent on each street-facing building facade. A building's "ground level facade area" is the area bounded by the side edges of the building and the plane coincident with the internal floor of the building and the internal ceiling of the building.
(c)
Window sills shall not be more than three feet above the sidewalk along the front facade of a building. Base panels or bulkheads are encouraged between the sidewalk and the window sills.
(d)
Windows shall be vertically proportioned (taller than wider) where possible.
(e)
Mirrored, frosted and tinted glass, glass blocks and interior blinds are not permitted at ground floor level on street-facing facades. Solar shades, which are constructed with a screen fabric that allows transparency, that have a 3% or higher openness factor are permitted at the ground floor level to assist with light control and glare reduction.
(f)
The lowest edge of awnings and facade projections must be at least eight feet above the sidewalk.
 |
(8)
Entrances.
(a)
All entrances to a building shall be defined, visible and adequately lit.
(b)
Entrances shall be defined and articulated by utilizing such elements as lintels, pediments, pilasters, columns, porticos, porches, overhangs, railings, balustrades and other such elements, where appropriate.
(c)
Federal law requires that entrances be accessible to handicapped patrons wherever feasible. People with physical disabilities should be able to use the same entrance as everyone else and be provided with an accessible route into the building. When renovating, use the Americans with Disabilities Act Accessibility Guidelines with the assistance of Building Officials to determine the adequacy of proposed renovations in addressing the needs of the disabled.
(9)
Awnings.
(a)
Awnings add interest and visual depth to a storefront. They create shelter from sun and rain, provide an opportunity for good graphics and color and create a covered area for displaying merchandise.
(b)
Awnings are only permitted above ground level doors and windows.
(c)
The lower edge of an awning shall be at least eight feet above the sidewalk at its leading edge. (See diagram below) The length of the awnings shall be limited to the width of the storefront lintel opening.
 |
(d)
When awnings occur within the same building structure, they shall be compatible in style, color, dimension and mounting height.
(e)
Awnings shall be made of fire-resistant canvas, cloth or durable architectural standing seam metal.
(10)
Building lighting.
(a)
Building exteriors are encouraged to use lighting to highlight businesses, enliven the Commercial/Business Zone at night and create a safe streetscape. This is a signal to motorists that the zone is "open for business" and contributes a sense of safety to the building and street. Continuity of lighting across multiple businesses within the same building structure is a unifying design element and helps create a sense of neighborhood, which is recommended.
(b)
Surface lighting shall be aimed directly at the facade, parapet or signage and away from traffic. Light spillage or glare onto adjacent parcels is not permitted. Moving and automated lighting creates visual distractions and is not permitted. The use of energy-efficient lighting is encouraged.
(11)
Roof.
(a)
If a building has a flat roof, a parapet shall project vertically to hide any roof-mounted mechanical equipment. Additionally, a cornice shall project out horizontally from the facade and shall be ornamented with moldings, brackets or other details.
(b)
Rooftop heating, ventilating and air-condition systems, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be inconspicuous as viewed from the street.
§ 650-96 Professional Office Zone.
The regulations set forth in this section or set forth elsewhere in this article, when referred to in this section, are the district regulations in the Professional Office Zone.
A.
Purpose. The purpose of this zone district is to provide an appropriate location for professional offices along Chestnut Street. The zone district is intended to allow for the conversion of existing residential structures for office uses and limited personal services, while preserving the residential character, scale and features of the buildings and the streetscape.
B.
Use regulations. A building or premises shall be used only for the following purposes:
(2)
Permitted accessory uses.
(b)
(c)
Residential professional office.
[1]
Not more than two employees, be they other professionals or staff employees, may be employed in the premises other than the residential professional.
[2]
The site must provide at least one off-street parking space for each professional and employee in addition to the required residential parking.
[3]
There shall be no display of goods or advertising.
[4]
Not more than 25% of the gross floor area of the principal building, excluding cellar area, shall be permitted to be used for a professional's office.
[5]
Notwithstanding the provisions of § 98-13B,[2] the professional may display a nameplate or sign, not exceeding 72 square inches in area, indicating his or her name and the professional practice or use. Such nameplate sign shall be affixed to the door or wall adjacent to the entrance to the premises where such use is conducted or maintained.
[2]
Editor's Note: Original Ch. 98, Signs, adopted 7-29-1960, as amended, of the 1975 Code, was repealed and entirely replaced 10-22-2015 by Ord. No. 2523-15, and said chapter was redesignated as Ch. 620, Signs, at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 98-13B pertained to professional nameplates.
(e)
Customary residential storage buildings not in excess of 200 square feet of building area associated with a one-family dwelling.
(h)
Other customary residential accessory structures such as private swimming pools, private tennis courts, fireplaces, trellises, post lights and the like.
C.
Bulk regulations.
(1)
Principal uses.
(b)
Minimum lot width and lot frontage: 50 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback: 25 feet.
(e)
Minimum side yard setback, each: seven feet.
(f)
Minimum rear yard setback: 30 feet.
(g)
Maximum permitted impervious coverage: 60%.
(h)
Maximum permitted building height: 32 feet and two stories.
[Amended 9-21-2022 by Ord. No. 2691-22]
D.
Landscaping and buffers.
(1)
Landscaping. Front yards and such portions of rear and side yards not allocated for off-street parking shall be attractively planted with trees, shrubs and grass lawns.
(2)
Buffers. Where a nonresidential use abuts the Residence A Zone a landscaped buffer shall be provided to minimize and screen any adverse impacts or nuisances on a site in accordance with the following.
(a)
The landscape buffer shall be a minimum of 10 feet wide, which shall be composed of 75% evergreens planted 10 feet on center.
(b)
The landscaped buffer shall include a mixture of shade trees, evergreens, ornamental trees and understory shrubs planted in a staggered fashion.
(c)
At the time of installation, shade trees shall be a minimum three inch caliper, evergreens shall be a minimum eight feet in height, ornamental trees shall be a minimum of 10 feet in height and understory shrubs shall be a minimum of 36 inches in height.
E.
Building design.
(1)
All new construction, additions and renovations in this zone district shall be designed to convey a residential scale and shall be compatible with the architectural design of the existing residence.
(2)
Additions or renovations to residences shall respect the structure's features and maintain its original scale, proportion and organization of architectural elements (i.e., columns, shutters, cornice, dormers, molding and windows).
(3)
Front porches shall not be enclosed and converted to work space.
§ 650-97 Industrial Zone.
The regulations set forth in this section or set forth elsewhere in this article when referred to in this section are the zone regulations in the Industrial Zone.
A.
Purpose. The purpose of the Industrial Zone is to provide for the expansion and development of light industrial land uses in the Borough of Roselle to provide for a compatible land use relationship; to restrict the emission of any environmental pollutants; and to provide for the safe and efficient flow of vehicles to and from industrial areas.
