Borough of Roselle, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Roselle 11-8-1989 as Ord. No. 1778.[1]
GENERAL REFERENCES
Administration of government — See Ch. 4.
Building construction — See Ch. 46.
Land use procedures — See Ch. 77.
Signs — See Ch. 98.
Swimming pools — See Ch. 104.
Public swimming pools — See Ch. 127.
118a Schedule A 118b Schedule B
[1]
Editor's Note: This ordinance repealed former Ch. 118, Zoning, adopted 7-29-1960 by Ord. No. 1037, as amended. Ordinance No. 1620, adopted 3-27-1985, was saved from repeal and provides as follows:
Section I: Regardless of whether the Borough of Roselle is acting in or pursuant to the performance of a governmental function carrying out a legislative mandate or in the exercise of its private right as a corporate body, any municipally owned, operated or controlled building, structure, facility or use, either existing or proposed, shall be permitted in any class or zone, it being the intention that whatever the Borough may be authorized to do shall constitute a function of government and that whenever the Borough shall act pursuant to granted authority, it acts as government and not as a private entrepreneur.
  Section II: Notwithstanding the foregoing, the Borough shall submit development plans to the Planning Board but shall not pay to itself application fees.   
Section III: The within ordinance shall take effect in the manner prescribed by law. See also §§ 118-14G and 118-18A.
A. 
General intent.
(1) 
The intent of this chapter 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 Zoning Chapter shall be viewed as permissive. After the adoption of this chapter, no use or structure shall be permitted in the Borough which is not listed as a permitted use by this chapter.
B. 
Zone districts.
(1) 
Designation of zoning districts. For the purpose of this chapter, the Borough of Roselle is hereby divided into 12 districts or zones, which terms may be used interchangedly, to be designated as follows:
[Amended 8-20-1997 by Ord. No. 2053]
Residence A Zone
Residence B Zone
Residence C Zone
Residence D Zone (Garden Apartment)
Residence E Zone (Townhouse)
Business Zone
Central Business Zone
Office Building Zone
Commercial 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 dated May 9, 1997, which is attached hereto and made a part of this chapter.[1] Said map or maps and all notations, references and designations shown thereon shall be a part of this chapter as if the same were all fully described and set forth herein.
[Amended 8-20-1997 by Ord. No. 2053]
[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 chapter, unless a zone district boundary line falls within 20 feet of a lot line existing at the time of passage of this chapter, 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.
C. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE
A use or structure subordinate to and customarily incidental to the principal use or structure on the same lot. When an accessory building is attached in a substantial manner by a wall or roof to a principal building or structure, it shall be considered a part thereof.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to this chapter.
AUTOMOTIVE BODY SHOP
Any establishment providing auto body repair and painting.
AUTOMOTIVE GASOLINE STATION
Any establishment servicing motor vehicles with fuel and oil but not including repairs, changing tires or any other replacement of accessory parts.
AUTOMOTIVE REPAIR GARAGE
Any establishment servicing motor vehicles with supplies and accessories, oil, lubrication, major repair services, vehicle parts sales, wrecker and hauling services and heavy repair requiring engine or drivetrain dismantling. Whenever trucks or heavy equipment are repaired even for oil changes, lubrication, minor tune-ups, installation of batteries, tires, wiper blades and similar minor repairs, the establishment shall be considered to be a repair garage.
[Amended 8-20-1997 by Ord. No. 2053]
AUTOMOTIVE SALES AND SERVICES
Any establishment selling motor vehicles new and used, supplies and accessories, and including service and repair facilities.
AUTOMOTIVE SALES LOT
Any establishment with space for the sale and storage of new or used motor vehicles, but not including the dispensing of gasoline and fuel, service or repairs.
AUTOMOTIVE SERVICE STATION
Any establishment servicing motor vehicles with fuel and oil and which provides repairs, changing of tires or any other replacement of accessory parts.
BUFFER
An area consisting of trees, shrubs, solid fencing or a combination of all, so installed as to provide both a visual and an acoustical barrier between properties. Solid fencing may be substituted to meet only part of the requirement and must be supplemented with planting.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING COVERAGE
That area of a lot or site which is occupied or proposed to be occupied by a building. (See also "lot coverage" and "open space.")
CAR WASH (AUTO LAUNDRY)
A building or structure or portion thereof where vehicles are washed or cleaned with the use of a mechanical device. A car wash shall also include what is commonly known as an "auto detail shop."
[Amended 8-20-1997 by Ord. No. 2053]
CERTIFICATE OF OCCUPANCY
A certificate issued by the Building Inspector upon completion of the construction of a new building or upon a change in the use of a building which certifies that all requirements of this chapter, or such adjustments thereof which have been granted by the Board of Adjustment or the Planning Board, and all other applicable requirements, have been complied with.
CONDITIONAL USE
A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization by the Planning Board.
COUNTY MASTER PLAN
A composite of the plan for the physical development of Union County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COUNTY PLANNING BOARD
The Union County Planning Board.
COURT
Any open, unoccupied area which is bounded by three or more building walls.
DAYS
Calendar days.
DEVELOPER
The legal or beneficial owner or owners of a lot of any land included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; any mining, excavation landfill or land disturbance and any use or extension of use of land, for which permission may be required pursuant to this chapter.
DRIVE-IN RESTAURANT
A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption of the same takes place or is designed to take place outside the confines of the building in a motor vehicle or on the site.
DWELLING, ATTACHED
A one-family dwelling attached to two or more one-family dwellings by common vertical walls.
DWELLING, DETACHED
A dwelling which is not attached to any other dwelling.
DWELLING, MULTI-FAMILY
A building containing more than two dwelling units.
DWELLING, ONE-FAMILY
A building containing one dwelling unit.
DWELLING, SEMIDETACHED
A one-family dwelling attached to one other one-family dwelling by a common vertical wall.
DWELLING, TWO-FAMILY
A building containing two dwelling units.
DWELLING UNIT
One or more rooms designed, occupied or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
DWELLING UNIT DENSITY
The average number of dwelling units per acre of ground in a given location or area.
EXISTING GRADE
The vertical location of the ground surface prior to excavating or filling.
FAMILY
Any number of persons maintaining a nonprofit household. A "family" shall include foster children placed with a family by the State Division of Youth and Family Services or a duly incorporated child care agency but shall not include roomers or members of a fraternity or sorority. (See also "household.")
FAST-FOOD RESTAURANT
The fast-food restaurant, which may or may not have tables, but which is essentially designed to dispense quick, ready-made food of limited variety. The patron obtains food directly from the dispensing counter for consumption on or off such premises. The term "fast-food restaurant" shall include drive-in restaurant unless the section of the ordinance provides otherwise.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of the exterior walls but not including areas devoted exclusively to off-street parking and loading space for motor vehicles or any space where the floor-to-ceiling height is less than seven feet
FLOOR AREA, NET
Gross floor area minus 15%.
FLOOR AREA RATIO
The ratio of the gross floor are of all buildings on a lot to the lot area.
GARAGE
A building or structure used for the storage of one or more vehicles. If it is maintained for the resident occupant of the premises and no service is rendered to the public or any business conducted therein, it is a private garage. Any garage other than a private garage is a public garage.
GARAGED
To be stored or parked entirely within the perimeter walls of a garage, with the doors closed except for purposes of ingress and egress.
GARDEN APARTMENTS
A building, not more than two stories and 40 feet in height, as measured from the average level of the ground immediately adjacent to the base of the structure to its highest point exclusive of chimney or tower, on one lot containing three or more separate dwelling units, and sharing joint utility services or facilities, or both.
GRADE, FINISHED
The final grade or elevation of the ground surface conforming to the proposed design.
GRADING
Any stripping, culling, filling, stockpiling or any combination thereof, including the land in its cut or filled condition.
HEIGHT
The vertical distance from the average finished ground elevation around the foundation to the top of a structure or the highest point of the roof surface of a building.
