Borough of Rutherford, NJ Article IV General Regulations

§ 131-6 Application of regulations.

A. No building shall hereafter be erected, and no existing building shall be used, moved, structurally altered, converted, rebuilt, added to or enlarged or reduced, wholly or in part, nor shall any land be designed, used or physically altered, for any purpose or in any manner other than those included among the uses listed as permitted uses in each zoning district by this chapter and meeting the requirements set forth in the schedule of regulations (§ 131-7), nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the area and bulk requirements, off-street parking and loading requirements and all other regulations designated in the schedule and this chapter for the zoning district in which such building or space is located.

B. Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open space in connection therewith and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which it is located and so that all lots have frontage on a street.

C. No part of a yard or open space required about any building or off-street parking or loading space required for one building or use for the purpose of complying with the requirements of this chapter shall be included in whole or in part as meeting the yard, open space, off-street parking or loading space requirements for another building or use.

D. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and the certificate of occupancy shall become void.

E. No person shall rent or suffer to be occupied an impermissible unit in a building which such person owns or otherwise controls.

F. Upon a tenant being required to vacate an impermissible rental unit, the landlord of said tenant shall pay to said tenant all reasonable moving and relocation expenses incurred in the procuring of a new rental unit; any security deposit; any pro rata rent which may be due to the tenant because of the tenant being required to vacate the unit prior to the expiration of the tenancy; as well as any attorney fees and legal costs incurred by the Borough of Rutherford.

§ 131-7 Schedule of regulations

A. Schedule of regulations adopted. The schedules of regulations entitled "Table of General Use Regulations" and "Table of General Bulk Regulations,"[1] attached hereto and applying to the uses of land and buildings, the yards and other open spaces to be provided contiguous thereto and all other matters contained therein or indicated for the various zones established by this chapter, are hereby declared to be part of this chapter.

[1] Editor's Note: Said tables are included as attachments to this chapter.

B. Regulations as minimum requirements. The regulations listed for each zone on said schedules of regulations are hereby prescribed for such zone, subject to other pertinent provisions of this chapter, and shall be deemed to be the minimum requirements in every instance of their application.

C. Schedules of regulations. See attached schedules as referenced in § 131-7A above.

D. Supplements to schedules of regulations. The following are supplemental schedules to the Table of General Use Regulations (§ 131-7A):

(1) The following is a detailed list of principal permitted local retail, office and service uses for the B1, B-3, B3/SH and B4 Districts:

[Amended 2-27-2018 by Ord. No. 3449-18]

(a) Uses enumerated.

[Amended 9-13-2021 by Ord. No. 3580-21]

Ambulatory surgical centers

Antique shops

Appliances and electronics

Architects

Art and school supply stores

Art galleries and studios

Barbershops

Beauty shops

Bicycle stores, including rental and repair

Blueprinting and photostating establishments

Book or stationery stores, except adult bookstores

Camera and photographic supply stores

Card shops

Catering establishments

China and glassware stores

Clothing and costume rental shops

Coin and stamp stores

Computer sales and servicing stores

Custom dressmaking and millinery shops

Draperies, curtains and upholstery stores

Drugstores

Dry-cleaning stores, except self-service

Employment agencies

Finance companies

Floor coverings store

Florist shops

Food stores, grocery stores, meat and fish markets, bakery good sales, candy and ice cream shops and delicatessens

Furniture and home furnishings stores

Furrier shops

Gift shops

Haberdasheries

Hardware stores

Hobby shops

Household appliance stores

Insurance offices

Interior decorating shops

Jewelry stores, including watch repair

Laundries employing not more than four persons in addition to one owner or manager

Leather goods and luggage stores

Linen stores

Liquor stores

Locksmith shops

Music and record shops

Musical instrument shops

Newsstands

Office supply stores

Paint, glass and wallpaper stores

Permanent cosmetics establishments

Pet shops

Physicians

Photograph developing and processing shops

Photographers' or artists' studios

Picture-framing establishments

Printing, lithographing or publishing establishments for letter press, business cards, mimeographing and other similar services; newspaper publishing, including engraving and photoengraving

Radio, stereo and TV sales and repair shop

Religious article sales shop

Real estate offices

Restaurants and food service establishments, excluding drive-in and walkup window establishments

Retail bakeries

Schools for music, dance, computer training, martial arts or tutorial programs

Secondhand stores, when conducted wholly within a completely enclosed building

Service stations

Sewing machine stores

Shoe repair stores

Shoe stores

Sporting goods stores

Tailor shops

Theaters, excluding drive-in theaters

Tobacco shops

Toy shops

Travel bureau and ticket offices

Vacuum sales and repairs

Variety stores

Video rental and/or sales stores

Wearing apparel shops

(b) None of the foregoing permitted uses shall carry merchandise other than that intended to be sold at retail on the premises.

(c) Any use not specifically and expressly permitted herein for the B-3 District is prohibited.

(2) The following is a detailed list of principal permitted automobile serving or transient-oriented retail and service uses permitted for the HC District:

	Carpet, rug and linoleum stores
	Electrical and household appliance stores, including radio and television sales
	Furniture stores
	Garden centers
	Lumberyards
	Masonry and building materials sales
	New car and truck dealerships
	Office supply stores
	Paint and wallpaper stores
	Plumbing showrooms
	Restaurants, including drive-in restaurants, theaters and bowling alleys

(3) ORD District. The following is a list of principal conditional uses permitted in the ORD District:

(a) Manufacturing plants of a type which carry on processes within completely enclosed buildings, including the manufacture, assembly or treatment of products from previously prepared materials.

(4) The following is a list of principal conditional uses permitted in the HC District:

(a) Off-tract, off-street parking.

(b) Service stations.

(c) Amusement centers. (See § 131-36)

(5) Amusement game operations, except amusement centers, shall be an additional permitted accessory use in all districts except residential districts, provided that a license is obtained in accordance with Chapter 8, Amusement Games, of this Code and said use is limited to no more than 20% of the floor area of the principal use of the premises.

(6) Residential apartments shall be a permitted conditional use in B-1, B-3 and B-3/SH Districts, subject to the following conditions:

[Amended 2-16-1999 by Ord. No. 2884-99; 12-28-2010 by Ord. No. 3218-10; 6-28-2011 by Ord. No. 3230-11]

(a) All residential units shall be located in a building with a ground floor that is primarily devoted to a permitted nonresidential use, which is defined as no less than 80% of the gross building area of the ground floor level of the building being devoted to a nonresidential use.

(b) The primary public access point to the nonresidential use must be located on the front facade of the building or structure.

(c) The horizontal width of the front facade of the ground floor nonresidential space must be no less than 80% of the gross outside width of the front facade of the building and contain traditional shop windows. If the building has more than one front facade, this requirement would be applied along each street frontage.