B.
Use regulation. A building or premises shall be used only for the following purposes:
(1)
Permitted principal uses.
(a)
Office buildings for executive, engineering and administrative purposes but not professional or general offices.
(b)
Scientific or research laboratories, but not including manufacturing, comprising any of the following: biological, chemical, dental, pharmaceutical and general research.
(c)
The following manufacturing, processing, packaging or assembly use, provided that they can demonstrate the capability to maintain the performance standards set forth in Article V of Chapter 650 at all times in this operation:
[1]
Manufacturing of light machinery.
[2]
Fabrication of metal products.
[3]
Fabrication of paper products, including but not limited to the following: bags, books, bookbinding, boxes and packaging materials, office supplies and toys.
[4]
Fabrication of wood products, including but not limited to any of the following: boats, boxes, cabinets and woodworking, furniture and toys.
[5]
Food and associated industries, including but not limited to the following: bakeries, bottling of food and beverages, food and cereal mixing and milling, food processing, food sundry manufacturing, ice cream manufacturing.
[6]
Other permissible manufacturing use comprising any of the following: brush and broom manufacturing, electronic products, glass and glass products manufacturing, jewelry manufacturing, including polishing, laundering and cleaning establishments, leather goods manufacturing except curing, tanning and finishing of hides, sporting goods manufacturing, warehouses and storehouses.
[7]
In addition to the above, any industry not inconsistent with the above that are totally similar in purpose, function, character and effort.
(d)
Wholesale sales and distribution.
(e)
Contractors storage yards and other such outdoor storage of equipment and vehicles, provided that no such area is within the existing or required front yard area, whichever is smaller and is screened by fencing or landscaping from public view, from a public street or from an adjacent residential zone.
(f)
Cannabis delivery service.
[Added 7-21-2021 by Ord. No. 2659-21]
(g)
Cannabis manufacturer.
[Added 7-21-2021 by Ord. No. 2659-21]
(h)
Cannabis wholesaler.
[Added 7-21-2021 by Ord. No. 2659-21]
(i)
Cannabis distributer.
[Added 7-21-2021 by Ord. No. 2659-21]
C.
Bulk standards.
(1)
Principal uses.
(a)
Minimum lot area: 10,000 square feet.
(b)
Minimum lot width and lot frontage: 100 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback: 35 feet.
(e)
Minimum side yard setback: one side five feet, one side 15 feet.
(f)
Minimum rear yard setback: 15 feet, except where rear yard abuts a residence zone a rear yard shall be 15 feet at ground-story level, 20 feet at second-story level and 25 feet at third-story level.
(g)
Distance between buildings: 20 feet.
(h)
Maximum permitted impervious coverage: 80%.
(i)
Maximum permitted building height: 45 feet and three stories.
E.
Landscaping and buffer.
(1)
Landscaping. Each use established in this zone shall set aside 15% of the tract for seeding and landscaping and use this area for no other purpose. All front yards shall be attractively planted with trees, shrubs and grass lawns.
(2)
Buffer. Wherever a use in this zone is on a lot which abuts a residence zone, or residential use, a ten-foot wide buffer area shall be provided adjacent to the residence zone boundary to minimize and screen any adverse impacts or nuisances on a site in accordance with the following:
(a)
The landscape buffer shall be a minimum of 10 feet wide, which shall be composed of seventy-five-percent evergreens planted 10 feet on center.
(b)
The landscaped buffer shall include a mixture of shade trees, evergreens, ornamental trees and understory shrubs planted in a staggered fashion.
(c)
At the time of installation, shade trees shall be a minimum three-inch caliper, evergreens shall be a minimum eight feet in height, ornamental trees shall be a minimum of 10 feet in height, and understory shrubs shall be a minimum of 36 inches in height.
(3)
Enclosure. All industrial activities or processes shall take place within an enclosed building. Incidental storage of materials and equipment out of doors shall be shielded from any adjacent public street or adjacent lots by fencing, landscaping or other appropriate measures and shall not be without in the existing or required yard areas facing the street or streets. If the property abuts residential property, a wood or vinyl board-on-board fence, eight feet high, shall be installed on all side and rear property lines abutting the residential zone.
G.
Prohibited uses. The following uses or activities are specifically prohibited in this zone:
(1)
Auction markets.
(2)
Automobile wrecking yards, junkyards or disassembly yards, or the sorting or bailing of scrap, metal, paper, rags or other scrap material.
(3)
Gas (illuminating or heating) storage, except for consumption on premises.
(4)
Incineration, reduction, storage dumping of slaughterhouse refuse, rancid fats, garbage, trash, sewerage, refuse, junk, dead animals or offal, except by the municipality or its agents.
(5)
Petroleum or its derivatives except when stored in underground tanks and not in excess of 40,000 gallons of fuel oil or 20,000 gallons of gasoline or kerosene.
(6)
Residential dwelling units.
§ 650-98 Public Use Zone.
The regulations set forth in this section or set forth elsewhere in this article when referred to in this section are the zone regulations in the Public Use Zone.
A.
Purpose. The purpose of this zoning district is to provide zoning to address publicly owned tracts where public administrative, educational and recreational lands presently exist.
B.
C.
Bulk standards.
(1)
Principal uses.
(a)
Minimum lot area: none.
(b)
Minimum lot width and lot frontage: none.
(c)
Minimum lot depth: none.
(d)
Minimum front yard setback: 25 feet.
(e)
Minimum side yard setback, each: 15 feet.
(f)
Minimum rear yard setback: 25 feet.
(g)
Maximum permitted impervious coverage: 60%.
(h)
Maximum permitted building height: 45 feet and three stories.
D.
Other standards.
(1)
Nothing herein shall be deemed to rezone a parcel simply because it is purchased, deeded to or confiscated by a public entity. Any such parcel shall continue to be regulated by the requirements of the zone in which it is located.
(2)
In the event of any such lands being abandoned with respect to their use, and any such land in which public use shall have ceased, then prior to the transfer of such lands from the public body to a private owner and upon proper application to the Roselle Planning Board by the public body owning said lands, the Roselle Planning Board shall thereafter recommend to the Roselle Borough Council the appropriate zoning classification that would be in the best interest of the Borough and without detriment to the Zoning Plan and Ordinance and, upon receipt of the recommendation from the Planning Board, the Roselle Borough Council shall, by ordinance, after public hearing, taking into account said recommendation, arrive at a determination establishing the zoning classification for said lands.
§ 650-99 Commercial-Industrial Zone.
A.
Purpose. The purpose of the Commercial-Industrial Zone is to provide for the development of commercial and compatible light industrial uses along West First Avenue, which has gradually seen a transition from industrial to commercial use. It is the intent of this section to foster commercial development and compatible light industries in this zone.
B.
