Roselle Park City Zoning Code
ARTICLE XVI
Establishment of Districts and Map; General Regulations
§ 40-1601 PURPOSE; ZONING DISTRICTS.
[1980 Code § 128-63; amended by Ord. No. 1674; Ord. No. 1976]
In order to regulate and restrict the location of buildings intended for trade, industries, residence or other purposes; to regulate and limit the height and size of buildings; to regulate the use and limit the intensity of the use of the land and the density of the population; and to regulate and determine the size of yards and other open spaces surrounding buildings, the Borough of Roselle Park is hereby divided into the following districts:
R-1 | Single-Family Residence |
R-2 | Two-Family Residence |
R-3 | Four-Family Residence |
R-4 | Garden Apartment |
ROB | Residence Office Building |
B-1 | Neighborhood Business |
B-2 | Central Business |
B-3 | Arterial Business |
I | Industrial |
SCH | Senior Citizen Housing |
PD | Planned Development |
§ 40-1602 ZONING MAP; AREA, BULK AND YARD REQUIREMENTS.
[1980 Code § 128-64; amended by Ord. No. 1265; Ord. No. 1348; Ord. No. 1581; Ord. No. 1585; Ord. No. 1677; Ord. No. 1976]
A.
Boundaries. The boundaries of the districts are as shown on a map entitled "Borough of Roselle Park Zoning Map," dated August 10, 1999, annexed hereto and incorporated herein. All lines on this map, where equivocal, shall be deemed to coincide with the nearest lot line. The Zoning Map is hereby approved and adopted by the Mayor and Council of the Borough of Roselle Park as part of this chapter and is to be filed in the office of the Construction Code Official of the Borough of Roselle Park as provided by law.
B.
The area, bulk and yard requirements pertaining to the zoning district of the Borough of Roselle Park are summarized in the schedule appended hereto, which is entitled "Borough of Roselle Park Schedule of Zoning Area, Bulk and Yard Requirements." This schedule shall be considered a part of this chapter and shall have the identical force and effect of same.[1]
[1]
Editor's Note: This schedule is included as an attachment to this chapter.
C.
In determining the area, bulk and yard requirements pertaining to the R-1, R-2, R-3, R-4 and ROB Zoning Districts of the Borough of Roselle Park, one shall not include any portion of any property which is located in a railroad right-of-way.
§ 40-1602.1 Zoning Map Amendments.
A.
Pursuant to the amended Redevelopment Plan dated February 2008 and Ordinance No. 2236, the Zoning Map is amended to include the Romerovski Site (Block 213, Lot 1 and Block 314, Lot 1 as part of the Redevelopment Area).
[Ord. No. 2236]
B.
The Borough of Roselle Park Zoning Map is amended to provide that the Senior Citizen Housing (SCH) Zone District shall apply to Lot 1 in Block 506.
[Ord. No. 2303]
§ 40-1603 REGULATIONS OF GENERAL APPLICATIONS.
[1980 Code § 128-65; Ord. No. 1265; Ord. No. 1299; Ord. No. 1348; Ord. No. 2168; Ord. No. 2204 § II; Ord. No. 2218 § I; amended 6-15-2023 by Ord. No. 2729]
Except as may be otherwise provided in Part 3, Zoning, of this chapter:
A.
No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or structure or land be issued which does not comply with all the district regulations established by Part 3 for the district in which the building, structure, or land is located; provided however, that any existing lot on which a single-family or two-family building or structure is located and which lot does not meet the minimum lot size or which violates any yard requirements may have additions to the principal building without an appeal for variance relief if:
1.
The existing use(s) on the lot are conforming to the permitted use(s) stipulated in this chapter for the lot in question;
2.
The total permitted building coverage is not exceeded;
3.
The addition does not violate any requirements of this chapter, such as, but not limited to, height, setback and parking.
B.
The yard regulations and the lot area per family provisions required by Part 3 of this chapter shall be considered minimum regulations for each and every building or structure at the time of the effective date of this chapter and for any building or structure thereafter erected or structurally altered. No land required for yards or for lot area per family in connection with an existing building or structure or in connection with any building or structure hereafter erected or structurally altered shall be decreased by sale or otherwise or be made a portion of any required yard or lot area for any other building or structure.
C.
Every building or structure hereafter erected or structurally altered shall be located on a lot as herein defined, and in no event, except in the case of Garden Apartment Districts, shall there by more than one (1) main building or structure and its accessory building on one (1) lot.
D.
Where a nonconforming use exists in a district redistricted against such use, the sign regulations for the district shall apply.
E.
Where a district boundary line divides a lot at the time such line is adopted, so much of the regulations as are applicable to accessory uses and accessory structures for the less restricted portion of such lot shall apply to the more restricted portion, but for a distance of not more than fifty (50) feet measured at right angles to such district boundary line, provided that the lot has frontage on a street in the less restricted district, and provided further that where such accessory uses and buildings extend into a residential district, they shall be screened from all adjoining residential lots by a yard having a minimum dimension of ten (10) feet, within which there shall be no building, and either a strip at least five (5) feet wide planted and maintained with shrubbery which will hide such accessory uses or buildings year round on an opaque wall or barrier or uniformly painted fence of fire-resistant material at least six (6) feet high and having no sign painted on or attached thereto.
F.
No building or structure in the R-1, R-2, R-4 and ROB Zoning Districts shall be erected, enlarged, reconstructed or structurally altered which is within ten (10) feet of the closest point of the building or structure from a railroad right-of-way.