(d) The entire building facade shall conform to all applicable Downtown Facade Design Guidelines.

(e) Principally permitted nonresidential uses shall not be restricted to the ground floor level and may also be situated above the ground floor.

(f) No residential units shall be permitted on the ground floor or in the basement area of a mixed-use building.

(g) No residential units shall be permitted in buildings or structures that include an industrial or light industrial use or a dry cleaning operation.

(h) Prior to a change of occupancy of a residential unit, a certificate of occupancy shall be obtained.

E. Supplements to schedules of regulations. The following are supplemental schedules to the Table of General Bulk Regulations[2] for the B-3 District.

[Added 9-12-2016 by Ord. No. 3403-16]

(1) General.

(a) This section shall apply to all buildings in the Rutherford Business District ("the District"), which is specifically designated in Schedule A[3] attached hereto and made a part hereof, that are or become used, whether all or in part, for nonresidential use; provided, however, that these rules shall not apply to public buildings.

[3] Editor's Note: Schedule A is on file in the Borough Clerk's office.

(b) The purpose of this section is to provide a clear approach to design and construction of the built environment in the District with the goal of improving the appearance of the District by both preserving existing, architecturally significant buildings and facades and allowing for the creation of new, architecturally significant buildings and facades. The exterior architectural appeal and the proposed plan of a building when erected should not be so at variance with those of buildings already constructed or in the course of construction in the immediate neighborhood as to cause a substantial depreciation of the property values of the surrounding buildings. Additionally, new signage and other streetscape improvements should reinforce the goal of improving the appearance of the District.

(c) No construction permit shall be issued for signage, exterior construction, and/or exterior alteration or renovation for any building in the District, used in whole or in part for nonresidential purposes, without the review and approval of plans by the Zoning Officer.

(d) Nothing contained here shall exempt any property owner, tenant, or applicant from compliance with any requirement of the Rutherford Building and Zoning Department, the New Jersey State Building Code, and other applicable laws and codes.

(2) Streetscape Committee.

(a) For each application presented to it, the Streetscape Committee shall report its final findings and recommendations to the Zoning Officer.

(b) Composition.

[1] A Streetscape Committee of nine members shall be established, consisting of the following classes:

[a] Class 1: A member of the Planning Board appointed by the Mayor.

[b] Class 2: A representative from the Building and Zoning Department appointed by the Mayor.

[c] Class 3: Four members of the business community located in the commercial area of the Borough appointed by the Mayor, at least one of which should be from the West End of the Borough.

[d] Class 4: Three Borough residents appointed by the Mayor.

[2] At least two of these members shall have had training or experience in building design.

(c) Terms. All members shall serve at the pleasure of the Mayor.

(d) Organization. The Committee shall elect a Chairperson and Vice Chairperson.

(e) Powers and duties. The Streetscape Committee shall be advisory to the Zoning Officer and shall function under the Zoning Board's authority.

(f) The Committee is authorized to adopt its operational procedures. It shall have the following powers and duties:

[1] Assist applicants in attaining conformance with acceptable design and construction standards, with emphasis on informal discussions.

[2] Review applications pertaining to design criteria set forth within this chapter and recommend approval or disapproval to the appropriate board or official.

[3] Monitor the erection and condition of the streetscape throughout the Borough for compliance with the streetscape regulations.

[4] Advise the Zoning Officer of violations or noncompliance with this chapter and recommend measures for their correction.

[5] Review and recommend amendments to this chapter for consideration by the Mayor and Borough Council.

[6] Meet at least once per month.

(3) Application procedures.

(a) Any improvement or change to a building's facade, signage, lighting or appearance of the streetscape within the District shall be subject to review and approval as provided in this section. All applications requesting review of such improvements or changes shall be filed with the Zoning Officer and referred to the Streetscape Committee, when applicable, in accordance with the requirements stated herein.

(b) The applicant shall file seven copies of the application with the Zoning Officer. The Streetscape Committee shall place all applications received from the Zoning Officer on its agenda for its next monthly meeting and shall notify the applicant of the completeness of the initial application as soon as practical thereafter. An application will be considered complete if all of the information requested within same has been provided. New applications filed after the Streetscape Committee's monthly meeting shall be considered the following month.

(c) For each application presented to it, the Streetscape Committee shall report its final findings and recommendations to the Zoning Officer. The Streetscape Committee shall conduct its review of the application to determine compliance with this section.

(d) Within 10 days of the completed review of the Streetscape Committee's report, the Zoning Officer will issue his/her decision on the application.

(e) Any person, association of persons or corporation within the District and subject to this chapter shall have the right of appeal of any decisions made pursuant to this section in accordance with N.J.S.A. 40:55D-72; provided, however, that if the application is part of an application for development before the Planning Board, the appeal will be before the Planning Board. Nothing herein shall prevent an application for variance relief under the New Jersey Municipal Land Use Laws. Each appeal shall be taken within 20 days of receiving notice of the decision of the Zoning Officer.

(4) Required submissions.

(a) Before commencement of any improvements, an applicant who proposes signage or construction, alteration, and/or renovation to any building facade within the District shall submit seven complete sets of the following documents to the Zoning Officer:

[1] Professional certified accurate drawings, sketch plats and/or narratives to scale, depicting all elements of signage; building elevation; any element to be demolished, removed or changed; all proposed materials, colors and finishes; and all proposed facade construction, alteration, and/or renovation.

[2] Photographs of the existing subject property and adjacent buildings.

[3] When available, documentation (historic photos or drawings and the like) of any original conditions or buildings that support restoration of, or changes to, the building and/or facade.

[4] Such additional documentation as the Zoning Officer may determine necessary for its review.

(5) Design requirements for rehabilitation or renovation and alteration. All applications for approval shall comply with the following standards:

(a) Building mass and style.

[1] The proposed design shall consider the original mass (size and shape) of the building and shall be in accordance with the standard set forth in Subsection E(1)(b).

[2] The proposed design shall consider the relationship between the building facade and its original window and door spacing and heights, bays and cornices, remaining original upper stories and shall be consistent with those buildings within 200 feet.

(b) Facade treatments and materials.

[Amended 8-7-2023 by Ord. No. 3656-23]

[1] When facade changes are made, hidden architectural elements and original materials shall be restored or replaced to match the original architecture of the building where practicable and if reasonable. Existing, architecturally significant elements shall not be covered or hidden.

[2] In any historic structure, materials that were not available in the era of the building's original construction shall not be used, except where reproduction materials make historic details replaceable that otherwise might not be replaceable.

[3] Residentially scaled, horizontal vinyl or aluminum siding and exterior insulation finishing systems (EIFS) are not permitted.