HOME OCCUPATION
Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and in connection with which there is no display, no stock in trade nor commodities sold upon the premises, unless the commodities sold is clearly secondary to and identified with the permitted occupation.
HOTEL, MOTOR HOTEL or MOTEL
A building designed for occupancy as a temporary residence of one or more persons who are lodged with or without meals.
HOUSEHOLD
A family living together in a single dwelling unit with common access to and common use of all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.
IMPERVIOUS SURFACE
Any material which generally reduces or prevents absorption of stormwater into previously undeveloped land. Retention and detention basins and dry wells allowing water to percolate directly into the ground shall not be considered as "impervious surfaces."
LAND
Ground, soil or earth, including improvements and fixtures on, above or below the surface thereof.
LANDSCAPED AREA
Areas containing trees, shrubs and groundcovers, pedestrian and recreation areas, ponds, streams or any other areas or features which can be reasonably included, but shall not include areas occupied by buildings or structures, paving for parking, loading or access thereto, required buffers or areas utilized for outside storage.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
The computed area contained within the lot lines, but not including any street rights-of-way.
LOT, CORNER
A parcel of land either at the junction of and abutting on two or more intersecting streets, or abutting a single street at the point where the road tangents deflect by more than forty-five degrees.
LOT COVERAGE
That portion of one lot or more than one lot which is improved or is proposed to be improved with the buildings and structures, including but not limited to driveways, parking lots, pedestrian walkways, signs and other man-made improvements on the ground surface which are more impervious than the natural surface. (See also "building coverage" and "open space.")
LOT, INTERIOR
A parcel of land other than a corner lot.
LOT LINE
A line of record bounding a lot.
LOT LINE, FRONT
The lot line separating a lot from a street right-of-way.
LOT LINE, REAR
The lot line opposite and most distant from the front lot line, or the point at which the side lot lines meet. On corner lots, there shall be only one rear lot line.
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
LOT, THROUGH
An interior lot which extends from one street to another.
LOT WIDTH
The distance between the side lot lines measured at the building setback line.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the Borough prepared and adopted pursuant to the Municipal Land Use Law.
[2]
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of the county pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted in accordance with the Municipal Land Use Law, or any prior act authorizing such adoption, which map shall be deemed conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.
OPEN SPACE
Any parcel of area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such "open space," provided that such area may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OPEN SPACE, COMMON
An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
OPEN SPACE, GREEN
An area not occupied by structures or impervious surfaces.
OPEN SPACE, PUBLIC
An open space area conveyed or otherwise dedicated to the Borough or an agency thereof, Board of Education, state or county agency or other public body for recreational and conservation uses.
OWNER
An individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest to seek or authorize development of land under this chapter.
PARKING AREA, PRIVATE
Any open area, including parking spaces, driveways and access aisles or other public way, used for the temporary storage of automobiles and other permitted vehicles for the private use of the owners or occupants of the lot on which the area is located.
PARKING AREA, PUBLIC
Any open area, including parking spaces, driveways and access aisles, other than a street or other public way, used for the temporary storage of automobiles and other permitted vehicles and available to the public, with or without compensation or as an accommodation for clients, customers and employees.
PARKING FACILITY
Any public or private parking area or garage.
PERFORMANCE STANDARDS
The maximum emission level that a nuisance element is permitted under this chapter.
PERMIT
A certificate issued to perform work under this chapter.
PERMITTED USE
Any use which shall be allowed, subject to the provisions of this chapter.
PERSON
A corporation, company, association, society, firm, partnership or joint-stock company, as well as an individual, the state and all political subdivisions of the state or any agency or instrumentality thereof.
PROFESSIONAL OFFICE
The offices in single-family detached dwellings of an accountant, architect, attorney, chiropractor, dentist, doctor of medicine, engineer or optometrist.
PUBLIC USE
Any use of land or structure thereon which is owned and used by the federal, state, county or local government. Public use shall also include property not owned by the municipality, but leased or used for municipal purposes.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESTAURANT
An establishment in which food or drink is prepared, served and consumed within the principal building.
RETAIL SERVICE
The following major groups, or portion thereof, as enumerated in the Standard Industrial Classification Manual (1972), Office of Management and Budget; 58: eating and drinking places, except drive-in restaurants; 60: banking; 61: credit agencies other than banks; 62: security and commodity brokers, dealers, exchanges and service; 65: real estate; 66: combination of real estate, insurance, loans, law offices; 67: holding and other investment offices; 70: hotels, rooming houses, camps and other lodging places, but including hotels and motels only; 72: personal services; 73: business services; 76: miscellaneous repair service; 79: amusement and recreation services, except motion pictures; 80: health services; 82: educational services; 83: social services; 84: art galleries, botanical gardens and zoological gardens.
RETAIL TRADE
The following major groups, or portions thereof, as enumerated in the Standard Industrial Classification Manual (1972), Office of Management and Budget; 52: building materials, hardware and garden supply; 53: general merchandise stores; 54: food stores; 56: apparel and accessory stores; 57: furniture, home furnishing and equipment stores; 59: miscellaneous retail except Group 596, nonstore retailers, and Group 598, fuel and ice dealers.
ROOMING HOUSE
Any dwelling or part thereof, in which space is let by the owner or operator to three or more persons who are not members of the family. Same as boardinghouse.
ROOMER
A person other than a member of a family occupying a part of any dwelling unit who, for a consideration, is furnished sleeping accommodations in such dwelling unit and may be furnished meals as part of this consideration.
SIGN
A name, identification, description, display or illustration which is affixed to or represented directly or indirectly upon a building, structure or piece of land, directing attention to a product, business, service or individual. However, a "sign" shall not include a display of official, court or public notices or any official traffic control device and shall not include the flag, emblem or insignia of a nation, state, county, municipality or religious group. A "sign" shall not include a sign located completely within an enclosed building except if it is visible and directed to be seen from outside the building. Each display surface of the "sign" shall be considered to be a single "sign," except that where two such surfaces of a "sign" are physically attached, parallel and separated by less than 12 inches, the two surfaces shall be considered a single "sign."
SINGLE OWNERSHIP
Ownership by one or more persons in any form of ownership of a lot not adjacent to a lot or lots partially or entirely in the same ownership.
SITE
Any plot or parcel of land or combination of contiguous lots or parcels of land.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is approved by official action as provided by this act or which is shown on a plat duly filed and recorded in the Union County Register's office prior to the appointment of a planning board and the grant to such board of the power to review plats and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutter, curbs, sidewalks, parking areas and other areas within the street lines.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above or below the surface of land or water.
TOWNHOUSE
An attached or semidetached dwelling with two direct means of access from the outside and having separate cooking, sleeping and sanitary facilities, and separate facilities for sewerage, heating, water, electric and gas.
YARD
An open space which lies between the principal or accessory building or buildings and the nearest lot line, unoccupied and unobstructed from the ground upward except as permitted in this chapter.
YARD, FRONT
A space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at its closest point to the front lot line. Said "front yard" shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
YARD, REAR
A space extending across the full width of the lot between the principal building and the rear lot line measured perpendicular to the building at its closest point to the rear lot line. Said "rear yard" shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
YARD, SIDE
A space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular to the side lot line at its closest point to the principal building. Said side yard shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
ZONING PERMIT
A document signed by the Zoning Officer which is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D. 
Schedule of Zone District Area, Yard and Building Requirements. The schedule of area, yard and building requirements which are contained in Schedule A at the end of this chapter sets forth the regulations of this chapter with respect to minimum lot size, minimum yard dimensions, maximum impervious lot coverage, maximum height, number of stories, minimum floor area, off-street parking and garages for each of the various zones. Unless modified elsewhere in this chapter, such standards shall be the minimum or maximum, as the case may be, in each of the several zones. Schedule A is incorporated herein and is made a part hereof.
E. 
Supplementary zone district regulations.
(1) 
General. 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, § 85-18 et seq. No person shall receive more than one transient merchant license per year per lot.
[Amended 8-20-1997 by Ord. No. 2053]
(a) 
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.
(b) 
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.
(c) 
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.
