A.
General interpretation. All words used in this chapter
in the present tense include the future tense. All words in the plural
number include the singular number, and all words in the singular
number include the plural number, unless the natural construction
of the wording indicates otherwise. The word "person" includes a corporation
as well as a person. The word "building" includes the word "structure."
The term "occupied" or "used" as applied to any building shall be
construed as though followed by the words "or intended, arranged,
constructed, altered, converted, rented, leased or designed to be
occupied or used." The word "lot" includes the word "plot." The term
"erected" shall be deemed also to include "constructed, reconstructed
or altered or moved." The word "may" is permissive; the word "shall"
is mandatory and not discretionary. The word "borough" means the "Borough
of Rutherford" in the County of Bergen, State of New Jersey. The terms
"Council," "Board of Adjustment" and "Planning Board" mean the respective
official bodies of said borough.
B.
Specific interpretation. All words and terms herein
defined shall be specifically construed regarding their meanings and
intent. Conformance with certain requirements as defined herein achieves
compliance with the intent of this chapter to foster orderly development
and secure the health, safety and welfare of the community.
C.
ACCESSORY BUILDING OR USE
ACTUAL CONSTRUCTION
ADULT BOOKSTORE
ALTERATIONS
AMUSEMENT CENTER
AMUSEMENT MACHINE
APARTMENT BUILDING
APARTMENT UNITS
ARCHITECTURALLY SIGNIFICANT ELEMENTS
AVERAGE SETBACK
AWNING
BASEMENT
BUFFER
BUILDING
BUILDING AREA
BUILDING COVERAGE
BUILDING HEIGHT
BUILDING LINE
BUILDING LINE, FRONT
BUILDING, PRINCIPAL
BULK
CAMPUS
CELLAR
CEMETERY
CERTIFICATE OF OCCUPANCY
CHURCH or TEMPLE
CLUB
COMMERCIAL VEHICLE
COMMON PROPERTY
CONDITIONAL USE
CONDOMINIUM
COURT
CURB LEVEL
DENSITY
DEVELOPER
DEVELOPMENT
DEVELOPMENT REGULATION
DISTRICT
DRAINAGE
DRAINAGE RIGHT-OF-WAY
DRIVE-IN ESTABLISHMENT
DRIVEWAY
DWELLING
DWELLING, DETACHED
DWELLING, GARDEN APARTMENT GROUP
DWELLING, MULTIFAMILY
DWELLING, SEMIDETACHED
DWELLING, SINGLE-FAMILY
DWELLING, TOWNHOUSE UNIT
DWELLING, TWO-FAMILY
DWELLING UNIT
EXISTING GRADE
EXTERIOR INSULATION AND FINISH SYSTEM (EIFS)
FAMILY
FENCE
A.
B.
FINISHED GRADE
FLOOD HAZARD AREA
FLOOR AREA
FLOOR AREA, GROSS
FRONT FACADE
GARAGE, COMMERCIAL
GARAGE, PRIVATE
GREENHOUSE
HISTORIC SITE
HISTORIC STRUCTURE
A.
B.
C.
D.
HOTEL
HOUSEKEEPING UNIT
IMPERMISSIBLE UNIT
IMPERVIOUS SURFACE
JUNKYARD
LANDING
LIGHT INDUSTRY
LOADING SPACE
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT FRONTAGE
LOT, INTERIOR
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT, NONCONFORMING
LOT OF RECORD
LOT WIDTH
MAJOR ALTERATIONS
MASTER PLAN
MOTOR VEHICLE REPAIR FACILITY
MULTIFAMILY HOUSING DEVELOPMENT
MUNICIPAL AGENCY
NEW CAR AND TRUCK DEALERSHIPS
NONCONFORMING BUILDING OR USE
NONCONFORMING LOT
OFFICIAL MAP
OFF SITE
OFF TRACT
OPEN SPACE
OWNER
PARKING SPACE
PERFORMANCE GUARANTY
PERFORMANCE STANDARD
PERMITTED USE
PLACE OF ASSEMBLY, PUBLIC
PLANNED COMMERCIAL DEVELOPMENT
PLANNING BOARD
PLAT
PLAT, FINAL
PLAT, PRELIMINARY
PLAT, SKETCH
PRINCIPAL USE
PUBLIC AREA
PUBLIC DRAINAGEWAY
PUBLIC FACILITIES
PUBLIC OPEN SPACE
RECREATIONAL VEHICLE
A.
B.
C.
D.
RECYCLING AREA
RESIDENTIAL DENSITY
RESIDENTIAL RENTAL UNIT
RESTAURANT
RESTAURANT, DRIVE-IN
RESTAURANT, FAST-FOOD
SATELLITE ANTENNA OR DISH
SCHOOLS
SENIOR HOUSING
SERVICE STATION
SETBACK LINE
SEXUALLY ORIENTED BUSINESS
SIGN
SIGN, ADVERTISING
SIGN AREA
SIGN, BUSINESS
SIGN, FREESTANDING
SIGN, PROJECTING
SIGN, WALL
SITE PLAN
SITE PLAN REVIEW
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
STORAGE SHED, PRIVATE
STOREFRONT
STORY
STORY, HALF
STORY HEIGHT
STREET
STREET LINE
STRUCTURE
STRUCTURE HEIGHT
SUBDIVISION
SUBDIVISION COMMITTEE
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SWIMMING POOL, PORTABLE
SWIMMING POOL, PRIVATE RESIDENTIAL
TOP PLATE
TOWNHOUSE DWELLING GROUP
TOWNHOUSE STRUCTURE
TRACT
TRELLIS
UNIVERSITY
USE
VARIANCE
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING PERMIT
Definitions and
descriptions. For the purpose of this chapter, certain words and terms
herein are defined as follows:
A building or use which is customarily associated with and
is subordinate and incidental to the principal building or use, and
which is located on the same lot therewith. An accessory building
attached to the principal building shall comply in all respects with
the requirements applicable to the principal building.