[4] Where the historic construction was brick, stone or stucco, the original masonry and mortar shall be uncovered, repaired, and restored, or replaced with historically correct construction products where practicable and if reasonable. The original color and texture of masonry surfaces shall be restored.

[5] Old mortar shall be duplicated in color, texture and bonding strength so as to avoid damage to masonry.

[6] All painting and paint colors shall require approval. Painting of masonry is prohibited. It may be considered when stained or missing masonry cannot be restored to a neat and clean appearance by reasonable means. Colors must be selected to match the section of the Sherwin-Williams Preservation Palette and/or the Benjamin Moore Historical Collection that is appropriate for the architectural style and period of the original building. Vibrant colors in the preservation palette shall only be used for trim and should be used to accentuate trim and other architectural elements such as windows, doors and cornices. Only satin, flat finish or eggshell finish shall be used on the body of the building.

[7] Facades shall be cleaned with the gentlest materials possible in order to prevent damage to the facade of the existing building. All facades shall be maintained in a clean condition and shall be maintained free of animal excreta.

(c) Storefronts.

[1] The design shall be compatible with the proportions of the rest of the building.

[2] The entry door shall be recessed, with the display windows set next to the sidewalk in accordance with the applicable building code of the Borough of Rutherford and other applicable laws.

[3] The storefront shall be bounded by the sidewalk on the bottom, the lower edge of the upper facade on top, and a wall on either side.

[4] The storefront shall form a definable base for the building and be designed to fit within its original opening. It shall not extend beyond the original opening and shall not be reduced from its original height.

[5] The storefront may have recessed portions but shall not be recessed as a whole and shall be in accordance with the applicable building code of the Borough of Rutherford and other applicable laws.

[6] Glass should be a minimum of 70% of the base of the facade of the storefront to accommodate large display windows.

(d) Windows and doors.

[1] Original door and window openings (including transoms, lintels, and sills) and accenting features shall be maintained and shall be restored to historic size and style where practicable and if reasonable.

[2] If a door is replaced, or is not original, the new door must be selected as part of the entire facade and be compatible in design, shape, size, and color with the rest of the storefront and building.

[3] Window and door repairs shall replace damaged parts with like materials to that of the existing windows or doors.

[4] New windows should replicate the originals in size, style, spacing and division where practicable and if reasonable. They shall replicate the original height, including transoms, up to the original header height where determinable. True or architectural divided lights are required when divided light windows or doors are installed.

[5] Storm windows and storm doors are prohibited. Exterior screened window and exterior screened doors are prohibited. Glass shall be clear and untinted. Low-E coatings shall be clear.

[6] Removal of overdoor air-conditioning units and restoration of transoms is required when new storefronts are being installed unless the cost for removal exceeds the amount for installing the new storefront.

[7] Secondary doors leading to upper floors, where original or appropriate, shall be included in and coordinated with the rest of the renovation.

[8] Where a new storefront of windows is being designed and the original windows have been previously removed or destroyed, new anodized aluminum or brass frames and modern glass are permitted except where such product would significantly and adversely affect the historic nature of the building. The design shall be in keeping with the original size and style of the building where practicable and if reasonable.

[9] Window frames shall be of darker colors (bronze or copper patina, for example). White, sand or silver colored frames or unpainted aluminum frames are prohibited except on modern buildings where the style and design is original.

[10] Historically correct replacement windows shall be permitted and shall be made to fit the original opening, provided they are not egress windows.

(e) Detailing.

[1] Details (any individual feature of a building) shall remain and be restored wherever practicable and if reasonable. Replacement materials shall match existing where practicable and if reasonable. The applicant shall attempt to identify signs of a cornice or other architecturally significant elements, which may have been removed from a building, and more subtle details, such as the trim around windows, which may be important to the design of the overall facade, and restore or replace same where practicable and reasonable.

[2] New facade details and articulation shall be compatible with the design of similar nearby buildings within 200 feet and within Schedule A.[4] Horizontal lines, such as cornices, belt courses (horizontal banding) and opening heights often continue from one building to the next and shall not be disrupted where practicable and if reasonable.

[4] Editor's Note: Schedule A is on file in the Borough Clerk's office.

(f) Awnings. Awnings are permitted in all zoning districts, and awning signs shall be permitted in the B-1, B-2, B-3, B-3/SH, B-4, ORD and PCD Districts. Awnings and awning signs that are located in a zoning district wherein awning signs are permitted, excepting one- and two-family dwelling structures, shall be subject to the following standards:

[Amended 2-27-2018 by Ord. No. 3449-18]

[1] The installation of awnings is encouraged where architecturally appropriate. Awnings may be operable or fixed. Awnings shall be of a size, shape, material, color and design that is appropriate for the building upon which they are affixed and shall be in accordance with the standards set forth within § 131-7E(5)(b). Appropriateness will be determined by reviewing the design of the building to which the awning is affixed, as well as awnings on buildings within 200 feet of the existing building.

[2] The vertical flap of any awning shall not exceed eight inches in height.

[3] Lettering is restricted to the vertical flap of the awning and shall not exceed six inches in height.

[4] One emblem logo may be used per awning. Location of the awning's emblem logo is restricted to the center of the main body of the awning or to the center of the vertical flap. The maximum allowable size of an emblem logo shall be computed as follows: the awning's linear width multiplied by 15% shall be the maximum area (square footage) of the emblem logo, or four square feet, whichever is less.

[5] The size of awnings (clearances above the sidewalk and projection from the building) are regulated by the Borough of Rutherford's Zoning Code. The exact location and sizing of the storefront awning shall be coordinated with the building's original windows and cornices and other architectural details as well as existing awnings on adjacent buildings where they have been installed according to these regulations.

[6] Awning signs shall be calculated as part of the permitted sign square footage for a property as provided in § 131-7E(5)(h).

[7] The minimum height above the sidewalk for awnings shall be seven feet six inches at its lowest point.

[8] Awnings shall not extend above the first story nor over 12 feet six inches above the sidewalk, whichever is less, except that the individual awnings may be erected over windows located on floors above the first floor.

[9] No awning or awning sign may project more than three feet over any part of any street or any street right-of-way nor extend more than five feet from the building or structure to which it is attached. The owner of the building and/or tenant with an awning or awning sign accepts all liability for such awnings, awning signs or signage installed over the right-of-way. Retractable awnings located within the Park Avenue Business Improvement District may project five feet over any part of the street or any street right-of-way but may not extend more than five feet from the building or structure to which it is attached. The height of the awning, when fully extended, shall not exceed the length of its projection from the building.

[10] All awnings and awning signs must conform to the applicable building codes.

[11] No awning or awning sign shall be backlighted or be constructed of any material which permits the passage of light or allows light to be seen through the material so as to illuminate the exterior of the awning.