(d) 
No yard or other open space provided for any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or other open space for any other building on any other use on a lot.
(e) 
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.
(f) 
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 chapter; and, if already less than the minimum required by this chapter, said area or dimension shall not be further reduced.
(g) 
The maximum floor area ratio or impervious surface coverage set forth in Schedule A shall not be exceeded or, if already more than the maximum, shall not be further increased.
(h) 
No lot shall have erected upon it more than one principal residential building and no yard or other open space provided about any building for the purpose of complying with the provisions of this chapter 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.
(i) 
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 the Land Subdivision Ordinance of the Borough of Roselle, 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 improved public street or improved private roadway connected with an improved public street.
(j) 
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.
(k) 
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 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.
[Amended 6-27-2001 by Ord. No. 2133]
(l) 
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 chapter, except as provided for in § 118-1E(1)(l)[1] and [2] below.
[Amended 6-14-2006 by Ord. No. 2248-06]
[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 three 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 three 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 must be removed from the sidewalk each day by 9:00 p.m. Outdoor dining is only permitted between the hours of 7:00 a.m. and 9:00 p.m. daily during the months of April through and including October.
(m) 
A secondary building attached to a primary building shall comply in all respects with the yard requirements of this chapter for the primary building. Detached accessory buildings shall be located to the rear of the front building line of the primary building and shall conform to the side yard requirements of the Schedule with respect to all other property lines. Should this provision conflict with the provisions set forth in those sections relating to a specific district, the district regulation shall control. No accessory building shall be constructed or used on any lot where the principal structure is not devoted to said use.
[Amended 8-20-1997 by Ord. No. 2053]
(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 chapter either with respect to any existing structures or use and any proposed structures or use.
(o) 
Off-street parking facilities shall adhere to the following:
[1] 
Off-street parking spaces shall be provided as further specified in this chapter and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner. All parking areas, passageways and driveways shall be surfaced with a dustless, durable, all-weather pavement, equal to at least a two-inch bituminous wearing course over a minimum six-inch rolled stone base course clearly marked for car spaces and shall be adequately drained, all subject to the approval of the Borough Engineer.
[2] 
None of the off-street parking facilities as required in this chapter shall be required for any existing building or use, unless said building shall be enlarged or the use changed, in which case the provisions of this chapter shall apply both to the existing and enlarged portion of the building or new use.
[3] 
No off-street parking space shall be located within a required front yard area in any zone. For the purpose of this requirement, residential driveways shall not be considered parking spaces.
[4] 
Construction plans for all one-family dwellings shall include an enclosed private garage of not less than 12 feet by 20 feet; construction plans for all two-family dwellings shall include an enclosed private garage of not less than 24 feet by 20 feet. Such garage space as well as any garage space in existence at the time of the passage of this chapter with regard to any residence; be it one-, two- or multifamily shall not be subsequently converted in a manner which would preclude its use for the storage of at least one automobile if the residence is a single-family and two automobiles if the residence is a two-family.
[5] 
All parking areas and appurtenant passageways and driveways serving other than single- or two-family residential uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation and at other times when required for the safety and security of the premises. The lighting shall not adversely affect others outside the site. Therefore, only low intensity lights shall be used. Where the light source may be visible from surrounding residential use lot lines, a shield shall be provided or the fixture design shall be such that the yielding angle at the mounting height will prevent the light source from being visible at five feet above the ground level 10 feet beyond such residential use lot lines.
[6] 
Off-street parking areas located in all zones other than residential and which provide parking for 15 or more vehicles shall be planted with two-inch caliper nursery-grown shade trees of species approved by the Borough Engineer as suitable for the intended purpose and located throughout the parking area at a minimum rate of one per 2,500 square feet of paved, parking area.
[7] 
No parking shall be permitted during nonbusiness hours on a motor vehicle service establishment, unless the vehicle has become inoperable in the process of mechanical repairs being performed on the premises.
[8] 
Other provisions and requirements. Off-street parking space shall be provided as follows: one-family houses; two-family houses; townhouses; garden apartments and multifamily houses shall provide not less than two off-street parking spaces for each dwelling unit except as set forth herein:
[a] 
For one-family houses, one of these spaces shall be a garage as set forth in Subsection E(1)(o)[4] and the second may be a driveway leading thereto.
[b] 
For two-family houses and multifamily houses not in excess of four families, two of the spaces shall be two twelve-by-twenty-foot garages or one twenty-four-by-twenty-foot garage as set forth in Subsection E(1)(o)[4] and the other two or more may be a driveway leading thereto.
[c] 
For townhouses, garden apartments and all multifamily housing which contains more than four families, each dwelling shall provide 11/2 parking spaces per dwelling unit.
[d] 
For townhouses and garden apartments, all off- street parking shall be located behind the required building setback line and no parking spaces shall be located closer than five feet from a townhouse or garden apartment structure, except where parking spaces are located in the building.
[e] 
Professional office uses in residences shall provide not less than one space for each 250 square feet of gross floor area devoted to the profession in addition to the resident required space.
[f] 
Notwithstanding the provisions of § 118-7B(4), the following uses shall provide not less than the following number of off-street parking spaces:
[Added 8-20-1997 by Ord. No. 2053]
Uses
Space
Laundro-
mat
1 per 6 machines
Taverns
1 per 1.5 seats
Fast food
1 per 30 square
feet of gross
public area
Nonadult school
2 per classroom
Hospitals
1 per 1.5 beds
Clinics
1 per 1.5 beds
Assisted living
1 per 1.5 beds
Nursing home
1 per 1.5 beds
Funeral home
1 per 4 seats
Day-care facilities
1 per employee, in addition to any residential requirements
Dance, martial arts studios
1 per 120 square feet gross public area
(p) 
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.
(q) 
The limitations of sign area as set forth in Chapter 98 for the business and industrial 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.
(r) 
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 are in conflict, the most restrictive shall apply.
[Amended 9-26-1990 by Ord. No. 1814; 8-20-1997 by Ord. No. 2053]
(s) 
No accessory building shall be constructed on any lots in which there is not a principal building or structure.
(t) 
No dwelling units or apartments shall be permitted on any floor level which is lower than 12 inches below finished grade.
(u) 
Rear dwellings are prohibited and no accessory building, including garages shall be used as dwellings.
(v) 
District borders. Within 10 feet of any boundary between districts, the area requirements shall conform to those of the most restricted district.
(w) 
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.
(x) 
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 chapter 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.
(y) 
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, and provided further that a one-family dwelling in districts other than the Residence A Zone shall have a frontage of not less than 50 feet.
(2) 
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 chapter shall not apply to the following when attached to the principal structures: spires, belfries, cupolas and domes, monuments, chimneys, flagpoles, private radio and telephone antennae, 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 Schedule A, 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) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
STORY
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above it.
STORY ABOVE GRADE
Any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade when the distance from the grade to the finished surface of the floor above the basement is more than six feet (1.829 meters) for more than 50% of the total perimeter or more than 12 feet (3.658 meters) at any point. Where Schedule A sets forth story and height limitations, the structure must meet both requirements.
(d) 
(Reserved)
(e) 
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.
(3) 
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 the Schedule of Zone District Area, Yard and Building Requirements, as annotated.
(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.
(4) 
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 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 chapter.
(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.
F. 
Schedule of conditional uses. Schedule B, which is found at the end of this chapter, sets forth the list of conditional uses and designates which uses are permitted in each zone. Schedule B is incorporated herein and is made a part hereof.
The regulations set forth in this section or set forth elsewhere in this chapter when referred to in this section are the regulations in the Residence A Zone.
A. 
Use regulations. A building or premises shall be used only for the following purposes:
(1) 
Permitted primary uses.
(a) 
A dwelling for one family or for one house-keeping unit. Nothing herein shall prevent the taking of boarders or the leasing of rooms, provided that:
[1] 
There is no more than a total of two such boarders.
[2] 
There is no display of advertising.
[3] 
Each sleeping room has at least 80 square feet in area.