Use regulation. A building or premises shall be used only for the following purposes:
(1)
Permitted uses.
(a)
Retail stores, which sell goods or merchandise to the general public.
(b)
Restaurants, except no drive-through windows shall be permitted.
(c)
Personal service establishments.
(d)
Medical and health services.
(e)
Studios, including dance, art, aerobic and music.
(f)
Child-care centers.
(g)
Office buildings for executive, engineering and administrative purposes, but not professional or general offices.
(h)
Scientific or research laboratories, but not including manufacturing, comprising any of the following: biological, chemical, dental, pharmaceutical and general research.
(i)
The following manufacturing, processing, packaging or assembly use, provided that they can demonstrate the capability to maintain the performance standards set forth in Article V of Chapter 650 at all times during operation:
[1]
Fabrication of paper products, including but not limited to the following: bags, books, bookbinding, boxes and packaging materials, office supplies and toys.
[2]
Fabrication of wood products, including but not limited to any of the following: boats, boxes, cabinets and woodworking, furniture and toys.
[3]
Food and associated industries, including but not limited to the following: bakeries, bottling of food and beverages, food and cereal mixing and milling, food processing, food sundry manufacturing, ice cream manufacturing.
[4]
Other permissible manufacturing use comprising any of the following: brush and broom manufacturing, electronic products, glass and glass products manufacturing, jewelry manufacturing, including polishing, laundering and cleaning establishments, leather goods manufacturing establishments, leather goods manufacturing, except curing, tanning and finishing of hides, sporting goods manufacturing, warehouses and storehouses.
[5]
In addition to the above, any industry not inconsistent with the above that is totally similar in purpose, function, character and effort.
(j)
Wholesale sales and distribution.
(k)
[1]Cannabis delivery service.
[Added 7-21-2021 by Ord. No. 2659-21]
[1]
Editor's Note: Former Subsection B(1)(k), regarding mixed-use structures, was repealed 4-19-2023 by Ord. No. 2706-23. This ordinance also redesignated former Subsection B(1)(l) through (o) as Subsection B(1)(k) through (n), respectively.
(l)
Cannabis manufacturer.
[Added 7-21-2021 by Ord. No. 2659-21]
(m)
Cannabis wholesaler.
[Added 7-21-2021 by Ord. No. 2659-21]
(n)
Cannabis distributor.
[Added 7-21-2021 by Ord. No. 2659-21]
(2)
(3)
Conditional uses, see § 650-102 for standards.
(a)
Antique, used furniture or clothing store.
(b)
Automotive body repair garage.
(c)
Automotive gasoline station.
(d)
Automotive repair garage other than body.
(e)
Automotive sales lot.
(f)
Automotive sales and service.
(g)
Car wash.
(h)
Churches, synagogues and places of worship.
(i)
Drive-through pickup and deposit facilities for retail stores.
(j)
Public utility.
(l)
Cannabis retailer.
[Added 7-21-2021 by Ord. No. 2659-21; amended 6-15-2022 by Ord. No. 2686-22]
(m)
Cannabis cultivator.
[Added 6-15-2022 by Ord. No. 2686-22]
C.
Bulk regulations.
(1)
Principal uses.
(a)
Minimum lot area: 7,500 square feet.
(b)
Minimum lot width and lot frontage: 75 feet for interior lots and 100 feet for corner lots.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback: 25 feet.
(e)
Minimum side yard setback, each: 15 feet.
(f)
Minimum rear yard setback: 30 feet.
(g)
Distance between buildings: 30 feet.
(h)
Maximum permitted impervious coverage: 70%.
(i)
Maximum permitted building height: 40 feet and three stories.
F.
Landscaping and buffer.
(1)
Landscaping. Each parcel established in this zone shall set aside 15% of the tract for seeding and landscaping, and use this area for no other purpose. All front yards shall be attractively planted with trees, shrubs and grass lawns.
(2)
Fence and buffer area.
(a)
No structure shall be erected without the construction of a wood or vinyl board-on-board fence six feet high of uniform construction along the boundary line of an abutting residential zone, except that if the building faces the residential zone a fence shall not be required in the front of the building.
(b)
The buffer area shall be used for no other purposes than as set forth in this subsection. The landscape buffer shall be a minimum of 10 feet wide, which shall be composed of seventy-five-percent evergreens planted 10 feet on center.
(c)
The landscaped buffer shall include a mixture of shade trees, evergreens, ornamental trees and understory shrubs planted in a staggered fashion.
(d)
At the time of installation, shade trees shall be a minimum three-inch caliper, evergreens shall be a minimum eight feet in height, ornamental trees shall be a minimum of 10 feet in height, and understory shrubs shall be a minimum of 36 inches in height.
(3)
Enclosure. All industrial activities or processes shall take place within an enclosed building. Incidental storage of materials and equipment out of doors shall be shielded from any adjacent public street or adjacent lots by fencing, landscaping or other appropriate measures and shall not be without in the existing or required yard areas facing the street or streets. If the property abuts residential property, a wood or vinyl board-on-board fence, eight feet high, shall be installed on all side and rear property lines abutting the residential zone.
§ 650-100 Miscellaneous provisions.
A.
Swimming pools. The provisions of §§ 407-1, 407-2, 407-5 and 407-11 are incorporated by reference herein. The Board of Adjustment shall have jurisdiction to entertain appeals of the Building Inspector's decisions in conformance with N.J.S.A. 40:55D-70a and 40:55D-70b and for variances pursuant to N.J.S.A. 40:55D-70c and 40:55D-70d from §§ 407-1, 407-2, 407-5 and 407-11 only. All other sections of Chapter 407 shall be deemed exercises of the Borough's police powers not zoning.
B.
Signs. The provisions of Chapter 98,[1] are incorporated by reference herein. The Board of Adjustment shall have jurisdiction to entertain appeals from the Building Inspector's decision in conformance with N.J.S.A. 40A:55D-70a and 55D-70b and for variances pursuant to N.J.S.A. 40:55D-70c and 55D-70d from the following sections of the chapter only: §§ 98-1, 98-21, 98-22, 98-23, 98-24, 98-25, 98-26 and 98-27.[2] To the extent that § 98-24A(5) provides for an appeal to the Roselle Borough Council, that provision is hereby repealed.
[2]
Editor's Note: As noted above in this subsection, original Ch. 98 was repealed and replaced. Section 98-1 contained definitions; the other listed sections were as follows: § 98-21, Ground signs; § 98-22, Wall signs; § 98-23 (Reserved); § 98-24, Projecting signs; § 98-25, Temporary signs; § 98-26, District restrictions on permitted signs; and § 98-27, Nonconforming signs.
C.
Nonconforming uses or structures.