[12] No awning or awning sign shall have permanent illumination involving intermittent or flashing lights. This condition does not apply to temporary holiday/festive lighting decorations.

[13] All awnings, canopies or marquees shall be maintained in a clean and neat-appearing condition, and such maintenance, where applicable, shall include regular cleaning and removal and repainting of any chipped or blistered paint or replacement of fabric or material which is cracked, torn, ripped or otherwise disintegrating.

[14] Any awning, canopy or marquee which no longer identifies a bona fide business shall be taken down and removed or modified by the owner of the premises within 10 days after such business has ceased, and any permits or approvals therefor shall be deemed to have expired at such time.

[15] If the Construction Code Official finds that any awning, canopy or marquee has been erected in such a manner or has deteriorated to such a degree as to be unsightly or to constitute a hazard to the general public, the hazard shall be eliminated within 24 hours, and the awning, canopy or marquee shall be removed or repaired to the satisfaction of the Construction Code Official within 30 days after written notice of such condition has been served upon the owner, owner's agent, lessee or occupant. Failure to comply therewith shall be a violation of this chapter and subject the offender to its penalties.

[16] The lettering and logo portion of the awning sign shall be limited to the flap of the awning, not to exceed eight inches in height. There shall be no profane language on any display.

[17] Any building number on an awning sign shall be in Arabic numerals and English alphabet letters.

[18] The municipality reserves the right to establish licensing requirements for awnings which extend onto the Borough right-of-way.

[19] All canopies, awnings or marquees in the Rutherford Business District set forth at § 131-7E(1)(a) shall be reviewed for compliance with this section.

(g) Roof, chimney, and other elements.

[1] The original roof shape shall be maintained where practicable and if reasonable.

[2] If the roof is visible from street level, roofing materials that match the original in form, shape, size, color, and texture shall be used where practicable and if reasonable.

[3] Parapets, bays, towers, turrets, gables and dormers, and the like shall be preserved, restored and maintained where practicable and if reasonable.

[4] Satellite dishes, antennas, or mechanical equipment shall not be visible to pedestrian or vehicular traffic from the street, except where allowable by local ordinance or federal law.

[5] Chimneys shall remain the original material where practicable and if reasonable. Metal flue and cinderblock chimneys are prohibited unless same can be reasonably camouflaged to match the color of the existing building.

(h) Signage. The following shall apply to all applicable buildings noted on Schedule A[5] attached hereto:

[Amended 2-27-2018 by Ord. No. 3449-18]

[1] Location. The primary store identification signage must remain within the defined boundaries of the storefront. For a two-story building, the signage shall be placed above the storefront windows and below the second-floor windows. For a one-story building, the signage shall be placed above the storefront windows and below the top of the pediment. Secondary locations for signage may include the awning flap, inside storefront windows, or a small projecting sign attached to the building. Compliance with the Borough's Zoning Code shall be required.

[2] Size. The maximum allowable primary sign size is one square foot per linear foot of storefront at the building facade (or 50 square feet, whichever is smaller), as set forth in the Borough's Zoning Code.

[3] Design. The overall design of the sign shall complement the building facade and should reinforce the goal of improving the appearance of the District in accordance with § 137-7E(1)(b).

[4] Internally illuminated signs may have only separate individual letters of a single color with alphanumeric lettering containing the name of the business only. No logos, pictures, phone numbers or other illuminated items are allowed. Color shall be limited to white, light green or light blue for translucent characters. Halo-lit signs with opaque lettering may be any single color.

[5] New nonilluminated or externally illuminated signs are to be made of solid materials no less than 3/4 inch thick with carved, raised or hand-painted lettering and detail. They may be of more than one color and may include logos and other design features so long as free of clutter.

[6] Sign boxes. Unused sign boxes shall be removed. An existing box may only be reused by an existing business. If new cover panels are inserted, the new panel must be entirely opaque except for alphanumeric lettering which shall consist of a single line with the name of the business only. No illuminated logos, pictures, phone numbers or other characters will be approved. Color for the translucent characters shall be limited to white, light green or light blue.

[7] Prohibited signs. Back-lit sign boxes are prohibited. Existing back-lit signs must be removed when the existing sign is damaged or when a business ceases to operate at that location, to the extent permitted by law. Signs operated by sodium or metal halide lighting are prohibited. Any sign not specifically allowed in this section is prohibited.

[8] No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs, other places of business, other signs or windows of the building on which they are located. Except for authorized public information and direction signs, no sign shall be attached to trees, fence posts, stumps, utility poles, bridges, culverts or other signs but shall be freestanding or attached to buildings in an approved manner.

[9] A freestanding sign shall not exceed five feet in height, except as permitted.

[10] Attached signs shall be mounted flush on the building and shall not project above the roofline or over sidewalk areas in the business districts, except as permitted.

[11] Uses on corner lots shall be construed as having frontage on both streets, and signs shall be permitted accordingly.

[12] No billboards shall be erected.

[13] Overhanging signs are prohibited, except as provided in Subsection E(5)(h)[18][b] below.

[14] No flashing signs are permitted.

[15] All signs not specifically permitted are prohibited.

[16] Each business that shall have a sign designating the name of a business or the nature of a business using lettering or symbols of an alphabet other than the English language alphabet shall also convey on the sign such information in the English language alphabet with lettering at least four inches in height.

[17] Any sign which no longer identifies a bona fide business shall be taken down and removed by the owner of the premises within 10 days after such business has ceased, and any permits and approvals for such signs shall be deemed to have expired at such time. Before receiving any certificates of occupancy, any new business is required to meet the guidelines set forth at § 131-7E(5)(h).

[18] Permitted signs. The following signs are permitted for uses as specified in the various zone district regulations:

[a] Churches: one freestanding sign not exceeding 12 square feet in area and seven feet in height and set back at least 25 feet from all street rights-of-way and lot lines, plus one attached sign not exceeding 25 square feet in area.

[b] Garden apartment dwelling groups. Each development may have one sign along each arterial or collector road which the tract in question abuts, provided that there exists at least 150 feet of unbroken frontage. Such sign(s) shall not exceed 30 square feet in area and seven feet in height. In addition, each sign shall be set back from all street rights-of-way and lot lines a minimum of 30 feet and shall display only the development's name.

[c] B-3 and B-3/SH Business District uses.

[i] Each use located on the ground floor may have one nonflashing lighted or unlighted sign displaying the name of the use, attached flat to the front of the building, not exceeding an area equivalent to one square foot per lineal feet of building frontage occupied by the use on that particular building face or 50 square feet, whichever is smaller. When the buildings are designed for rear or side entrances, one unlighted sign may be attached flat against the building at the rear and side entrances, each sign not to exceed an area equivalent to 1/2 that of the maximum sign area permitted on the front of the building.