[4] 
There is no cooking facilities in any sleeping room.
(b) 
Residential professional offices. An accountant, architect, attorney, chiropractor, doctor of medicine, optometrist or an engineer may provide an office in this residence, provided further that
[1] 
The residence must be the principal residence of the professional.
[2] 
Not more than two employees, be they other professionals or staff employees, may be employed in the premises other than the residential professional.
[3] 
The site must provide at least one off-street parking space for each professional and employee and one parking space for each 200 square feet of office space.
[4] 
There shall be no display of goods or advertising.
[5] 
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.
[6] 
Notwithstanding the provisions of § 98-13B, 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. In addition, one customary professional sign or nameplate sign not more than 21 square feet in area is permitted. If such a sign is illuminated, the direct source of light shall be shielded in such a manner that it is not visible from the street or any adjoining residential property unless it is a porch light or lamppost light.
(c) 
Golf courses.
(d) 
Playgrounds and parks.
(e) 
Libraries, museums and art galleries.
(2) 
Permitted secondary uses.
(a) 
Private garages not in excess of 750 square feet of building area, including detached and attached garages.
(b) 
Customary residential storage buildings not in excess of 200 square feet of building area.
(c) 
Shelters for domestic pets not in excess of 50 square feet of building area, exclusive of runs.
(d) 
Other customary residential secondary structures such as private swimming pools, private tennis courts, fireplaces, trellises, post lights and the like.
(e) 
Signs, in accordance with Chapter 98.
(f) 
The following secondary uses are permitted in conjunction with a permitted golf club, provided that the operation of such facilities is clearly incidental and subordinate to the operation of the golf club.
[1] 
Clubhouse facilities, including dining and refreshment facilities.
[2] 
Caretaker dwellings, including not less than 500 square feet of floor space.
[3] 
Structures for the storage of maintenance equipment and supplies.
[4] 
Supplemental recreational facilities, such as swimming pools, tennis courts and other similar facilities.
B. 
Bulk regulations. Schedule A shall apply except as modified herein.
(1) 
Minimum frontage. The minimum frontage of a lot shall be measured along its street line and shall be such as to permit an aggregate of 20% of its total frontage to extend beyond the width of a building, and an aggregate of 30% of its total frontage to extend beyond the width of a building thereon, measured at the second story level of such building. In no event shall the frontage of any lot be less than 60 feet.
(2) 
Area regulations.
(a) 
Front yard Schedule A shall apply. In addition:
[1] 
No story of a building shall be nearer to the street line on any street other than the average alignment of the corresponding stories of existing buildings within 200 feet of each side of the lot and within the same block. Where there are no existing buildings within 200 feet of each side of the lot and within the same block:
[2] 
No part of any building shall be nearer to the line of any street than 25 feet.
[3] 
In no event shall any building be required to be set back more than 50 feet from the street line.
(b) 
Side yard. There shall be a side yard on each side of a building not less than five feet in average width at the ground story level nor less than seven feet in average width at the second story level and in no event less than four feet at any point.
(c) 
Courts.
[1] 
The minimum width of a court opening for its full width on a street or yard shall be at least five feet for a one-story building, at least 10 feet for a two-story building and at least 15 feet for a building taller than two stories.
[2] 
The minimum width of an inner court, with no opening for its full width on a street or yard, shall be at least eight feet for a one-story building, at least 15 feet for a two-story building and at least 20 feet for a building taller than two stories. Such inner court shall be at least twice as long as the required minimum width or of an equivalent area.
(3) 
Private garages and accessory buildings.
(a) 
Erection and construction. The provisions of Roselle Borough Code §§ 46-116 and 46-121 and BOCA shall apply and govern the erection and construction of private garages.
(b) 
Occupancy.
[1] 
A private garage may be occupied by the motor vehicle of any person, whether or not the owner of such vehicle is the occupant of the premises. No more than one commercial vehicle may be garaged on any premises. "Garaged," for purpose of this subsection only, is defined as being either housed within an attached or detached enclosure or situated on the driveway immediately adjacent thereto, which driveway is commonly used as the approach to said garage. No vehicle, commercial or otherwise, may be parked on any lot, lawn or location other than as herein before specified. If a physical garage is present, the vehicle must be placed in the garage when on the property. If no physical garage is present or if the vehicle can not fit into the garage, "garaged" shall be defined as a vehicle being situated on a drive-way immediately adjacent to a home and in juxtaposition to a curb cut provided for the purpose of access to a driveway, except that any vehicle with a maximum weight-carrying capacity of two tons must be kept in an enclosed garage and if no garage is present said vehicle may not be parked on the premises.
[2] 
Except for campers commonly used for dwelling purposes, trucks, tractors and/or trailers over three tons' gross weight shall be prohibited from parking in any Residence A or B Zone on any lot, whether improved or unimproved.
(c) 
Location of accessory buildings, including private garages.
[1] 
In the case of an interior lot fronting upon only one street, no accessory building shall be erected or altered so as to encroach upon that half of the lot depth nearest the street.
[2] 
In the case of an interior lot fronting upon two or more streets, no accessory building shall be erected or altered so as to encroach upon that fourth of the lot depth nearest each and every street.
[3] 
In the case of a corner lot fronting upon two streets, no accessory building shall be erected or altered so as to encroach upon the area between each respective street and a line drawn parallel to such street in a manner to divide the lot into two equal parts.
[4] 
In the case of a corner lot fronting upon three or more streets, no accessory building shall be erected or altered so as to encroach upon that fourth of the lot depth nearest each and every street.
[5] 
No accessory building shall be located within five feet of its rear lot line when such line forms part of the front half of the side line of an adjacent lot or the front quarter of an adjacent through lot, whether the latter be an interior or corner lot. In no case shall an accessory building project beyond the setback line controlling the adjacent buildings on the same side of the street within the block. The word "street," as used in this subsection, shall mean a public highway 24 feet or more in width.
[6] 
Notwithstanding any of the foregoing requirements, nothing shall prohibit the location of an accessory building 75 feet or more from all streets bounding the block. None of the foregoing limitations upon the location of an accessory building is incorporated as an integral part of, or is enclosed by the same enclosing walls as, the building to which it is accessory.
[7] 
Garaging as an accessory use for not more than three motor vehicles may be provided in a single lot in any residential zone, except when provided in conjunction with multifamily residences.
C. 
Conditional uses. The provisions of Schedule B shall apply.
The regulations set forth in this section or set forth elsewhere in this chapter when referred to in this section are the district regulations in the Residence B Zone.
A. 
Use regulations. A building or premises shall be used only for the following purposes:
(1) 
Permitted primary uses.
(a) 
Any use permitted in a Residence A Zone except that roomers and boarders shall not be permitted in a two-family structure.
(b) 
A dwelling, detached or semi-detached, for not more than two families or not more than two housekeeping units.
(c) 
Home occupations, provided that there shall be no display of goods or advertising and that such use shall occupy an area equivalent to not more than 25% of the floor area of a single story. Such use shall not be conducted within an accessory building.
[1] 
The residence must be the principal residence of the person providing the service.
[Added 8-20-1997 by Ord. No. 2053]
[2] 
No employee other than resident members of the household shall be permitted.
[Added 8-20-1997 by Ord. No. 2053]
[3] 
The site must provide one off-street parking space for each 250 feet of space devoted to the home occupation. Said parking spaces shall be in addition to spaces otherwise required in the Residence B zone.
[Added 8-20-1997 by Ord. No. 2053]
[4] 
No signs shall be permitted.
[Added 8-20-1997 by Ord. No. 2053]
(d) 
Hospitals and sanatoriums for noncontagious diseases, dispensaries and charitable institutions other than correctional institutions.
(e) 
Clubhouses.
(f) 
Parks and playgrounds.
(2) 
Permitted secondary uses. The provision of § 118-2A(2) shall apply.
B. 
Bulk regulations. The provision of Schedule A shall control except as provided herein:
[Amended 9-26-1990 by Ord. No. 1814]
(1) 
Area regulations.