G.
Any use not specifically permitted in a district is deemed prohibited.
H.
No one-, two- or three-family building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, to have the building coverage in excess of twenty-five (25%) percent.
I.
No lot which is primarily used as one-, two- or three-family residence shall be improved with an impervious surface as defined in § 40-601 or have lot coverage in excess of fifty (50%) percent.
J.
The only allowed use in any occupied business space will be the use or uses originally permitted by the municipality. All different, added uses are expressly prohibited regardless of whether or not they are otherwise permitted in the zone in question.
K.
Bedrooms and/or sleeping quarters are expressly prohibited in cellars/basements as defined in § 40-601. For the sake of this section, the term "sleeping quarters" shall include any improved or unimproved portion of the basement that includes a bed or piece of furniture that is customarily used as a bed or sleeping surface. Sleeping in the cellar/basement of any structure is expressly prohibited.
L.
Illegal Apartments.
1.
Any person, whether family member or other, who utilizes or allows the use of the basement or floor below-grade area of a residence, whether multiple dwelling or not, as sleeping quarters or as a dwelling space, must comply with the International Mechanical Residential and Building Codes and N.J.A.C. Title 5:10-22.1 and N.J.A.C. Title 5:70 which refers specifically to basements, cellars and dwelling units made applicable N.J.S.A. 55:13A-6C and A-7.
2.
Failure to comply with the standards will constitute an illegal apartment as defined by the aforestated Code and ordinances the provisions of which remain in effect.
3.
Any landlord found to be in violation of this subsection, wherein it has been determined that there exists an illegal apartment or the premises is found to violate any portion of this ordinance, shall pay a fine of one thousand five hundred ($1,500) dollars for the first offense. A fine of two thousand five hundred ($2,500) dollars for the second and subsequent offense.
[Amended 3-28-2006]
4.
In the event the occupant of an illegal apartment is required to relocate from the premises which are the subject of a notice of illegal apartment and/or eviction pursuant to N.J.S.A. 2A:18-61 et seq. and/or the Zoning Ordinance and Code of the Borough, the person is so considered a displaced person and entitled to relocation assistance.
5.
For a first offense, the landlord, person or entity shall be responsible for any relocation costs borne by the Borough or by the tenant in accordance with the provisions of N.J.S.A. 2A:18-61.1g, together with any security deposit and a pro rata portion of the tenant's rent which may have been paid in advance.
6.
In addition to the above subsection, the landlord shall pay an additional fine in an amount equal to six (6) times the monthly rental of the displaced person; the fine to be paid to the Borough of Roselle Park and to be deposited in revolving relocation assistance fund.
7.
In addition to the fine outlined in Subsection 3 above, any landlord, person, firm or entity that violates any portion of this Subsection L shall be assessed an additional fine equal to the cost incurred by the Board of Education of the Borough of Roselle Park regarding any student/resident of the illegal apartment who attended the public schools within the Borough of Roselle Park for a period not to exceed three (3) years prior to the determination by the Court of the violation. The fine shall be recovered by the Borough of Roselle Park by summary proceedings pursuant to the Penalty Enforcement Law N.J.S.A. 2A:58-10 through 2A:58-12. The proceedings shall be commenced by the Borough of Roselle Park's Municipal Court for enforcement of the penalty provided herein.
8.
It shall be the duty of the Police Department and Construction Code Official to coordinate their efforts in this regard. Any violations found by the proper representatives of the Police Department shall be immediately forwarded to the Construction Official (not more than twenty-four (24) hours from the noted violation), and the Police Department representatives designated by the Chief of Police shall assist the Construction Official and/or his representatives in obtaining legal entrance into the premises in order to effectuate the enforcement of this Subsection L.
M.
All classes of Cannabis Businesses as said terms are defined in Section 3 of P.L. 2021, c.16, but not the delivery of cannabis items and related supplies by a delivery service licensed outside of the Borough, are prohibited in the R-1, R-2, R-3, R-4, B-1, SCH and PD Zoning Districts.
§ 40-1604 REGISTRATION IN PUBLIC SCHOOLS.
[Ord. No. 2315]
A.
Registration of Nonresidents Unlawful.
1.
It shall be unlawful for any parent or guardian to assist, aid, abet, allow, permit, suffer or encourage a minor to register or enroll in the Borough of Roselle Park School System where the minor is ineligible to attend as a result of the minor's nonresident status.
2.
It shall be unlawful for any person to knowingly permit his or her name, address or other residence designating documentation to be utilized in the registration or enrollment of any nonresidential student in the Borough of Roselle Park School System unless previous approval has been granted by the Superintendent of School System or his or her designee.
B.
Violations and Penalties. Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be liable to the penalties stated in Chapter 40, Article XVI, § 1604B.
1.
It shall be unlawful for any landlord or entity to permit a child, who he/she is not the legal guardian to use his/her address to enroll in the Roselle Park School System. If the child has already been enrolled using the illegal address, then an additional fine will be assessed as listed.
2.
In addition to the fine outlined in 40-1604, Subsection B1 above, any landlord, person, firm or entity that violates any portion of this section 40-1604 shall be assessed an additional fine equal to the cost incurred by the Board of Education of the Borough of Roselle Park for a period not to exceed three (3) years prior to the determination by the Court of the violation. The fine shall be recovered by the Borough of Roselle Park by summary proceedings pursuant to the Penalty Enforcement Law. The proceedings shall be commenced by the Borough of Roselle Park's Municipal Court for enforcement of the penalty herein.