[ii] Projecting signs. Each building may have one projecting sign attached to the front of the building, not exceeding 15 square feet in area, and the greater dimension of the sign shall not exceed six feet. Said sign shall not extend more than three feet over any part of any street right-of-way nor extend more than five feet from the building to which it is attached. The bottom of a projecting sign shall be at least eight feet above the highest point of the finished grade along the applicable facade and shall not extend above the roofline or parapet or project above the highest elevation of the wall to which it is attached.

[iii] The only signs permitted above the ground floor shall be a single sign for each business establishment. The sign shall be painted on a single window in gold leaf, black or white. Each such sign shall be limited to two lines, and each line shall be limited to six inches in height. There shall be a maximum distance of separation of four inches between the two lines.

[19] Retail sale of goods and services, restaurants, banks, theaters and new car dealerships. Each use may have one freestanding sign not exceeding 100 square feet in area and 10 feet in height. This sign shall be set back at least 25 feet from all rights-of-way and lot lines. In addition, each use may have one attached sign not exceeding an area equivalent to 5% of the building front or 50 square feet, whichever is smaller. Where buildings are designed for rear or side entrances, one unlighted sign may be attached flat against the building at the rear and side entrances, each sign not to exceed an area equivalent to 1/2 that of the maximum sign area permitted on the front of the building.

[20] Office buildings and hotels: one sign used only to display the name of the office complex or hotel and not exceeding an area equivalent to 5% of the first-floor portion of the front facade or 100 square feet, whichever is smaller. Such sign may be either freestanding or attached and, if freestanding, shall be set back at least 25 feet from all street right-of-way and lot lines. Where an individual office unit has direct access from the outside, a sign not exceeding six square feet, identifying the name of the office, may also be attached to the building at the office entrance.

[21] Service stations. One freestanding sign and one attached sign are permitted. The freestanding sign shall not exceed 20 square feet in area and shall be set back at least 10 feet from all street rights-of-way and lot lines. The attached sign shall not exceed 30 square feet in area. In addition, the following special signs shall be permitted:

[a] One temporary sign inside the property line and specifically advertising special seasonal servicing of automobiles, provided that such sign does not exceed seven square feet in area.

[b] Directional signs of lettering over individual entrance doors or bays, consisting only of the words "washing," "lubrication," "repairs," "mechanic on duty" or other words closely similar in import, provided that there shall be not more than one such sign over each entrance or bay, the letters thereof shall not exceed 12 inches in height and the total of each sign shall not exceed six square feet.

[c] Customary lettering or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of gasoline sold, lead warning sign, a price indicator and any other sign required by law, and not exceeding a total of three square feet on each pump; and, if illuminated, such signs shall be nonflashing and shall not in any manner constitute a traffic hazard with respect to adjacent streets or intersections.

[d] A nonilluminated credit card sign not exceeding eight square feet in area, placed on or near the gasoline pumps.

[22] Laboratories, industrial and manufacturing plants, wholesale distribution centers and warehouses. One sign not larger than the equivalent of 5% of the area of the front wall of the building or 100 square feet, whichever is smaller, is permitted. If attached, the sign shall be attached flat against the building and shall not be higher than the roofline. If freestanding, the sign shall not exceed 10 feet in height and shall be set back from all street rights-of-way and lot lines at least 50 feet.

[23] Residential uses. One nameplate sign not to exceed one square foot may be placed anywhere in the front yard. In addition, one customary professional sign or nameplate not more than two square feet in area shall be permitted and shall be set back at least 1/2 the setback required for the principal building in the particular district.

[24] Clubs, lodges, community centers and nonprofit organizations. Each use may have one freestanding or attached name display sign not exceeding 10 square feet in area. This shall be set back at least 25 feet from all street rights-of-way and lot lines.

[25] Multifamily dwellings. Each use may have one attached name display sign not exceeding 10 square feet in area.

[26] University. Each university campus shall be permitted one name display sign along each collector or arterial street which the tract abuts. Such sign(s) shall not exceed 10 square feet in area and seven feet in height. In addition, each sign shall be set back a minimum of 30 feet from all street rights-of-way and lot lines. Other signs shall be permitted as determined necessary and reasonable by Planning Board site plan review.

[27] Miscellaneous signs.

[a] Real estate signs. Real estate signs, not exceeding six square feet in area in residential districts and 25 square feet in area in all other districts, shall be permitted. Such signs, advertising the sale, rental or lease of property, shall be maintained only on the premises to which they apply. Such signs shall be set back at least 15 feet from all street rights-of-way and lot lines. In cases where the building setback is less than 25 feet, such signs shall be not more than five feet from the building. All real estate signs shall be removed upon closing of title of said sale.

[b] Construction signs. Signs which identify the architects, contractors, engineers and other parties involved with the construction activity shall be permitted. Such signs shall not exceed four square feet for each firm involved in residential districts and 10 square feet for each firm involved in all other districts. Such signs shall be restricted to the construction site for the construction period. They shall be removed immediately upon completion of the work by the named parties. Such signs shall not include the advertisement of any product.

[c] Window display signs. Such signs are permitted as integral components of the window display of merchandise. No signs, however, shall be attached in any manner to the outside of display windows. Window display signs, when attached to the inside of display windows, shall cover an aggregate maximum of 30% of such window area.

[d] Public signs. Signs of a noncommercial nature in the public interest are permitted, provided that they are erected by, or on the order of, a public official in the performance of his/her public duty. Such signs shall include safety signs, danger signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest and other similar signs.

[e] Signs as part of a structure. Names of buildings, dates of erection, monumental citations, commemorative tablets, cornerstones and other similar signs are permitted as an integral part of the structure, provided that they are carved in stone, concrete or similar material or made of bronze, aluminum or another permanent type construction.

[f] Private traffic signs. Signs directing traffic movement onto or within a premises shall be permitted to a maximum area of three square feet for each sign. Horizontal directional signs on and flush with the pavement are exempt from these restrictions.

[28] For buildings containing more than one nonresidential tenant, one wall-mounted directory sign for each ground floor entrance to a building shall be permitted, whether such entrance fronts on a street or a parking lot. The maximum size of a directory sign shall not exceed six square feet in area. Such sign may identify all building occupant names and their addresses; however, no individual businesses shall occupy greater than one square foot in area of such sign. A wall-mounted directory sign may not be illuminated. All lettering on wall-mounted directory signs shall have the same font style and color.

[5] Editor's Note: Schedule A is on file in the Borough offices.

(i) Lighting.

[1] New and existing electrical wiring shall be concealed as part of facade work, including signage.