(a) 
Side yard. The provisions of § 118-2B(2)(b) shall apply, except that where two houses are semidetached having a common party wall, fire separation wall or fire wall, there shall be a side yard on each side of such structure not less than 10 feet in average width at any level.
(b) 
Courts. The provisions of § 118-2B(2)(c) shall apply.
(2) 
Private garages and accessory buildings. The provisions of § 118-2B(3) shall apply except that the commercial vehicle restrictions shall not apply to any zone other than Zone A.
C. 
Conditional uses. Schedule B shall apply.
The regulations set forth elsewhere in this chapter when referred to in this section are the zone regulations in the Residence C Zone.
A. 
Use regulations.
(1) 
Permitted primary uses. A building or premises shall be used only for the following purposes:
(a) 
Any use permitted in a Residence B Zone.
(b) 
A multiple dwelling.
(c) 
Hotels.
(d) 
Parks and playgrounds.
(2) 
Permitted secondary uses. The provisions of § 118-2A(2) shall apply unless modified herein.
B. 
Bulk regulations. Schedule A shall apply; and in addition, where there are three or more livable floor levels, the building shall contain at least one passenger elevator of sufficient capacity to serve all occupants.
(1) 
Setback for Residence A and B uses. For uses permitted in the Residence B District, the area regulations set forth in the schedule for Residence B shall apply but within the same block, no part of any building shall be nearer to the line of any street than 25 feet.
(2) 
Area regulations.
(a) 
Side yard. See Schedule A, except that where a building is designed to contain three or more families, there shall be a side yard on each side equal to a distance of 1/2 the height of the building and no less than 15 feet at any level; provided, however, that side yards abutting Residence A and Residence B Districts shall be no less than 30 feet.
(b) 
Courts. The provisions § 118-2B(2)(c) shall apply.
[Amended 9-26-1990 by Ord. No. 1814]
(c) 
Density. Buildings shall be designed for and occupied by not more than 35 families for each acre of land used.
(d) 
Dwelling unit size. In any multiple dwelling, no less than 80% of the units shall be one-bedroom or efficiency or studio apartments and no more than 20% of the units shall be two-bedroom apartments. No unit shall contain more than two bedrooms.
(e) 
Minimum tract area per dwelling unit (square feet):
Build-
ing
Effi-
ciency
1-Bed-
room
Unit
2-Bed-
room
Unit
3-Bed-
room
Unit
2
2,500
2,500
3,400
4,000
3 or more
1,300
1,300
1,500
1,700
(f) 
Dwelling units. Each dwelling unit shall conform to the following requirements:
[1] 
There shall be access to at least one bathroom without passing through any bedroom.
[2] 
No dwelling unit or any portion thereof, shall be permitted below the first floor of any apartment building.
[3] 
A minimum storage area of not less than 500 cubic feet shall be provided for each dwelling unit within the same apartment building. Such storage areas shall be exclusive of any garage, or any closet or other space within the dwelling unit.
(3) 
Off-street parking.
(a) 
Private garages and accessory buildings. For any number of units not in excess of four units, at least two twelve-by-twenty-foot garages shall be required. If the multifamily dwelling exceeds four units, no garages are required.
(b) 
The off-street parking requirements set forth in § 118-1E, entitled "Supplementary zone district requirements," shall apply. In addition, the following regulations shall apply:
[1] 
Size of parking places. Each parking place shall be not less than eight feet six inches wide nor more than 10 feet zero inches wide. The minimum requirement of 180 square feet per parking place shall be exclusive of adequate means of ingress, egress and aisles.
[2] 
Parking setback. No parking shall be permitted within the front yard area.
(c) 
Aisles, minimum width.
[1] 
Ninety-degree-angle parking. Aisles servicing ninety-degree-angle parking places shall be no less than 25 feet in width.
[2] 
Sixty-degree-angle parking. Aisles servicing sixty-degree-angle parking places shall be no less than 17 feet in width.
[3] 
Forty-five-degree-angle parking. Aisles servicing forty-five-degree-angle parking places shall be no less than 11 feet four inches in width.
[4] 
Thirty-degree-angle parking. Aisles servicing thirty-degree-angle parking places shall be no less than nine feet in width.
(d) 
Parallel parking, one-side or two-side. Aisles servicing parallel parking places shall be no less than 11 feet in width.
(4) 
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 Building Inspector.
(5) 
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 need a prior condition to the issuance of the building permit.
(6) 
Lighting. Adequate lighting shall be provided for the safety of persons using the parking areas; provided, however, that such lighting shall be constructed so as not to be a nuisance.
C. 
Conditional uses. The provisions of Schedule B shall apply.
The regulations set forth in this section or set forth elsewhere in this chapter when referred to in this section are the district regulations in the Residence D District.
A. 
Use regulations. A building or premises shall be used only for the following purposes:
(1) 
Permitted primary uses.
(a) 
Any use permitted in a Residence B District.
(b) 
Multiple dwellings commonly known as "garden-type apartments," which shall consist of buildings of brick or brick veneer construction with Georgian-type or gable roofs. No building shall have a flat roof.
(c) 
Parks and playgrounds.
(2) 
Permitted secondary uses. The provisions of § 118-2A(2) shall apply.
B. 
Bulk regulations.
(1) 
Building size.
(b) 
For garden apartments, not more than 16 dwelling units shall be located in a single structure, and there shall be a setback in the building facade of at least four feet for not over each eight units.
(2) 
Area regulation.
(a) 
Interior setbacks. The following minimum distances shall be maintained between apartment buildings. No apartment building shall be closer than 30 feet to any other apartment building.
(b) 
Open space. Not less than 30% of 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.
(c) 
Development density. Development density shall be as follows:
Number of
Bed-
rooms
per
Dwelling
Unit
Effi-
ciency
and One-
Bed-
room
Two-
Bed-
room
Three-Bed-
room
Four-
Bed-
room
Minimum square feet of tract area per dwelling unit
2,500
2,900
3,400
4,000
(d) 
Yards. No apartment building shall be closer than 35 feet to any street right-of-way line, nor closer than 35 feet to any property line.
(e) 
Design. Every dwelling unit shall meet the following requirements:
[1] 
Each dwelling unit shall have or have immediate access to two separate entrances not on the same exterior wall.
[2] 
Each dwelling unit shall have not less than two exposures.
[3] 
In each dwelling unit there shall be access to at least one bathroom without passing through any bedroom.
[4] 
No dwelling unit, or portion thereof, shall be permitted above the second floor or below the first floor of any apartment building.
[5] 
A minimum storage area of not less than 500 cubic feet shall be provided for each dwelling unit within the same apartment building. Such storage areas shall be exclusive of any garage, or any closet or other space within the dwelling unit.
[6] 
The maximum length of the front elevation of any apartment building shall not exceed 85 feet without an offset, and such offset shall be no less than four feet.
[7] 
No apartment building shall be constructed so that the angle between any two abutting exterior walls is less than 90º.
C. 
Conditional uses. The provisions of Schedule B shall apply.
A. 
Use regulations. A building or premises shall be used only for the following purposes:
(1) 
Permitted primary uses.
(a) 
Townhouses.
(b) 
Parks and playgrounds.
(2) 
Permitted secondary uses. The provisions of § 118-2A(2) shall apply.
B. 
Bulk regulations. Townhouse dwelling 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. In addition, for each individual lot with a width less than the required average, there shall be not less than one individual lot with a width greater than the required average, and the deviation from the required average of the larger lot shall be at least equal to the deviation from the required average of the smaller 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. In addition, for each individual lot with an area less than the required average, there shall be not less than one individual lot with an area greater than the required average, and the deviation from the required average of the larger lot shall be at least equal to the deviation from the required average of the smaller lot.
[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 § 118-1C, 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. In addition, for each individual lot with a front or rear yard less than the required average, there shall be not less than one individual lot with a corresponding yard greater than the required average, and the deviation from the required average of the larger yard shall be at least equal to the deviation from the required average of the corresponding smaller 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.