(1)
Continuance. Except as otherwise provided in this article, the lawful use of land or buildings existing at the date of the adoption of this article may be continued although such use of building does not conform to the regulations specified by this article for the zone in which such land or building is located; provided, however, that:
(2)
Restoration. Except as in Subsection C(4) below, any nonconforming use or structure damaged by fire, casualty or act of God may be repaired, restored, reconstructed or used as before, provided that the area of such use or structure shall not exceed the area which existed prior to such damage and further provided that the nonconforming use or structure has not been abandoned.
(3)
Destruction. No nonconforming structure or use which is more than partially destroyed may be reconstructed unless it meets all bulk requirements of this article.
(4)
Repairs. Normal maintenance and repair of a structure containing nonconforming use is permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use and does not increase the number of dwelling units. Nothing in this article shall prevent the strengthening or restoring to a safe or lawful condition any part of any building or structure declared unsafe or unlawful by the Construction Official or other authorized state or Borough official.
(5)
Abandonment. A nonconforming use is abandoned according to law.
(6)
Reversion. No nonconforming use shall, if once changed into a conforming use, be changed back again to a nonconforming use.
(7)
Zone changes. Wherever the boundaries of a zone shall be changed so as to transfer an area from one zone to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.
D.
Width of streets. Street lines shall be no less than 25 feet and no more than 50 feet from the center line of the street.
E.
Structures for transmitting electric currents prohibited. No person shall erect poles and towers for use in the transmission of electric currents nor poles and towers on which are strung wires for the transmission of electric currents; provided, however, that a permit for the erection of such structures may be granted in the manner provided by law for the granting of variances and exceptions from the provision of this article where such structures are found not to be detrimental to the health, safety and general welfare of the Borough of Roselle and reasonably necessary for its convenience.
F.
Mobile units. Mobile units, as defined in Section 201.0 of the BOCA National Building Code[3] as "a structure of vehicular, portable design built on a chassis and designed to be moved from one site to another and to be used with or without a permanent foundation," shall be prohibited from use in all districts.
(1)
No mobile unit shall be altered or modified so that its definition can be changed.
(2)
No mobile unit shall be placed in any district and referred to as a pre-manufactured assembly, accessory building, storage shed, diner, office building, clubhouse, ticket booth, amusement stand, medical unit, workshop, hot dog, pizza or soft drink stand and similar usage.
(3)
Exceptions to the foregoing subsections are:
(a)
Mobile units used for the purpose of emergency housing due to fire or flooding, with permission and time stipulation as set by Mayor and Council.
(b)
Mobile units that are used only and exclusively as a job office on a construction site, under a Roselle Borough building permit and only for the duration of that project.
(c)
Any emergency or acceptable use as deemed necessary by the Roselle Zoning Board of Adjustment.
§ 650-101 Certificates of occupancy; fee.
A.
Issuance by Building Inspector. It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter created, erected, changed, converted or enlarged or which has a change of ownership or lessee, wholly or partly, in its use of any building whose ownership or occupancy has been changed wholly or partly, until a certificate of use, to effect that the building or premises or part hereof so created, erected, changed, converted or enlarged or which has a change of ownership or lessee conforms to the provisions of all applicable codes and ordinances, shall have been issued by the Building Inspector within 20 days after a request for the same shall be filed in his office by any owner of such building or premises if the proposed use thereof conforms to all the requirements herein set forth, except that no certificate of use shall be issued where title to premises is derived, directly or indirectly, through a deed from the Borough of Roselle in which a covenant, condition or restriction is imposed by the Borough of Roselle and where said covenant, condition or restriction has not been complied with by the applicant or his predecessors in title.
B.
Temporary certificate. A temporary certificate of use may be issued by the Building Inspector, provided that the building has complied with the requirements of the ordinances of the Borough of Roselle.
C.
Existing premises. Upon written request by the owner, the Building Inspector shall issue a zoning permit for any building or premises certifying, after inspection, the use made of the building or premises and whether such use conforms to all applicable ordinances of the Borough of Roselle.
D.
The cost of inspection and certificate for one and two-family dwellings shall be $40 and $10 for the certificate of compliance or zoning permit; all other uses will cost $100 for the inspection and $25 for the certificate of use or zoning permit, and inspections shall be made by one inspector.
E.
All fees hereinbefore referred to shall cover two inspections made on one application. Any inspections over two will require a reinspection fee of $20. Someone must be present at the site for the inspection to be made.
§ 650-102 Conditional uses.
A.
Guiding principles. Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of the Borough, and at the same time recognizing that such uses may be or become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and character of the surrounding area, such uses are hereby designated as conditional uses. The Roselle Planning Board shall have the original jurisdiction for the granting of a conditional use pursuant to and established by this article, under the following stipulations and guiding principles:
(1)
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the:
(a)
Character of the neighborhood.
(b)
Conservation of property values.
(c)
Health and safety of residents and workers on adjacent properties and in the surrounding neighborhood.
(d)
Potential congestion of vehicle traffic or creation of undue hazard.
(e)
Stated principles and objectives of this article and the Master Plan of the Borough.
(2)
In addition, such conditional uses shall adhere to such additional conditions and safeguards as, in the opinion of the Roselle Planning Board, will implement the intent and objectives of this article.
B.
Permitted conditional uses.
(1)
Public utility uses, such as water filtration plants, sewerage disposal plants, pumping stations, high-voltage transmission lines and towers, electric substations, telephone exchanges and repeater stations, but not service or storage yards, subject to the following:
(a)
Proof is furnished that the proposed installation in the specific location is necessary for the efficiency of the public utility system and that the satisfactory and convenient provisions of service to the neighborhood or area in which the facility is to be located.
(b)
The design of any building or structure required for such use conforms to the general character of the area in which it is located.
(c)
All bulk regulations for the zone in which the use is to be located must be complied with.
(d)
The lot on which the building is located is sufficient in size to adequately accommodate the proposed facility, together with any parking space required to serve the facility without any of the structural portions of the use or parking facilities being closer than 25 feet to adjacent properties.
(e)
Where a public utility abuts a residential zone, it shall provide a board-on-board fence six feet in height to screen the public utility.
(2)
Public schools and private schools and institutions of higher learning operated by charitable, religious or eleemosynary organizations, which are not conducted as a business, subject to the following:
(a)
The site area is five acres plus one additional acre for every 100 pupils or portion thereof of maximum capacity.
(b)
The lot coverage does not exceed 15%.
(c)
No structure is located within 75 feet of a street or property line.
(d)
Sufficient off-street parking space shall be provided to ensure that the use will not cause parking in a public street during the course of normal educational programs.
(3)
Automotive gasoline, service, repair, body shops, sales and service. Conditions regarding automotive gasoline, service, repair, sales and service and sales lots shall be as follows:
(a)
Requirements.