[2] Vestibule lighting of the wall-lantern type or recessed downlight fixtures are allowable. Gooseneck fixtures mounted directly above a wall-mounted sign or a simple shielded light bar mounted above or below the sign are acceptable. Sign lighting shall light the sign area only, shall not spill over onto adjacent properties, and shall not shine onto the street in such a manner as to interfere with or distract driver vision.

[3] Neon lighting is prohibited on the exterior of any building or as a border or framing of any storefront window or door.

[4] Light emission levels are regulated by the Borough's Zoning Code.

[5] Flashing and scrolling signs are prohibited.

(j) Fences.

[1] The following fence types are permitted: board-on-board, picket, stockade, tubular steel, wrought iron, or brick.

[2] Chain-link fences shall be prohibited except temporarily during construction.

(k) Building colors. The colors of buildings in the street wall shall be compatible with surrounding buildings within 200 feet. Consideration should be given to accentuating trim and other architectural elements such as doors and windows.

(l) Items permitted to be placed on sidewalks in front of buildings located in the Rutherford Business District.

[1] Items. Sandwich boards, pedestal signs, benches, planters, and displays may be placed on the sidewalk in front of the business establishment during hours of operation, subject to application and approval by the Borough Zoning Officer. The above items shall be placed as close to the buildings as reasonably practicable, and shall in all cases provide an area clear of all items between the curb and a point four feet in from the curb.

[2] Application. An applicant must submit the following for approval to the Zoning Officer, a copy of which will be provided to the Streetscape Committee:

[a] Scaled plan and elevation drawings and photograph of the front of the business establishment, the sidewalk, and the proposed items;

[b] A list and description of items to be placed on the sidewalk;

[c] Proof of compliance with the Borough's fire safety requirements;

[d] A certificate of insurance for liability of $1,000,000 combined single limit and indemnification of the Borough, and naming the Borough as a covered entity in its insurance policy.

[3] Maintenance. Signs, benches, and plants must be maintained in visible working condition or be subject to removal by the Borough. Outdoor items cannot be made of cardboard boxes, shipping crates, or other disposable containers. There also shall be no lewd or pornographic displays.

[4] Benches.

[a] Must be made of wood, metal or composite materials, and placed adjacent to building;

[b] May not exceed five feet in length, 30 inches in width, and 36 inches in height, and may not block the entrance to the commercial business;

[c] May not extend beyond the length of the storefront business establishment.

[5] Sandwich board signs.

[a] Shall be limited to one sandwich board sign in front of any business;

[b] Shall only be permitted in front of the business to which they pertain;

[c] Shall be no more than 2.5 feet wide by five feet high;

[d] Shall not be illuminated;

[e] Must be maintained in visible working condition by the applicant, or be subject to removal by the Borough;

[f] May be incorporated into a pedestal sign provided the sign component does not exceed 2.5 feet in height, and the total height is no more than five feet tall;

[g] Must be related to the applicant's business.

[6] Pedestal signs.

[a] Shall be limited to one pedestal sign in front of any business;

[b] Shall only be permitted in front of the business to which they pertain;

[c] Shall be no more than 2.5 feet wide by five feet high;

[d] The sign component shall not exceed 2.5 feet in height;

[e] The pole for a pedestal sign may not exceed four inches in diameter;

[f] Must be weighted to ensure they will not tip over;

[g] Must be related to the applicant's business.

[7] Planters. Decorative planters shall be made of wood, ceramic, or plastic, and located adjacent to the building establishment. The planters and plants must be maintained or be subject to removal. Each planter shall be less than 1.5 feet from the building, and shall be a minimum of 2.5 feet high (including the height of the plants).

[8] Fees. No fees shall be charged for businesses utilizing the sidewalk as described in § 131-7E(5)(l), subject to approval.

[9] All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

[10] Enforcement. All applications for use of the public sidewalks as described in § 131-7E(5)(l) will be submitted to the Zoning Officer for initial approval and will be forwarded by the Zoning Officer to the Building and Zoning Department for final approval and issuance of the permit. The Zoning Officer will be responsible for review of these items, and will forward information to the Building and Zoning Department or the Health Department as warranted when violations of the approved plans are observed.

(6) Design requirements for new construction. The following design requirements shall be considered and applied in reviewing applications for new construction in the District:

(a) New construction elements.

[1] All new construction, including additions to existing buildings, shall be designed to be compatible with the existing building and neighboring buildings in terms of material, height, scale, facade proportions, and window design and proportions set forth within § 131-7E(5) to the extent practicable. New buildings will be evaluated under this standard for their overall proportions, composition, details and quality and their design should contribute to an improved streetscape.

[2] All exterior walls of new construction shall be real brick, brick veneer, stone, wood siding, fiber cement, or metal panels as appropriate.

[3] Reflective glazing is prohibited. Glass must be clear, not tinted.

[4] Roofs may be flat or pitched. Consideration should be given to adjacent buildings within 200 feet.

[5] Blank walls are prohibited at all facades. Storefronts must follow the applicable subsections above.

[6] Storefront design, including awnings and signage, must conform to the applicable subsections above.

(7) Enforcement; violations and penalties.

(a) This section shall be enforced by the Building and Zoning Department of the Borough of Rutherford in accordance with the provisions of this section.

(b) Any person, firm or corporation that violates any provision of this section shall, upon conviction thereof, be fined a minimum sum of not less than $100 per violation and a maximum sum of not more than $2,000 per violation and may be imprisoned for a period of time not exceeding 90 days, as the court in its discretion may impose.

(c) Any person, firm, or corporation found to be in violation of any provision of this section within one year of the date of a previous violation may be subject to imposition of an additional fine and/or penalty as a repeat offender as provided in N.J.S.A. 40:49-5.

[2] Editor's Note: Said table is included as an attachment to this chapter.

§ 131-8 Accessory buildings and structures.

A. Accessory buildings and structures as part of principal buildings. Any accessory building or structure attached to a principal building shall be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.

B. Accessory buildings and structures not to be constructed prior to principal building. No building permit shall be issued for the construction of an accessory building or structure prior to the issuance of a building permit for the construction of the main building upon the same premises. If construction of the main building does not precede or coincide with the construction of the accessory building or structure, the Building Inspector shall revoke the building permit for the accessory building or structure until construction of the main building has proceeded substantially toward completion.

C. Distance between adjacent buildings. The minimum distance between an accessory building or structure and any other buildings on the same lot shall be as prescribed in the individual zone district regulations.

D. Height of accessory buildings and structures. The height of accessory buildings and structures shall be as prescribed in the individual zone district regulations.

E. Location. An accessory building or structure may be erected in rear yard areas only and shall be set back from side and rear lot lines as prescribed in the individual district regulations, except that, if erected on a corner lot, the accessory building shall be set back from the side street to comply with the setback line applying to the principal building for that side street and shall be set back from the rear lot line the distance required for a side yard in that district.