[1] 
Design.
[a] 
Each dwelling unit shall have not less than two means of ingress and egress.
[b] 
Each dwelling unit shall have not less than two exposures.
[c] 
There shall be no more than eight dwelling units in any single group of dwelling units.
[2] 
Siting.
[a] 
Each group of dwelling units shall be set back not less than 35 feet from primary or secondary 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, and subject to the approval of the Planning Board.
(c) 
Private garages. Garages constructed on individual lots under this chapter shall be subject to Subsection B(1)(d)[1] and [2] above and the following:
[1] 
A garage need not set back from one side line of an individual lot and may be attached to a garage on an adjacent individual lot.
[2] 
No garage which is not attached to or part of a townhouse on the same individual lot shall be closer than 20 feet to said 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.
C. 
Conditional uses. The provisions of Schedule B shall apply.
The regulations set forth in this section or set forth elsewhere in this chapter when referred to in this section are the district regulations in the Business Zone.
A. 
Use regulations: A building or premises shall be used only for the following purposes:
(1) 
Permitted primary uses.
(a) 
Retail stores.
[1] 
Hardware, paint, glass and wallpaper stores.
[2] 
Department stores and variety stores.
[3] 
Dry goods store.
[4] 
Food stores, dairy stores and retail bakeries.
[5] 
Apparel and accessories stores.
[6] 
Furniture, home furnishings and equipment stores.
[7] 
Radio, television and music stores.
[8] 
Restaurants except fast-food.
[9] 
Drugstores.
[10] 
Food processing for retail sale and process.
[Amended 8-20-1997 by Ord. No. 2053]
[11] 
Liquor stores.
[12] 
Book and stationery stores.
[13] 
Jewelry stores.
[14] 
Florist stores.
[15] 
Cigar stores and news dealers.
[16] 
Camera, photographic supply and art supply stores.
[17] 
Gift, novelty and souvenir stores.
[18] 
Sporting goods, bicycle and hobby stores.
[19] 
Optical goods stores.
[20] 
Luggage and leather goods stores.
[21] 
Similar types of establishments.
[Amended 8-20-1997 by Ord. No. 2053]
(b) 
Personal service establishments limited to the following:
[1] 
Banks and fiduciary institutions.
[2] 
Credit agencies.
[3] 
Security and commodity brokers.
[4] 
Real estate and insurance offices.
[5] 
Holding and investment company offices.
[6] 
Laundry and dry-cleaning pickup stores.
[7] 
Photographic studios.
[8] 
Barber and beauty shops.
[9] 
Shoe repair shops.
[10] 
Garment pressing, alteration and repair shops.
[11] 
Miscellaneous repair services other than automotive.
[12] 
Dance studios and schools.
[13] 
Medical and health services, excluding veterinarian services.
[14] 
Legal services.
[15] 
Engineering and architectural services.
[16] 
Accounting and bookkeeping services.
[17] 
Business offices.
[18] 
Parks and playgrounds.
[19] 
Martial arts school.
[Added 8-20-1997 by Ord. No. 2053]
[20] 
Gyms and aerobic studios.
[Added 8-20-1997 by Ord. No. 2053]
[21] 
Funeral parlors.
[Added 8-20-1997 by Ord. No. 2053]
[22] 
Similar types of personal service establishments.
[Added 9-26-1990 by Ord. No. 1814; amended 8-20-1997 by Ord. No. 2053]
(c) 
(Reserved)
(d) 
Notwithstanding the provisions of Subsection A(1)(a)[8], fast-food restaurants shall be permitted on parcels fronting on First Avenue and St. Georges Avenue.
(e) 
No building or portion thereof shall be used as a dwelling.
B. 
Bulk regulations.
(1) 
Area regulations. The provisions of Schedule A shall apply.
(2) 
Truck loading and unloading. Facilities for loading and unloading shall be provided on the property in other than the front yard area in sufficient amount to permit the transfer of goods in other than a public street.
(3) 
Buffer. Wherever a use in this zone is on a lot which abuts a residence zone, a ten-foot-wide landscape buffer area shall be provided adjacent to the residence zone boundary in a manner approved by the Roselle Planning Board. Such buffer area shall be suitably planted and maintained with landscaping materials of such species and sizes so as to preclude any detrimental effect upon the adjacent residence zone.
(4) 
Parking.
(a) 
Off-street parking space for the use of customers and employees shall be provided as follows (this required parking may be considered to be met by an adjoining public parking facility subject to the determination of the Roselle Planning Board that there is sufficient available capacity). These regulations shall also apply to the central business, office building, commercial, commercial-industrial and industrial zones unless modified hereinafter.
[Amended 8-20-1997 by Ord. No. 2053]
[1] 
Retail business uses: one space for each 180 square feet of gross floor area.
[2] 
Personal and business service establishments: one space for each 180 square feet of gross floor area.
[3] 
Professional offices: one space for each 250 square feet of gross floor area.
[4] 
Restaurants: one space for each four seats, plus one space for each two employees.
(b) 
No parking shall be permitted within the front yard.
(c) 
No parking or obstruction shall be permitted in one side yard for a width of 15 feet from the street line to the rear property line.
C. 
Conditional uses. The provisions of Schedule B shall apply.
The regulations set forth in this section or set forth elsewhere in this chapter when referred to in this section are the district regulations in the Central Business Zone.
A. 
Use regulations. All regulations applicable to the Business Zone shall be applicable to the Central Business District with the following exceptions:
(1) 
No building or portion thereof shall be used for a dwelling.
(2) 
Fast-food restaurants are prohibited.
B. 
Bulk regulations. The provisions of Schedule A shall apply except:
(1) 
No building shall occupy more than 50% of the lot area.
(2) 
No part of any building fronting on a main thoroughfare shall be nearer to the street line on which it fronts than 23 feet.
(3) 
No part of any building fronting, siding or backing on Chestnut Street shall be nearer to the street line on Chestnut Street than 23 feet.
(4) 
The bulk regulations set forth in § 118-7B(2) through (4) shall be applicable to the Central Business District.
[Added 8-20-1997 by Ord. No. 2053]
The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations in the Office Building Zone.
A. 
Use regulations.
(1) 
Permitted primary use.
(a) 
A building or premises shall be used only for business and professional administrative office buildings.
B. 
Bulk regulations. The provisions of Schedule A shall apply except:
(1) 
Building area. No building shall occupy an area greater than 40% of its lot.
(2) 
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.
(3) 
The bulk regulations of § 118-7B(4)(a)[2] and [3] shall be applicable to the Office Building Zone.
[Added 8-20-1997 by Ord. No. 2053]
C. 
Conditional uses. The provisions of Schedule B shall apply.
The regulations set forth in this section or set forth elsewhere in this chapter when referred to in this section are the zone regulations in Commercial Zone.
A. 
Use regulations. Building or premises shall be used for any use permitted in the Business District, except the following uses are not permitted:
(1) 
Amusement parks, dance halls, skating rinks, concert halls, theaters, motion-picture houses and billiard parlors.
B. 
Bulk regulations.
(1) 
Fence and buffer area.
(a) 
No structure shall be erected without the construction of an aluminum chain link fence six feet high with green aluminum slats of uniform construction along the boundary line of an abutting residential zone, except that if the building faces the residential zone, 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 buffer area shall contain two staggered rows of Norwegian spruce trees which shall be at least six feet high when planted, each row to be planted not more than 30 feet on centers. A curb of Belgian block or poured concrete shall run along the border of the buffer area most distant from its boundary line with the abutting residential district.
(c) 
Plans and site designs for the construction of fences and planting as herein required shall be shown on plot plans submitted to the Building Inspector prior to the issuance of the building permit. The Building Inspector shall require moneys to be placed in escrow for a period not to exceed one year to insure the replacement of any landscaping should it perish within one year of completion. In addition, the applicant shall provide site drainage plans to the Borough Engineer for his review and approval prior to issuance of the building permit.
