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