F. Garages. In residential zones, the owner shall not be required to replace or rebuild any existing vehicular garage building required by this chapter if said garage is destroyed by fire or condemned by the Building Inspector or his designee as unsafe; provided, however, that the same total number of off-street parking spaces are maintained.

G. Garages. Attached garages in residential zones where said garage is located along the river bank and is facing the river are an exception to the off-street parking requirement. The owner of said premises may proceed to change the use of that area of the dwelling previously designated for use as a garage to living space subject to permit application and approval in accordance with the applicable construction, electrical, and plumbing codes.

[Added 3-12-2013 by Ord. No. 3281-13]

§ 131-9 Buffers.

Buffer areas are required along lot and street lines of all nonresidential lots where said property lines or the center line of adjacent streets abut residential uses or residential zoning district lines. Each permitted use shall provide and maintain attractively landscaped grounds and suitable screening in order to safeguard the character of adjacent districts. The width of the buffer area for each particular zoning district shall be as prescribed in the district regulations. Buffer areas shall be measured horizontally and be either perpendicular to straight lot and street lines or radial to curved lot and street lines. Buffer areas shall be maintained and kept clear of all debris, rubbish, weeds and tall grass. No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area, and all buffer areas shall consist of dense planting, bushes, trees, earthen berms, grass, ground cover or fences or any combination thereof deemed sufficient to screen the view of a particular use. All buffer areas shall meet the following requirements:

A. Plant materials used in screen planting shall be at least six feet in height when planted and be of such density that all the glare of automobile headlights emitted from the premises are obscured throughout the full course of the year. The plant materials shall be of a species common to the area, be of nursery stock and shall be free of insects and disease.

B. Buffer areas shall be permanently maintained, and plant material which does not live shall be replaced within one year or one growing season.

C. The screen planting shall be so placed that at maturity the plant material will be no closer than three feet from any street or property line.

D. The buffer area shall not be broken unless specifically approved by the Planning Board or Board of Adjustment.

§ 131-10 Corner lots.

[Amended 12-19-2006 by Ord. No. 3127-06; 3-14-2016 by Ord. No. 3391-16]

Any structure, with the exception of a fence as provided for in § 131-11, located on a corner lot in any district other than B-3 shall be set back from both streets at least the required front yard distances, except as provided in §§ 131-20 and 131-22. No structure, fence, planting or wall over three feet in height shall be maintained within 20 feet of any street intersection to maintain the intersection sight triangle. The rear yard of any single-family or two-family residential structure located on a corner lot shall be permitted to have a minimum setback of 15 feet to the rear property line.

§ 131-11 Fences and walls.

[Amended 3-14-2016 by Ord. No. 3391-16]

A. No fence shall be erected of barbed wire, wire mesh, expanded metal, chipped glass, topped with metal spikes, electrically charged, temporary expandable and collapsible or in any manner which may be dangerous to persons or animals.

B. No fence or wall for an interior lot shall exceed the following heights in the listed zone, and all front yard fences shall be open fences:

		All Other Zones	B-2, HC, ORD Zones
	Front yard (feet)	3	6
	Side yard (feet)	4	8
	Rear yard (feet)	6	8
	(See attached Figure A)[1]
	Subject, however, to the following:

(1) A dog run may have fencing of a maximum of six feet in height, provided that such area is located in rear yard areas only and is set back from any lot line at least 10 feet. In no case may a dog run be closer to a neighboring building than it is to the principal building on the lot.

(2) A private residential swimming pool area must be surrounded by a fence as set forth in § 131-20.

(3) A tennis court area, located in rear yard areas only, may be surrounded by an open fence of a maximum of 15 feet in height, said fence to be set back from any lot line the distances required for accessory buildings in the individual zoning districts.

(4) Off-street parking, loading and driveway areas shall meet the requirements specified in § 131-14.

(5) With respect to all residential corner lot properties, and only as it applies to fences, the following terms, definitions, and heights shall apply:

YARD, FRONT

An open space extending across the full width of the lot and lying between the frontage street line and the closest point of any building on the lot, with the front yard being determined by the street address. The depth of the front yard shall be measured horizontally and at right angles to either a straight front lot line or the point of tangent of a curved front lot line.

YARD, REAR

An open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot.

YARD, SIDE

An open space extending from the front yard to the rear yard and lying between the side lot line opposite the nonfrontage street and the closest point of the principal building on the lot.

YARD, STREET SIDE

An open space extending from the front yard, as determined by the street address, to the rear yard and lying between the nonfrontage street line and the closest point of the principal building on the lot.

(6) No fence shall exceed the following heights listed or as determined by the Borough Code Official in reasonable exercise of discretion in order to protect the health and safety of the public in accordance with the Borough Code, and all front yard fences shall be open fences:

		All Other Zones
	Front yard (feet)	3
	Street side yard (feet)	4
	Side yard (feet)	4
	Rear yard (feet)	6
	(See attached Figure B)[2]
	Subject, however, to § 131-11B(1) through (4).

[2] Editor's Note: Said figure is included as an attachment to this chapter.

[1] Editor's Note: Said figure is included as an attachment to this chapter.

C. Fences in residential zones shall be installed so that the finished side of the fence faces the street or the neighboring property.

§ 131-12 Garden apartment dwelling groups.

A. Principal building requirements.

(1) No principal building shall exceed 160 feet in length.

(2) No building shall contain less than four nor more than 24 dwelling units.

(3) The yard requirements for principal buildings shall apply to each principal building except as provided in § 131-12A(10) below.

(4) Minimum yard areas shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum distance between buildings shall be the sum of the two abutting yard areas. No building, as measured radially from any corners, shall be closer to any other building corner than the combined distances of the side yard requirements for each building. The combined distance of two side yards shall exclude any driveway or vehicular access width, which is in addition to the combined side yard width.

(5) Clothes drying, off-street parking, play areas, waste containers or other services are not permitted in any front yard or any side yard on the street side of a corner lot.

(6) No principal building shall be located within 10 feet of an interior road or driveway. No building shall be located within 35 feet of any public street.

(7) One apartment for the exclusive use of the superintendent or caretaker may be located in the basement.

(8) No offices, professional or otherwise, shall be permitted in any garden apartment dwelling group building.

(9) Where an interior access road or driveway is located between buildings, the buildings shall be at least 50 feet apart.

(10) Buildings which are parallel to one another or approximately so, but which overlap by 20 feet or less, may abut one another, except that there shall be no more than three such buildings so joined in a group. Such buildings shall be structurally independent.

(11) Cellars may be permitted, but the use of any cellar must be specified in detail in the site plan. No dwelling units shall be permitted in cellars or basements, except as provided in § 131-12A(7) above.