(d) 
Any person owning lands on which the buffer area is located shall maintain the aforesaid area, fence, trees, curbs and drainage system and shall keep the same free of debris. In the event that the owner fails to maintain the area as aforesaid after the Building Inspector has given said owner at least 20 days' notice in writing to do so, the necessary work shall be done by the Borough and the cost thereof shall be charged to the owner and collected in the same manner as the collection of real estate taxes.
(2) 
Building area. No building shall occupy an area greater than 50% of its lot.
(3) 
The bulk regulations set forth in § 118-7B(4)(a) through (c) shall be applicable to the Commercial Zone.
[Added 8-20-1997 by Ord. No. 2053]
C. 
Conditional uses. The provisions of Schedule B shall apply.
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 to the emission of any environmental pollutants; and to provide for the safe and efficient flow of vehicles to and from industrial areas.
A. 
Use regulation. A building or premises shall be used only for the following purposes:
(1) 
Permitted 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 Subsection A(2) 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) 
Municipal parks and playgrounds.
(2) 
Performance standards.
(a) 
Any noise produced on premises shall not be in excess of the standards listed in § 81A-7.
(b) 
Any smoke emitted from any source on the premises shall not be of a density greater than that density described as No. 1 on the Ringlemann Chart, as published by the United States Bureau of Mines.
(c) 
No fly ash, dust fumes, vapors, gases or other form of air pollution which can cause any damage to health, to animals or vegetation, to soil or to other forms of property shall be permitted.
(d) 
There shall be no emissions of odors in such quantities as to be offensive at lot boundary lines.
(e) 
No activity shall be maintained on the premises which will produce heat or glare beyond any property line.
(f) 
No machinery or operation shall be permitted which shall cause perceptible vibration discernible to the human sense of feeling at the property lines of the lot on which the site is located.
(g) 
No activity shall be maintained on the premises which may result in or cause hazard of fire, explosion, radiation, disease or other physical hazard to persons, plant growth, buildings or other property.
(3) 
Permitted secondary uses.
(a) 
Garage and storage buildings which are necessary to store any vehicles, equipment or materials on the premises incidental to the principal structure or use.
(b) 
Off-street parking space for the use of employees and visitors.
B. 
Bulk regulations. The provisions of Schedule A shall apply in addition to the following:
(1) 
Off-street parking. The provisions of § 118-7B(4) shall apply except as modified as follows. Parking places shall be provided as follows:
(a) 
At the rate of not less than one place for each 1,000 square feet of building floor area measured on each floor for warehouses.
(b) 
At the rate of not less than one place for each 250 square feet of building floor area measured on each floor for office buildings.
(c) 
At the rate of not less than one place for each 700 square feet of building floor area measured on each floor for all other buildings.
(d) 
No parking shall be permitted within the front yard area.
(2) 
Lighting. Exterior lighting shall be provided and directed so as not to shine upon areas outside the Industrial District.
(3) 
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.
(4) 
Buffer. Wherever a use in this zone is on a lot which abuts a residence zone, a ten-foot-wide buffer area shall be provided adjacent to the residence zone boundary. Such buffer area shall be suitably planted and maintained with landscape materials of such species and sizes, as approved by the Roselle Planning Board.
(5) 
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, an aluminum chain link fence eight feet high with green aluminum slats of uniform construction and many similar appearances to other fences in the zone shall be installed on all side and rear property lines abutting the residential zone.
C. 
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 of 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.
D. 
Distance between buildings. The distance between buildings built on any single-owned parcel of land shall be not less than the combined side yard requirements established by reference to the lot line between buildings or, in the absence thereof, to a line drawn in its place by the owner thereof for the purpose of establishing the side yard requirements.
E. 
Conditional uses. The provisions of Schedule B shall apply.
The area of public facilities, which are of a permanent nature, including all administrative, educational and public recreational lands in the Borough. The height, area, yard and building requirements for structure in the Public Zone shall be the height, area, yard and building requirements of the most restrictive zone which abuts any portion of the parcel which is owned by the public entity. 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.
A. 
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.
[Added 8-20-1997 by Ord. No. 2053]
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.
A. 
Use regulation. A building or premises shall be used only for the following purposes:
(1) 
Permitted uses.
(a) 
Buildings or premises shall be used for any use permitted in the commercial zone.
(b) 
Office buildings for executive, engineering and administrative purposes, but not professional or general offices.
(c) 
Scientific or research laboratories, but not including manufacturing, comprising any of the following: biological, chemical, dental, pharmaceutical and general research.
(d) 
The following manufacturing, processing, packaging or assembly use, provided that they can demonstrate the capability to maintain the performance standards set forth in Subsection A(2) of this section at all times in this 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 are totally similar in purpose, function, character and effort.
(e) 
Wholesale sales and distribution.
(f) 
Municipal parks and playgrounds.
(2) 
Performance standards.
(a) 
Any noise produced on premises shall not be in excess of the standards listed in § 81A-7.
(b) 
Any smoke emitted from any source on the premises shall not be of a density greater than that density described as No. 1 on the Ringelmann Smoke Chart, as published by the United States Bureau of Mines.
(c) 
No fly ash, dust fumes, vapors, gases or other form of air pollution which can cause any damage to health, to animals or vegetation, to soil or to other forms of property shall be permitted.
(d) 
There shall be no emissions of odors in such quantities as to be offensive at lot boundary lines.
(e) 
No activity shall be maintained on the premises which will produce heat or glare beyond any property line.
(f) 
No machinery or operation shall be permitted which shall cause perceptible vibration discernible to the human sense of feeling at the property lines of the lot on which the site is located.
(g) 
No activity shall be maintained on the premises which may result in or cause hazard of fire, explosion, radiation, disease or other physical hazard to persons, plant growth, buildings or other property.
(3) 
Permitted secondary uses.
(a) 
Garage and storage buildings which are necessary to store any vehicles, equipment or materials on the premises incidental to the principal structure or use.
(b) 
Off-street parking spaces for the use of employees and visitors.
B. 
Bulk regulations. The provisions of Schedule A shall apply, in addition to the following:
(1) 
Off-street parking. The provisions of § 118-7B(4) shall apply, except as modified as follows. Parking places shall be provided as follows:
(a) 
At the rate of one place for 800 square feet of building floor area measured on each floor for warehouses.
(b) 
At the rate of not less than one place for each 250 square feet of building floor area measured on each floor for office buildings.
(c) 
At the rate of not less than one place for each 180 square feet of building floor area measured on each floor for retail use.
(d) 
No parking shall be permitted within the front yard area.
(2) 
Lighting. Exterior lighting shall be provided and directed so as not to shine upon areas outside the commercial/industrial district or upon any residential use.
(3) 
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.
(4) 
Fence and buffer area.
(a) 
No structure shall be erected without the construction of an aluminum chain link fence six feet high with green aluminum slats 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 buffer area shall contain two staggered rows of spruce or white pine trees which shall be at least six feet high when planted, each row to be planted not more than 30 feet on centers. A curb of Belgian block or poured concrete shall run along the border of the buffer area most distant from its boundary line with the abutting residential district.
(c) 
Plans and site designs for the construction of fences and planting as herein required shall be shown in plot plans. Prior to the issuance of the building permit, the Building Inspector shall require moneys to be placed in escrow for a period not to exceed one year to ensure the replacement of any landscaping should it perish within one year of completion. In addition, the applicant shall provide site drainage plans to the Borough Engineer for his review and approval prior to issuance of the building permit.
(d) 
Any person owning lands on which the buffer area is located shall maintain the aforesaid area, fence, trees, curbs and drainage system and shall keep the same free of debris. In the event that the owner fails to maintain the area as aforesaid after the Building Inspector has given said owner at least 20 days' notice in writing to do so, the necessary work shall be done by the Borough and the cost thereof shall be charged to the owner and collected in the same manner as the collection of real estate taxes.
(5) 
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, an aluminum chain link fence eight feet high with green aluminum slats of uniform construction or other slat of a similar appearances to other fences in the zone shall be installed on all side and rear property lines abutting the residential zone.
