In their interpretation and application, the provisions of this Article shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals and general welfare, consistent with the purposes set forth in N.J.S.A. 40:55D-2. Any deviation from the requirements of this Article shall require a variance pursuant to N.J.S.A. 40:55D-70c or d. or N.J.S.A. 40:55D-60a.
a. It is not intended that this Article repeal, abrogate, annul or in any way impair or interfere with existing provisions of other ordinances, except those specifically repealed by this Article. However, where this Article imposes a greater restriction upon land, building, or structures than is imposed by existing provisions of ordinance, contract or deed, the provisions of this Article shall control. Where the provisions of this Article are to become repugnant to State or Federal law and cannot be reconciled therewith, the provisions of such law shall govern.
b. The provisions of this Article, including, but not by way of limitation, the provisions thereof relating to nonconforming uses and nonconforming construction, in conjunction with the provisions of Article V, shall be construed as the continuation of the substantive provisions of the Municipal Land Use Ordinance of the Borough of Roseland, adopted on May 29, 1979, also known as Ordinance No. 8-1979, and the amendments and supplements thereto in effect at the time of adoption of this chapter rather than as new enactments.
Any lot existing as of July 11, 2000 with an area, width or lot depth less than that prescribed for a lot in the zone in which such lot is located, may be used for any purpose permitted in the zone, if (1) at the time of and since the adoption of the zoning ordinance making the lot nonconforming the owner of the lot did not own adjoining property and (2) all other regulations prescribed for the zone are met. (Ord. No. 20-1993; Ord. No. 62001 § IV)
For the purposes of this chapter, the Borough of Roseland is hereby divided in
The Zoning Map, dated August 15, 1974 and revised through October, 2005, delineating the above districts and Schedule I, the Schedule of Zone Districts summarizing the required conditions for each district shown on the Zoning Map are hereby declared to be a part of this chapter. (Ord. No. 23-1997 § III; Ord. No. 6-2001 § VI; New)
The zone district boundary lines are intended generally to follow street centerlines, existing lot lines, centerlines of railroad right-of-way and the like, as indicated on the Zoning Map. Where a zone district boundary line does not coincide with any such line as above set forth, its location or relation to another boundary line shall be as designated on the Zoning Map by means of figures or dimensions expressing distance in feet from a street side line or other boundary line. In cases of uncertainty or disagreement as to the true location of any zone district boundary line, the determination thereof shall lie with the Board of Adjustment.
Each of these conditions and provisions of this Article shall apply to all zones unless otherwise stated.
No land or premises may be used and no building or structure may be erected, razed, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted by this chapter for the zone district in which the land, premises, building or structure is located, and all uses and construction shall be in conformity with the regulations provided for the district in which such land, premises, building or structure is located.
No improvements shall be constructed without obtaining a Zoning Permit. (New)
The control and regulation of the uses of buildings and structures by this chapter shall apply equally to the nature and extent of the uses of the lot or lots upon which they are erected.
Where a use is not specifically permitted in any zone, it is prohibited.
Whenever a new lot or lots is or are formed from a part of any other lot or lots, the assembly or separation shall be affected in such a manner as not to impair any of the requirements of this chapter.
Only one (1) principal building may be erected on a lot except for related, compatible buildings constituting one (1) basic use or operation under one management and limited to the following:
a. Attached single-family residences in condominium ownership.
b. Garden apartment developments.
c. Townhouses and apartments in the R-7, R-8 and R-9 Districts.
e. Retail shopping or service facilities complexes.
(Ord. No. 23-1997 § II)
a. Regulations.
1. No accessory building or structure shall be built on any lot on which there is not a principal building or structure.
2. No trailer or mobile home shall be used in any zone district as an accessory building or structure.
3. No accessory building or structure shall have a ground floor area greater than fifty (50%) percent of the ground floor area of the principal building or structure on the same lot. Detached garages shall be limited in size to two (2) bays and shall not exceed a total size of twenty-two (22) feet by twenty-four (24) feet.
4. No accessory building or structure shall be permitted in a front yard.
b. Setbacks.
1. Residential Districts.
(a) Minimum side setback: ten (10) feet except for complying sheds, for which the setback shall be five (5) feet.
(b) Minimum rear setback: ten (10) feet, except for complying sheds for which the setback shall be five (5 feet).
(c) Minimum distance between buildings or principal building: twelve (12) feet.
(d) Maximum height: Sixteen (16) feet or the height of the principal structure, whichever is less.
(e) Accessory buildings or structures on corner lots shall not be erected nearer to any street sideline than the front yard setback required on the lot adjacent to the side lot line of the lot upon which the accessory building is located.
2. Nonresidential Districts.
(a) Minimum side setback: Side yard setback of the principal building.
(b) Minimum rear setback: One-half () rear yard setback for principal building.
(c) Minimum distance between buildings: Twenty (20) feet or the height of the accessory building, whichever is greater.
(d) Maximum height: One-half () the height limitation of the principal building.
(Ord. No. 20-1993; Ord. No. 23-1997 § II)
a. Fences may be in the front yard provided that they shall not exceed three (3) feet in height measured from the ground level and shall be constructed so that at least fifty (50%) percent thereof is open.
b. In residential districts, fences and walls located in other than a required front yard shall not exceed six (6) feet in height measured from the ground level. Any fence in excess of six (6) feet in height, such as that required around a tennis court, shall require a variance, shall be considered a structure and shall meet the minimum side and rear yard requirements for accessory buildings.