(12) All principal buildings shall provide not less than two exterior exposures for each unit, each of which shall be properly placed so as to provide through ventilation or cross-ventilation for each unit.

(13) No less than 600 cubic feet of storage space shall be provided in basement areas for each apartment unit in the building. This shall be separate and apart from garage space requirements.

(14) No air-conditioning unit shall project more than six inches from the face of the wall of the building in which it is installed, and no window-type air-conditioning units shall be permitted.

(15) All principal buildings shall have television antenna equipment built into the building to eliminate individual antennas being erected upon the roof. In lieu thereof, cable television or its equal may be provided. This section shall not apply to a common antenna tower, subject to Planning Board approval.

(16) The number of living units per building and the general building plan must be approved by the Planning Board.

B. Density requirements. The maximum permitted density shall be 20 dwelling units per acre.

C. Dwelling unit requirements.

(1) Gross floor area minimum shall be as provided in Article IV, § 131-7A, Table of General Bulk Regulations.

(2) The floor plan of each garden apartment is to be approved by the Planning Board or Board of Adjustment. The approved plan shall not be altered in any way without the consent of the Planning Board or Board of Adjustment.

(3) In every apartment unit, all rooms occupied for sleeping purposes shall contain a minimum of 100 square feet of floor space for the initial occupant and a minimum of 50 additional square feet for the second occupant thereof.

D. Garage and accessory building requirements.

(1) Each garage space shall be a minimum of 10 feet in width and 22 feet in depth.

(2) The maximum joint capacity of each group of garage spaces arranged in a row shall be 12 vehicles.

(3) Vehicular access to garages shall be from the side or rear of any principal building.

(4) The entrance to such garages shall not be directly to any main access street or public street.

(5) Architectural design and materials used in construction of garages and accessory buildings shall conform to those used in the construction of the principal buildings.

E. Off-street parking and circulation. Off-street parking facilities shall be provided in accordance with Article IV, § 131-14 and, in addition, shall be subject to the following restrictions:

(1) All parking spaces and fire lanes, parking areas and lines on pavement shall be painted and maintained so as to be visible at all times.

(2) No parking shall be permitted on any road or accessway within the garden apartment development. All parking shall be specifically designated on a site plan for that purpose. Off-street parking areas shall be located beyond the street setbacks for principal buildings.

(3) Parking areas and access drives shall be paved and curbed and provided with adequate systems of storm drainage. Furthermore, each parking space is to be properly marked by lines. Such marking is to be properly maintained and policed at all times. The parking plan must be approved by the Planning Board or Board of Adjustment.

F. General requirements.

(1) All traffic ingress and egress to the garden apartment site shall be from an arterial street and not from a minor street. Such ingress and egress shall be subject to Planning Board approval.

(2) Sidewalks.

(a) Concrete sidewalks to be constructed in accordance with the Streets and Sidewalks Ordinance of the Borough of Rutherford[1] to a paved width of not less than four feet shall be provided:

[1] To and from buildings and parking areas.

[2] To and from buildings and roads or accessways.

[3] To all service areas.

[4] Wherever else required by the Planning Board at the time of site plan approval.

[1] Editor's Note: See Ch. 109, Streets and Sidewalks.

(b) No sidewalks, except those leading to and from building entrances and exits shall be placed closer to a building than 10 feet, but may be placed in landscaped areas and within required yard setback areas.

(3) All areas of a garden apartment site not used for the construction of buildings, roads, accessways, parking areas or sidewalks shall be fully and attractively landscaped with trees, shrubs and grass lawns. Any trees or shrubs in a healthy state at the time the development begins shall remain and be protected during construction, provided that they are within areas designated as open space and not subject to extreme grading. At least 25% of the gross site shall be devoted to common open space for use of residents.

(4) Exterior garbage containers shall be so located as to efficiently service all apartments but shall be clustered so as to have a minimum number of areas. All such areas shall be provided with sufficient screening on all sides by wood or other similar materials so as to prevent access to the same by animals, which screening shall be at least six feet in height and designed so as to harmonize with the other architectural elements on the site. Garbage containers shall be a minimum of 25 feet from all property lines.

(5) Interior roads, driveways, private thoroughfares, parking areas, building entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same and shall, where necessary, be shielded to avoid glare to occupants of buildings and areas. Lighting shall be so arranged as to reflect away from any adjoining properties. Wherever practical, bollard-style lighting shall be used.

(6) Recreational equipment shall be permitted only in such locations as shown on the approved site plan, but at no time shall such equipment be permitted in front or side yards.

(7) The architecture employed shall not be aesthetically incongruous with the surrounding area. The outside walls of all buildings shall be of brick or stone, as approved by the Planning Board and in accordance with the Building Code[2] of the Borough of Rutherford and the New Jersey Department of Community Affairs. The exterior of accessory structures shall harmonize architecturally with and be constructed of materials of a like character to those used in principal structures.

[2] Editor's Note: See Ch. 18, Building Code.

(8) The interior walls separating dwelling units shall be constructed with fire-resistant material meeting accepted standards of the Building Code of the Borough of Rutherford. Each group of four or fewer dwelling units in a building shall be completely separated from all other dwelling units in the same building by a masonry wall extending from foundation to roof, in accordance with the Building Code.

(9) All apartment dwellings, stairways, furnace rooms, laundry rooms and garages in apartment dwellings shall have installed fire, smoke and heat detection devices as required and approved by the Building Code Official of the Borough of Rutherford.

(10) The exterior of every structure or accessory structure, including fences, roofs and gutters, shall be maintained in good repair, and all surfaces thereof shall be kept painted when necessary for the purpose of preservation and appearance. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling of paint or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated and the adjoining properties and neighborhood protected from blighting influence.

(11) Interior walls, ceilings, stairways and entrances shall be free from cracks, breaks, loose plaster and other hazards to health and safety.

(12) Where there are holes, excavations, breaks, projections, obstructions, icy conditions, uncleared snow and excretions of pets and other animals on paths, walks, driveways and other parts of premises which are accessible to and are used by persons on the premises, all such holes and excavations shall be filled and repaired, walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery.

§ 131-13 Lighting.

All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, industrial, apartment or other similar uses having common off-street parking and/or loading areas and building complexes requiring area lighting shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare, color-corrected lights focused downward. The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere in the areas to be illuminated, shall average a minimum of 0.5 footcandle over the entire area and shall be provided by fixtures with a mounting height not more than 25 feet or the height of the building, whichever is less, measured from the ground level to the center line of the light source spaced a distance not to exceed five times the mounting height. Wherever practical, bollard-style lighting shall be used. Any other outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. No direct lighting shall be permitted. Additionally, no light shall shine into windows or onto streets and driveways in such manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval by the Planning Board or Board of Adjustment.