C. 
Prohibited uses. The following uses or activities are specifically prohibited in this zone:
(1) 
All uses prohibited in § 118-11C.
D. 
Distance between buildings. The distance between buildings built on any single-owned parcel of land shall be not less than the combined side yard requirements established by reference to the lot line between buildings or, in the absence thereof, to a line drawn in its place by the owner thereof for the purpose of establishing the side yard requirements.
E. 
Conditional uses. The provisions of Schedule B shall apply.
[1]
Editor's Note: Former § 118-13, Conditional uses, was redesignated § 118-16 by Ord. No. 2053.
A. 
Swimming pools. The provisions of §§ 104-1, 104-2, 104-5 and 104-11 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 55D-70b and for variances pursuant to N.J.S.A. 40:55D-70c and 55D-70d from §§ 104-1, 104-2, 104-5 and 104-11 only. All other sections of Chapter 104 shall be deemed exercises of the Borough's police powers not zoning.
B. 
Signs. The provisions of Chapter 98, 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. To the extent that § 98-24A(5) provides for an appeal to the Roselle Borough Council, that provision is hereby repealed.
(1) 
All wall signs shall be subject to the following limitations. Any one or combination of walls signs on a structure shall not exceed an area of 10% of the facade facing a public street. If more than one commercial establishment occupies the structure, the signage for each establishment shall be limited to 10% of the facade nevertheless. Nothing in this subsection herein shall be construed to regulate the percentage of the sign assigned to any one or more commercial endeavors operating within the structure. To the extent that § 98-22B(1) conflicts with this subsection, this subsection shall control. It is the intent of this subsection that wall signs be limited to 10% of the facade facing a public street with the further proviso set forth in § 98-22 that no wall sign or signs exceed 300 square feet. For purposes of this subsection, facades shall be limited to one story.
[Added 8-20-1997 by Ord. No. 2053]
(2) 
Any one or combination of freestanding signs or ground signs on a lot shall not exceed 80 square feet per side.
[Added 8-20-1997 by Ord. No. 2053]
(3) 
The square footage of a sign shall include all areas, including logos, other than posts or stanchions.
[Added 8-20-1997 by Ord. No. 2053]
(4) 
Roof signs and roof ornaments which are commercial in nature are prohibited.
[Added 8-20-1997 by Ord. No. 2053]
(5) 
Canopy signs. Canopy signs shall be permitted in all nonresidential zones provided that the sign does not encroach on the right-of-way and does not extend from the building facade more than three feet.
[Added 8-20-1997 by Ord. No. 2053]
C. 
Nonconforming uses or structures.
[Amended 8-20-1997 by Ord. No. 2053]
(1) 
Continuance. Except as otherwise provided in this chapter, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued although such use of building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however, that:
(a) 
No nonconforming lot shall be further reduced in size.
(b) 
No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use, or as follows.
(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.
[Amended 8-20-1997 by Ord. No. 2053]
(3) 
Destruction. No nonconforming structure or use which is more than partially destroyed may be reconstructed unless it meets all bulk requirements of this chapter.
[Amended 8-20-1997 by Ord. No. 2053]
(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 chapter 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.
[Amended 8-20-1997 by Ord. No. 2053]
(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 chapter 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 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 Residence Districts, Central Business Districts, Commercial Districts, Office Building Districts and Industrial Districts within the Borough of Roselle.
(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 premanufactured 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.
G. 
Ordinances saved from repeal. Notwithstanding anything herein to the contrary, all those portions of Chapter 77, commonly known as the "Land Use Procedures Ordinance of Roselle" and all supplements, additions and amendments thereto, not specifically amended, deleted or modified by the within chapter shall remain in full force and effect All predecessor sections of Chapter 118 not incorporated herein are repealed.
[Amended 9-26-1990 by Ord. No. 1814; 7-24-1991 by Ord. No. 1837; 9-18-1996 by Ord. No. 2014]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CERTIFICATE OF USE
Indicates that as a result of a general inspection of the visible parts of the building, no violations have been determined to have occurred and no unsafe conditions have been found and that the existing use of the building has heretofore lawfully existed.
B. 
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.
C. 
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.
D. 
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.
E. 
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.
F. 
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.
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 chapter, under the following stipulations and guiding principles:
(1) 
The use for which application is being made is specifically authorized as a conditional use set forth in Schedule B.
(2) 
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 chapter and the Master Plan of the Borough.
(3) 
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 chapter.
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.
(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
Mini-
mum Lot Size
(square
feet)
Mini-
mum Lot
Front-
age
(feet)
Maxi-
mum Lot
Coverage
(percent)
Automotive gasoline station
20,000
150
20
Automotive service station
40,000
200
20
Automotive repair garage
40,000
200
45
Automotive repair (body)
40,000
200
45
Automotive sales and service
80,000
200
25
Automotive sales lot (includes used car lots)
20,000
100
20
[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.
(b) 
Such lot shall be located within the following limitations:
[1] 
No closer than 1,000 feet to a public or private school, hospital, church, library or other similar place of public assembly.
[2] 
No closer than 100 feet from the intersection of any two streets.
(c) 
Yard requirements, which are applicable to all pumps, mechanical equipment and other appliances in addition to the main structure are as follows:
[1] 
Front, side and rear yard areas: 25 feet.
[2] 
Maximum building height: one story.
(d) 
Fuel tanks.
[Amended 12-30-1992 by Ord. No. 1895]
[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 for 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 ground must have a state-approved tank which are constructed and housed in a vault, with double containment system, and which provides a two-hour firewall 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 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 from 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) 
(Reserved)
(h) 
(Reserved)
(i) 
(Reserved)
(j) 
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.
(k) 
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.
(l) 
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 property. 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 13/4 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 at all times.
(m) 
Parking facilities shall be maintained as follows:
[1] 
Two square feet of space for each square foot of floor area in the primary 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.
(n) 
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.
(o) 
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.
(p) 
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.
(q) 
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) 
All regulations for the zoning district in which the use is to be located shall be complied with, except that the minimum lot area shall be not less than 20,000 square feet.
(b) 
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.
(c) 
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.
(d) 
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 densely planted evergreen shrubbery, solid fencing or a combination of both which in the opinion of the Roselle Planning Board will be adequate. Such buffer screen shall have a minimum height of five feet above finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area.
(5) 
Car washes. Conditions regarding car washes shall be as follows:
(a) 
All other regulations for the district in which the use is to be located shall be complied with, except that the minimum lot area for a car wash shall be not less than 20,000 square feet.
(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:
[Added 8-20-1997 by Ord. No. 2053]
(a) 
All other regulations for the district in which the use is to be located shall be complied with.
(b) 
Ingress and egress shall be so designed as not to interfere with normal traffic flow in the area.
(c) 
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 upon off-site traffic.
(d) 
The applicant shall provide appropriate signage indicating direction of ingress and egress.
(e) 
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:
[Added 8-20-1997 by Ord. No. 2053]
(a) 
All other regulations for the district in which the use is to be located shall be complied with.
(b) 
Furniture stripping shall be prohibited on the premises unless the use is located in the industrial zone.
(c) 
Exterior displays shall not be permitted.
(d) 
A minimum of 3,000 square feet of gross floor area shall be required.
(e) 
Off-street parking. Off-street parking for the use of customers and employees shall be provided as follows: one space for each 250 square feet of gross floor area.
C. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C, Application procedure, was repealed 8-20-1997 by Ord. No. 2053.
[1]
Editor's Note: This section was previously included as § 118-13, Conditional uses and was redesignated § 118-16 by Ord. No. 2053.
A. 
This chapter 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 chapter, 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.
[Amended 12-19-2001 by Ord. No. 2148]
A. 
All sections of any ordinance of the Borough of Roselle containing provisions contrary to the provisions of this chapter, except Ordinance No. 1620, adopted March 27, 1985, shall be and are hereby, to the extent of such inconsistency, repealed.
B. 
This chapter shall be effective after final hearing publication and filing with the Union County Planning Board.