[1]
In each of the above cases, the use is permitted, subject to the following requirements:
Type of Use | Minimum Lot Size (square feet) | Minimum Lot Frontage (feet) | Maximum Building Coverage (percent) | Maximum Lot Coverage (percent) |
|---|---|---|---|---|
Automotive gasoline station | 20,000 | 150 | 20% | 80% |
Automotive service station | 40,000 | 200 | 20% | 80% |
Automotive repair garage | 40,000 | 200 | 45% | 80% |
Automotive body shop | 40,000 | 200 | 45% | 80% |
Automotive sales and service | 80,000 | 200 | 25% | 80% |
Automotive sales lot (includes used car lots) | 20,000 | 100 | 20% | 80% |
[2]
In addition, if the Planning Board finds that the nature of the particular use proposed, either by virtue of scale, intensity of use, hazard or other such considerations is such that a larger site is in the public interest, then it shall impose such additional requirements.
(d)
Fuel tanks.
[1]
All fuel tanks or other such containers for the storage of flammable materials, either liquid or solid, may be installed underground at sufficient depth to ensure against a hazard of fire or explosion as a minimum. Underground fuel storage tanks shall be placed at least 10 feet from any structure. Tanks having a capacity of 6,000 gallons or more shall be at least 20 feet from any structure.
[2]
Any tanks which are to be installed above the ground must have a state-approved tank which is constructed and housed in a vault, with a double containment system, and which provides a two-hour fire wall meeting the Fire Code requirements.
[3]
All tanks must meet the NFPA Code requirements for location by an existing structure and property.
[4]
No tanks of over 1,000 gallons shall be located above the ground.
(e)
Canopies. A cantilever cover or canopy may be permitted to extend into the front yard, provided that it is at least 25 feet from the front property line and 25 feet from any residence zone.
(f)
Curb cuts and driveway.
[1]
On a corner lot, a driveway shall be at least 25 feet from the street intersection as measured along the property line.
[2]
Driveways shall be no less than 20 feet and no more than 30 feet wide. The driveway shall be flared or slated at the curbline to facilitate auto ingress and egress.
[3]
Curb cuts shall be no less than 10 feet from any adjacent property line.
[4]
Any two driveways giving access to a single street shall be separated by a curbed island of at least 20 feet.
[5]
A raised curb of at least six inches in height shall be provided along the street property lines, except for driveway openings.
[6]
There shall not be more than two curb cuts providing access to any one street.
[7]
Curb cuts shall be no closer than 50 feet to a Residence A or B Zone.
[8]
Lighting. All lighting shall be so designed, arranged and installed as to reflect all light down and away from adjoining properties.
[9]
Pavement. All parking, access and driveway areas shall be paved with a permanent surface, such as macadam with proper drainage so as not to affect adjacent property owners.
[10]
Location of air or fuel pumps and filler pipes (automotive service and gasoline stations only). All pump islands shall be a minimum of 25 feet from any adjacent property line and 20 feet from any public right-of-way.
(g)
Accessory buildings. All lifts, lubrication equipment, service pits and goods for sale shall be enclosed within the service stations. Outdoor display of products or cars for sale or rental shall not be permitted from an accessory building. Accessory buildings shall not be permitted except for the temporary storage of trash or garbage.
(h)
Accessory uses.
[1]
The sale or rental of cars, trucks, trailers, boats or any other vehicles on the premises of an automotive service station shall be prohibited.
[2]
The storage of cars, trucks, trailers, boats or any other vehicle not being serviced or repaired on the premises of an automotive gasoline station, automotive service station or automotive repair garage shall be prohibited.
[3]
All other activities are prohibited, including trailer or motor vehicle rental. Storage of any vehicle requiring body work or which is inoperable because of major repairs required shall not be permitted except at an automotive repair garage, body shop or automotive sales and service.
[4]
No commercial automobile repair work shall be done out of doors except for emergencies and the storage of inoperable vehicles classified junk cars shall not be permitted.
(i)
Landscaping buffers and screening shall be provided as follows. In all zones where the above automotive services are permitted as a use by special exception, the following minimum requirements shall be met.
[1]
A minimum landscaped area five feet wide shall be provided along all property lines abutting public streets, except where curb cuts are permitted.
[2]
All buffers and landscaped areas shall be protected from adjacent parking areas by curbs or concrete, metal or wood bumpers at least six inches in height and securely anchored into the ground.
[3]
Service areas and parking areas shall be screened from abutting properties. A minimum of a six-foot, architecturally solid fence shall be erected on all property lines except the front property line.
[4]
All street trees and on-site deciduous shade trees shall be not less than three inches in caliper, measured one foot above the root crown.
[5]
A satisfactory amount of evergreen plant material shall be included in the planting, this to be judged on an individual basis by the Borough. Evergreen trees shall not be less than six feet in height.
[6]
Where an automotive use, as permitted above, abuts a residential zone, a ten-foot buffer must be established and maintained in an addition to the solid architectural fence. This buffer shall be attractively landscaped with evergreen and shrubs.
[7]
All landscaping shall be maintained in a manner satisfactory to the Borough Engineer at all times.
(j)
Parking facilities shall be maintained as follows:
[1]
Two square feet of space for each square foot of floor area in the principal building. No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the parking requirements of this section.
(k)
The walls of the principal structure shall be at least 25 feet from the side and rear property lines at least 40 feet from a street right-of-way line.
(l)
Signs erected in conjunction with the use shall be limited as follows:
[1]
One freestanding identification sign which does not exceed 40 square feet on any one side nor 20 feet in height. Such sign may be illuminated but illumination shall be from within and be nonflashing. Illumination signs may be any color except red or green. Such signs may be located in the front yard area but shall not be closer than 10 feet to a street line.
[2]
Two signs may be mounted on the front facade of the building, provided that the total area of such signs does not exceed 20% of the area of the front facade, including window and door area.
[3]
Temporary signs advertising sales, premiums and other such temporary activities may be mounted on the window or door surfaces of the structures, provided that the total of such signs at any one time does not exceed 20 square feet.
[4]
The commercial use of flags or the use of windmills, banners, flashing or animated signs is prohibited, other than for a period of seven days from the date of opening of a new establishment.
(m)
Motor vehicle supplies may be displayed out-of-doors on the pump island end and the building island only and shall be stored in a suitable rack or container.
(n)
All repair and services other than fuel pumping shall take place within the principal structure.
(4)
Churches, synagogues, places of worship; Sunday school buildings. Conditions regarding churches, synagogues or places of worship, including parish houses, parochial and Sunday school buildings shall be as follows:
(a)
A written statement setting forth the full particulars of the intended use must be filed in triplicate with the Planning Board. Such statement must include the estimated seating capacity, worship schedule and a description of activities likely to occur on the premises. The statement is required in order for the Planning Board to assess the impact, if any, of the proposed use on the surrounding area due to traffic, noise, etc.