In nonresidential districts, open wire fences not exceeding eight (8) feet in height measured from the ground level may be erected in the rear or side yard and behind the building setback line. Walls and other types of fences shall not exceed six (6) feet in height.
c. All fences or walls shall be constructed so that a finished side faces outward away from the property on which it is constructed.
d. No fence or wall shall be constructed of any material harmful to humans or animals.
e. No fence or wall exceeding three (3) feet in height shall be erected along a property line without a Zoning Permit. A survey showing the proposed location of the fence or wall with respect to the existing property lines shall be submitted to the Zoning Officer.
f. Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.
g. Notwithstanding the preceding provisions of this subsection, the following provisions shall be complied with:
1. Screening and buffering shall be as specified in subsection 30-403.9.
2. Private swimming pools shall be fenced as specified in subsection 30403.10.
3. No fence or wall shall be located within a clear sight triangle.
h. Retaining walls exceeding three (3) feet in height shall require a zoning permit.
A.retaining wall exceeding three (3) feet requires the approval of the Borough Zoning and Engineering Departments. As a result, the wall location, height and material must be shown on a boundary and topography survey of the survey of the property. Elevations of the top and bottom of the wall must be shown on the plan. Additionally, the details of the wall construction (i.e. material, footing, assembly, backfill and drainage) must accompany the survey information. Any retaining wall greater than four (4) feet in height must be designed by a licensed New Jersey Professional Engineer. Structural calculations must accompany the Professional Engineer's design.
(New)
a. Buffers.
Buffers shall be required on all lots zoned other than residential or used for nonresidential purposes along lot lines, where said lot or lots abut a residentially zoned lot or lots Additionally development in the R-5 District which, abuts an existing residential use shall require buffers.
1. All buffers shall be a minimum of twenty (20) feet in width.
2. No construction shall occur within any buffer area except for the following, if specifically approved by the Board:
(a) Drainage improvements.
(b) Underground utilities.
(c) Pedestrian and bicycle paths.
(d) Crossing of access roads.
3. No removal of existing vegetation shall occur in any buffer unless said removal is in conjunction with construction or selective thinning of trees approved by the Board.
b. Screens.
Where required elsewhere in this chapter, screens shall be provided through landscaping or other means as approved by the Board. Such screens shall be designed and constructed in such a manner as to provide a solid barrier obstructing the view of the area to be screened and to inhibit sound originating on the site on a year round basis.
1. All screens shall be shown on the landscape plan.
2. Where nonresidential uses abut residentially zoned lots, and where existing vegetation within the buffer does not provide adequate screening, screening shall be provided in accordance with the above, unless the Board shall determine that because of the design of the site, screening is not necessary.
3. Required screens shall not be subject to the height limitations applicable to fences.
4. All parking areas shall be effectively screened with plantings consisting of continuous or dense evergreen hedge or other dense shrubbery or by means of walls or fencing on any side which abuts or faces a residential zone.
5. Screens shall be at least six (6) feet in height and shall be permanently maintained by the property owner to ensure continued effectiveness.
a. Area.
The water surface area of a private swimming pool shall not exceed an area of nine hundred (900) square feet. An associated cabana shall not exceed one hundred fifty (150) square feet. The area of the pool, cabana and other associated pool structures shall be included in the area used to calculate the maximum imperious coverage.
b. Location.
1. No private swimming pool, or associated structures, shall be permitted in any front yard.
2. If located in the side yard, no part of a private swimming pool, or associated structures, shall be closer to the side property line than the required side yard setback for a principal structure.
3. On corner lots no part of any private swimming pool, or associated structures, shall be constructed within the front yard requirement of either street.
4. Swimming pools and their associated structures shall be a minimum of ten (10) feet from the rear property line.
5. No pool shall be closer than twelve (12) feet to any accessory or principal building.
6. The height of any building or structure related to the pool shall not exceed twelve (12) feet in height.
7. No private swimming pool shall be closer than fifteen (15) feet to any onsite sanitary disposal system or part thereof provided, that this requirement shall not apply to any property which is served by and connected to a public sanitary sewer system.
8. The owner shall furnish a sketch of the proposed pool and related structures, drawn to scale on a property survey which had been prepared by a licensed surveyor or engineer (may be either original or photocopy), showing the location of the proposed pool and related structures relative to the property lines and existing buildings and improvements on the lot.
c. Fencing.
The entire swimming pool area shall be fenced. Said fence shall be a minimum of four (4) feet in height and a maximum of six (6) feet in height and shall be of such design that it controls access to the pool area. Where the pool is installed on a corner lot, and the fence is not a solid fence, the side nearest the street shall be screened with shrubs not less than four (4) feet in height and forming a visual barrier.
d. Drains.
No pool shall drain into a public sanitary or storm sewer without a permit from the New Jersey Department of Environmental Protection or be located in such a manner that the water from the pool drains onto another property.
e. Lighting.
Artificial lights used or maintained in connection with a private swimming pool shall be so located so that no illumination will result in glare beyond the of 1"roes:
(Ord. No. 23-1997 § II)