(b)
The minimum lot area shall be not less than 20,000 square feet.
[Amended 8-14-2024 by Ord. No. 2743-24]
(c)
Parking shall be provided as follows: one space for each three fixed seats at capacity plus one space for each 60 square feet of gross floor area for assembly and meeting rooms.
(d)
Where parking areas are adjacent to a residential use or zone, a twenty-foot-wide buffer strip no less than six feet high shall be provided.
(e)
Landscaping and screening shall be provided as follows:
[1]
Property shall be screened by a buffer of not less than 10 feet in width composed of seventy-five-percent evergreens planted 10 feet on center.
[2]
The landscaped buffer shall include a mixture of shade trees, evergreens, ornamental trees and understory shrubs planted in a staggered fashion.
[3]
At the time of installation, shade trees shall be a minimum three-inch caliper, evergreens shall be a minimum eight feet in height, ornamental trees shall be a minimum of 10 feet in height, and understory shrubs shall be a minimum of 36 inches in height.
(5)
Car washes. Conditions regarding car washes shall be as follows:
(a)
The minimum lot area for a car wash shall be not less than 20,000 square feet.
[Amended 8-14-2024 by Ord. No. 2743-24]
(b)
Such shall provide adequate off-street automobile stacking area, which shall not be less than 20 spaces per bay. Such stacking system shall in no way hinder or impair normal traffic flow on adjoining property or public right-of-way.
(c)
Approval of the Borough Engineer regarding utilities and drainage and the Department of Health regarding the performance standards shall be required.
(d)
Ingress and egress shall be so designed as not to interfere with the normal traffic flow in the area.
(6)
Drive-through pickup and deposit facilities. Conditions regarding drive-through pickup facilities shall be as follows:
[Amended 8-14-2024 by Ord. No. 2743-24]
(a)
Ingress and egress shall be so designed as not to interfere with normal traffic flow in the area.
(b)
As a condition of approval, the applicant shall provide a traffic study by a traffic engineer which demonstrates that the proposed drive-through facility will not substantially impact off-site traffic.
(c)
The applicant shall provide appropriate signage indicating direction of ingress and egress.
(d)
The applicant shall provide off-street automobile stacking area, which shall not be less than six spaces per lane. Such stacking system shall in no way hinder or impair normal traffic flow in adjoining property or public right-of-way.
(7)
Antique, used furniture and used clothing stores. Conditions regarding antique, used furniture and used clothing stores shall be as follows:
[Amended 8-14-2024 by Ord. No. 2743-24]
(8)
Cannabis retailers. Conditions regarding cannabis retailers shall be as follows:
[Added 6-15-2022 by Ord. No. 2686-22; amended 8-14-2024 by Ord. No. 2743-24]
(9)
Cannabis cultivators. Conditions regarding cannabis cultivators shall be as follows:
[Added 6-15-2022 by Ord. No. 2686-22; amended 8-14-2024 by Ord. No. 2743-24]
(a)
The design of any building or structure required for such use conforms to the general character of the area in which it is located.
(b)
The cultivation activities of said establishment must be conducted entirely indoors.
(c)
Unusual odors, smells, fragrances, or other olfactory stimulants shall be prohibited beyond the property line. Odor mitigation filtration systems shall be installed and maintained in perfect working order.
§ 650-103 Solar energy systems.
A.
Purpose. Solar energy systems are to provide power for the principal and/or accessory use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a solar energy system designed to meet the energy needs of the principal use.
B.
Standards for all types of solar energy systems.
(1)
The installation of a solar energy system shall conform to the National Electric Code as adopted by the New Jersey Department of Community Affairs.
(2)
Solar energy systems that connect to the electric utility shall comply with the New Jersey's Net Metering and Interconnection Standards for Class 1 Renewable Energy Systems and as required by the electric utility servicing the parcel.
(3)
Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall identification be visible from a property line.
(4)
The design of a solar energy system shall, to the extent practicable, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
C.
Roof-mounted solar panels.
D.
Ground-mounted solar panels. Conditions regarding ground-mounted solar panels shall be as follows:
(1)
All ground-mounted solar panels shall follow the underlying zone bulk requirements for principal uses.
(2)
Ground-mounted solar panels shall not exceed a height of 15 feet.
(3)
All electrical wires servicing a ground-mounted solar panel, other than wires necessary to interconnect the solar panels, and the grounding wires, shall be located underground.
(4)
In order to obtain a zoning permit for placement of a ground-mounted solar panel in the front yard, the applicant must demonstrate to the Zoning Board the necessity for the front yard installation by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property resulting in an exceptional difficulty and undue hardship to the applicant. The clearing of brush or wooded areas alone will not constitute an undue hardship.
§ 650-104 Wireless communication facilities.
A.
Purpose. To minimize the adverse impacts associated with the potential proliferation of communication towers, the Borough of Roselle is pursuing a proactive policy of requiring co-location of wireless communication antennas on existing towers, on buildings, and on a new tower(s) at a public site(s) which may be designated by the Borough Council.
B.
Communication antennas not attached to towers. Any communication antenna which is not attached to a communication tower, along with its associated equipment compound and support structure, shall be a permitted accessory use to any commercial, industrial, professional, institutional or office structure, provided that:
(1)
The wireless communications facility does not exceed more than 20 feet above the highest point of the structure.
(2)
Amateur radio antennas are exempt from this section.
(3)
The antennas and associated equipment shall be located on the building roof and screened so as to minimize their visual impact or be located inside the building.
C.
Co-location of communication antennas on existing towers. Co-location of wireless communication antennas on existing towers and associated equipment compounds is permitted as a conditional use in all zoning districts and shall be treated as a minor site plan. The conditional use standards that apply to such use are those standards set forth below in this Subsection C and those standards set forth in Subsection E.
(1)
Height. An existing communication tower may be modified or rebuilt to a taller height, not to exceed 12 feet over such tower's existing height, to accommodate the co-location of additional communication antennas. The wireless communication antennas shall be no higher than necessary to achieve service area requirements.
(2)
Need analysis. The applicant shall submit as part of its application a statement as to the purpose of the proposed wireless communication facility (e.g., to address a coverage or capacity issue, or a combination of both) and the type/mode (e.g., in vehicle or in building) and geographic area(s) where this is an issue (e.g., what streets, facilities or neighborhoods). The applicant shall provide propagation studies showing both current (without the proposed site) and projected (with the proposed site) coverage and service in the area of the application, including all surrounding sites (built and approved). The report shall include the design parameters used for the propagation studies, including antenna types, location, orientation and elevation, operating frequencies, ERP, and signal strength thresholds or "cutoffs." The analysis shall show the entire area where there is insufficient service or coverage and which the application is intended, at least in part, to address. Additional supporting data can be submitted, including (but not limited to) traffic data, drive tests, etc. No wireless communications facility shall be approved unless the applicant demonstrates a need for the facility at the location proposed.
(3)
Visual impact. The proposed facility shall be designed so as to have the least visual impact reasonably possible.
(4)
Alternatives analysis. The applicant shall undertake an alternatives analysis describing other approaches, solutions or sites it evaluated to address the need as stated in Subsection C(2) above and shall submit a report with respect thereto. This analysis shall include the location of all of its existing wireless communications facilities within the Borough and outside the Borough but providing service within the boundaries of the Borough; the location and type of other sites considered; the availability of those sites; the extent to which other sites do not meet the applicant's service, engineering, or other needs; and the reason why the subject site was chosen over the alternatives. The analysis shall also address any alternative technologies that may be available and why such technologies are not being used. The analysis of alternatives shall include a comprehensive approach to address the need in the area where the need analysis shows insufficient service or coverage, demonstrating how the applicant intends to address the entirety of the need, including any areas or issues that would not be addressed by the proposed facility. The plan shall provide for the fewest feasible number of sites for wireless communications facilities. The applicant shall indicate any future sites it anticipates at the time of the application, to the extent currently known or forecast. Future applications by the applicant or its successor will be evaluated for consistency with this plan, and any deviation from it shall be justified to the satisfaction of the Board of jurisdiction. No wireless communication facility shall be approved unless the applicant demonstrates that there are no suitable alternatives that are less visually intrusive than the proposed application.
(5)
Additional submission requirements. In addition to the applicable documentation required for site plan approval, the following documentation shall be submitted as part of the minor site plan submission:
(a)
Documentation by a qualified expert that any proposed wireless communications facility will have sufficient structural integrity to support the proposed antennas and anticipated future co-located antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunications Industry Association (TIA) have been met;
(b)
A letter of intent by the applicant, in a form to be reviewed and approved by the Board Attorney, indicating that the applicant, to the extent it has the authority to do so, will share the use of the tower, including extensions, and compounds to the extent feasible, with other approved providers of wireless communications services; and
(c)
A visual impact study, graphically simulating, through models, computer-enhanced graphics, or similar techniques, the appearance of any proposed wireless communications facility and indicating its view from at least five locations around and within one mile of the proposed wireless communications facility where such facility will be most visible. Aerial photographs of the impact area shall also be submitted.
D.
Co-location of communication antennas on towers on public property.
(1)
Co-location policy. The Borough of Roselle shall plan for and accommodate the growing demand for communication antennas by co-locating such new antennas on towers sited on publicly owned sites controlled or designated by the Borough and which are appropriate locations for facilitating wireless communications and for minimizing visual and other impacts on the public associated with communication antennas.
(2)
Public/private partnership to implement co-location policy.
(a)
Any co-location communication towers will be installed, maintained and operated by a private business and/or regulated public utility on public property under lease agreement with the Borough of Roselle pursuant to the Local Land and Buildings Law[1] and/or the Local Public Contracts Law[2] of the State of New Jersey and in compliance with the ordinance requirements of the Borough.
(b)
In order to assure that any tower at the above-referenced location will accomplish the intent of this section, any lease agreement with the private operator or regulated public utility shall include, but not be limited to, the following requirements:
(c)
The private entity or regulated public utility which will install, maintain and operate the co-location tower will be selected through an open public bidding process under specifications and a lease agreement to be prepared for the Mayor and Council under applicable New Jersey law governing public-private agreements. Specifications will include, but not be limited to, a demonstration of suitable past site management experience and compliance with prescribed construction standards with a cost and revenue analysis for the first five years of operation.
(d)
Installation of wireless communication facilities on or at towers on public property shall not require site plan review.
E.
Conditional use standards. The following design and performance standards shall apply as additional conditional use standards to communication antennas co-located on existing towers, support structures, and associated equipment compounds proposed pursuant to Subsection C hereof and shall be the standards applicable to towers, antennas, and support structures, and associated equipment compounds on public property proposed pursuant to Subsection D.
(1)
Telecommunications equipment compound design. No buildings shall be permitted in the equipment compound. Communication equipment may be stored in cabinets.
(2)
Fencing. A chain-link fence or wall not less than seven feet in height from finished grade shall be provided around each communication tower and equipment compound. Access to the tower shall be through a locked gate. The fence and supporting structures shall have a black matte finish.
(3)
Landscaping. The visual impact of a communication tower and equipment compound shall be mitigated for nearby viewers through landscaping or other screening materials at the equipment compound. The following landscaping and buffering shall be required around the perimeter of the tower and equipment compound, except that the standards may be waived by the Planning Board for those sides of the proposed tower that are located adjacent to undevelopable lands and lands not in public view. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or in supplement towards meeting landscaping requirements.
(a)
A continuous evergreen hedge at least seven feet high at planting.
(b)
All landscaping shall be of the evergreen variety. If the landscaping set forth above cannot be installed because it is prohibited, either by the owner of the site, by law, or otherwise, the applicant shall propose alternative landscaping designed to mitigate the visual impact of the communication tower and equipment compound.
(4)
Method of determining communication tower height. For purposes of measurement, communication tower height shall include antenna, base pad and other appurtenances and shall be measured from the finished grade of the parcel.
(5)
Illumination. Communication towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA), in which case the least-intrusive type of lighting permitted by the FAA shall be used, and except as necessary for inspection of and repairs within the equipment compound, in which case the lighting may only be located within the compound and may only be turned on manually, with a mechanism to shut it off after a reasonable time to be set by the Planning Board after testimony by the applicant's representative. Lighting within the equipment compound shall not produce glare and shall be designed so as to minimize its spillover outside the compound.
(6)
Finished color. Wireless communication improvements to existing communication towers not requiring FAA painting/marking shall have a finish that matches the existing tower.
(7)
Structural design. Communication towers shall be constructed to the EIA/TIA 222-F standards, or such subsequent revision as is in place at the time of the Planning Board decision, as published by the Electronic Industries Association, which may be amended from time to time, and all Borough construction/building codes. Further, any improvements and/or additions (e.g., antennas, satellite dishes, etc.) to existing communication towers shall require submission of site plans sealed and verified by a professional engineer which demonstrate compliance with the EIA/TIA 222-E standards. The applicant shall include in its design the opportunity for co-location by others or explain why co-location is not feasible.
(8)
Underground utilities. All utilities serving any wireless communications facility shall be underground.
F.
Standards applicable to all wireless communications facilities. The following standards, which are not conditional use standards, shall apply to all wireless communications facilities:
(1)
Maintenance. Wireless communications facilities shall be maintained to ensure their continued structural integrity. The owner of a wireless communications facility shall also perform such other maintenance of the structure and of the site as to ensure that it does not create a visual nuisance.
(2)
Inspection.
(a)
An applicant may be required to inspect its wireless facility upon notice from the Borough.
(b)
Inspections shall be conducted by an engineer licensed to practice in the State of New Jersey. The results of such inspections shall be provided to the Borough Engineer. Based upon the results of an inspection, the Borough may require repair or removal of a communication tower. Upon removal of the wireless communications facility, if such facility is a tower, the site shall be restored in the manner acceptable to the Borough Landscape Architect.
(3)
Abandonment. Any wireless communications facility that is not operated for a continuous period of 12 months shall be considered abandoned. The owner of such facility shall remove it within 90 days of notice from the Zoning Officer that the facility is abandoned. If such facility is not removed within 90 days, the Borough may remove such facility at the owner's expense. If the facility is to be retained, the provider shall establish that the facility will be reused within one year after such abandonment. If the facility is not reused within one year, the facility shall be removed. At the discretion of the Zoning Officer, upon good cause shown, the one-year reuse period may be extended for a period not to exceed one additional year.
(4)
The wireless communications facility shall comply with all applicable FCC and FAA regulations.
(5)
The wireless communications facility shall comply with all applicable building codes.
(6)
Signs. Signs displaying owner contact information, warnings, and equipment information and safety instructions shall be provided. No other signage shall be permitted.
(7)
Noise. No equipment shall be operated so as to produce a noise level on adjoining properties that exceeds the noise level permitted by Borough Code.
(8)
Activity and access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby to minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. No more off-street parking than is necessary shall be permitted.
(9)
Each application for any wireless communications facilities shall include either a preliminary or a certified statement that the operation of the facility, including reception and transmission functions, will operate within the parameters established by the applicable FCC licenses and regulation, so as to minimize the possibility of interfering with the usual and customary transmission or reception of radio, television, etc., and other licensed services enjoyed by adjacent residential and nonresidential properties. In the event that only a preliminary statement is submitted with the application, a final, certified statement of noninterference will be provided and approved by the Borough prior to the issuance of a building permit. The statement shall be prepared by an engineer licensed to practice in the State of New Jersey or other professional accepted by the Borough.
(10)
Approval required from other governmental agencies. Each application shall include written approval or a statement of no objection from other federal, state or county agencies that regulate communication tower sighting, design and construction.
(11)
The applicant shall submit a report certifying that its facilities will operate in accordance with all legal requirements regarding RF exposure (FCC Report and Order 96-326 regarding Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation and FCC OET Bulletin-65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, and others). This report shall include the class of service, frequencies, maximum effective radiation power (ERP) of the antennas, anticipated operating ERP(s), antenna types, heights and orientation of all antennas and indicate predicted RF exposure levels under normal operations at the nearest occupied structure. A copy of the FCC license applicable to the use of the wireless communications facility shall also be submitted. The statement shall be prepared by an engineer licensed to practice in the State of New Jersey or other professional accepted by the Borough.
§ 650-105 Billboards.
[Added[1] at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Location.
(1)
Billboards may be located on parcels within the Business/Commercial Zone that have frontage on Route 27, known as "St. George Avenue."
(2)
Billboards shall be designed so that the advertising surface is visible only from Route 27 and no residential uses to the greatest degree possible.
(3)
No portion of a billboard shall be more than 200 feet from the property line adjoining Route 27.
(4)
Only one billboard shall be permitted on any one lot.
(5)
No portion of a billboard shall be within 1,000 feet of any portion of another billboard or the applicable spacing requirements of the New Jersey State Department of Transportation, whichever is greater.
C.
Size and design.
(1)
A billboard display area shall not exceed 50 feet in height above the existing grade.
(2)
A billboard display area shall not exceed 672 square feet.
(3)
No billboard or billboard display area or portion thereof shall rotate, move, produce noise or smoke, give the illusion of movement, display video or other changing imagery, automatically change, or be animated or blinking, nor shall any billboard or portion thereof have any electronic, digital, tri-vision or other animated characteristics resulting in an automatically changing depiction.
(4)
A billboard shall contain no more than two billboard display areas. A triangular (three-sided) configuration shall not be permitted. Two-sided billboard with an angle of deflection of no greater than 35° shall be permitted.
(5)
Billboard display areas may be illuminated subject to the following conditions:
(a)
Illuminating lights shall be arranged so as to direct illumination only towards the billboard display area and to reduce glare.
(b)
Illuminating lights shall be arranged so that glare shall not be visible from any residential properties at any time of year.
(c)
Illuminating lights shall be shielded from view of all vehicular traffic.
(d)
No billboard shall be illuminated by means of intermittent, flashing or blinking lights.
(6)
No billboard or billboard display area be painted with, or composed of, any material of a fluorescent, phosphorescent or holographic material.
(7)
No billboard shall display pornographic or sexually indecent and/or obscene pictures, depictions, or images, whether such images are actual pictures, illustrations, or computer-generated. For the purposes of this section, pornographic or sexually indecent and/or obscene pictures, depictions, or images shall include, but not be limited to, images of unclothed humanoid genitalia, humanoid breasts, humanoid buttocks, and other sexually explicit imagery such as gratuitous humanoid breast cleavage. No billboard shall display obscene, vulgar, or profane words or symbols, which shall include, but not be limited to, words, phrases and symbols that are commonly restricted from public broadcast pursuant to 18 U.S.C. § 1464.
(8)
No billboard shall display any words or symbols that connote traffic control commands, including but not limited to "stop" or "danger," or which may be confused as a sign displayed by a public authority.
(9)
No billboard shall be placed on any building or on the roof of any building.
(10)
No billboard shall be erected so as to cause any visual obstruction to traffic or impair traffic control devices.
D.
Administration.
(1)
Any application for the construction of a billboard shall require compliance with the Roadside Sign Control and Outdoor Advertising Act as found at N.J.S.A. 27:5-5 et seq., and such other laws and applicable regulations related to the construction of structures and/or billboards.
(2)
Applications for the construction of a billboard shall comply with the requirements contained within this chapter as to site plan review procedures.
§ 650-106 Enforcement; violations and penalties.
A.
This article shall be enforced by the Building Inspector or any other enforcing officer of the Borough of Roselle.
B.
For any and every violation of the provisions of this article, the owner, general agent or contractor of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every violation and for each and every day that such violation continues, be subject to a fine of not more than $1,000 or be subject to imprisonment in the county jail for a period of 90 days or by a period of community service not exceeding 90 days. The court may impose all, some or any combination of these sanctions.
§ 650-107 Repealer; when effective.
A.
All sections of any ordinance of the Borough of Roselle containing provisions contrary to the provisions of this article, except Ordinance No. 1620, adopted March 27, 1985, shall be and are hereby, to the extent of such inconsistency, repealed.
B.
This article shall be effective after final hearing publication and filing with the Union County Planning Board.