The placing of construction materials in their permanent
position, fastened in a permanent manner, except that where a basement
or cellar is being excavated, such excavation shall be deemed to be
"actual construction." Where demolition or removal of an existing
structure has been substantially begun preparatory to rebuilding,
such demolition and removal shall be deemed to be "actual construction,"
provided that work shall be diligently carried on until the completion
of the building involved.
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, photographs, pictures, films,
devices or other periodicals which are distinguished or characterized
by their describing or relating to specified sexual activities or
specified anatomical areas (as defined below), or an establishment
with a segment or section devoted to the sale or display of such material.
As applied to a building, a structure or use, any change
in supporting or nonsupporting members of a building or structure,
any addition to or diminution of a building or structure, or change
in use from that of one district classification to another, or any
removal of a building or structure, or part thereof, from one location
to another.
Any place or premises where four or more amusement machines
are maintained for use and operation by the public.
Any machine, apparatus, contrivance, appliance or other device
which, upon the insertion of a coin, slug, token, plate or disc, may
be operated by the public generally for the use as a game, entertainment
or amusement, whether or not registering a score. It shall include,
but not be limited to, such devices as marble machines, pinball machines,
skill ball, mechanical grab machines, baseball or tennis, hockey,
road racing or bowling machines, coin-operated electronically controlled
games that are carried out on an electronic screen and all games,
operations or transactions similar thereto, under whatever name they
may be indicated.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other in apartment
units.
A portion of a building designed or used exclusively as the
residence or sleeping place of one or more persons, constituting one
family, and shall include cooking and plumbing facilities.
Those visual aspects and physical features, including the
overall shape of the building, its materials, craftsmanship, decorative
details and relationship to its site and environment, that, considered
together, establish a clear and cohesive architectural style and contribute
to its historic or contemporary character.
[Added 9-12-2016 by Ord.
No. 3403-16]
In such cases in residential zones where the existing dwellings
on the same side of the street within 200 feet of either side line
of the subject property form an existing setback line, the required
front yard setback for a new dwelling or an addition to an existing
dwelling shall be modified to the average setback of existing development
within 200 feet on either side of the lot along the street line on
the same side of the street or the required setbacks, whichever is
greater, but in no case need the setback exceed 35 feet.
[Amended 2-16-1999 by Ord. No. 2884-99]
A temporary roof-like structure consisting of a framing covered
with canvas or similar material mounted partly, solely and/or projecting
from the wall of a building for the purpose of shielding a doorway
or window from the elements and/or providing a decorative trim and
may be periodically retracted into the face of the building; also
known as a "canopy."
That portion of a building, partly below grade, which has
more than 1/2 of its height above the average finished grade of the
ground adjoining the building, measured from finished floor to finished
bottom of the floor joist above. A basement shall be considered in
determining the permissible number of stories, if the space is habitable
or has a ceiling height of seven feet or more.
[Amended 12-19-2006 by Ord. No. 3127-06; 6-28-2011 by Ord. No. 3230-11]
Any structure or portion thereof, either temporary or permanent,
having a roof supported by columns, posts, piers or walls and designed
or intended for the shelter, business, housing or enclosure of persons,
animals or property of any kind.
The total area within the outside dimensions or on horizontal
plane at average grade level of the principal building, including
decks and covered porches, but excluding uncovered platforms, terraces
or steps. Any area of the building that does not have surrounding
walls shall be included in the building area calculation if such areas
are included within the horizontal projection of the floor above.
[Amended 12-19-2006 by Ord. No. 3127-06]
The ratio of the lot area which lies within the outside lines
of exterior walls of all buildings on the lot to the total area of
the lot, expressed as a percentage.
The vertical distance measured from the average elevation
of the proposed finished grade at each outside corner of the building
to the highest point of the roof for flat roofs, to the deckline of
mansard roofs, and to the mean height between eaves and ridge for
gable, hip and gambrel roofs. However, when the Zoning Officer or
other Borough-appointed reviewing professional determines that the
original grading within six feet of each outside corner of the proposed
building or structure has been elevated by more than one foot, thereby
reducing the building height and/or artificially increasing the maximum
permitted building height elevation, then the difference in the elevation
between the original grade and the finished grade that is in excess
of one foot shall be subtracted in calculating the building height.
[Amended 12-19-2006 by Ord. No. 3127-06]
A line formed by the intersection of an exterior wall of
a building with the ground.
[Amended 7-22-2003 by Ord. No. 3024-03]
A line parallel to the front yard line touching that part
of a principal building closest to the front yard line, excluding
the dimensions of unroofed steps or an unroofed terrace.
[Added 7-22-2003 by Ord. No. 3024-03]
A building within which is conducted the main or principal
use of the lot on which said building is situated.
The size and shape of buildings and nonbuilding uses; the
physical relationship of their exterior walls or their location to
lot lines and other buildings or other walls of the same building;
and all open spaces required in connection with a building. Bulk regulations
include regulations dealing with building coverage lot area, lot area
per dwelling unit, lot frontage, lot width, building height, required
yards, courts, usable open space, spacing between buildings on a single
lot and length of buildings in a row.
The land owned or occupied by an educational institution
for its academic and accessory purposes, consisting of a lot or lots
occupied by the main academic buildings and adjacent lots.
A story of a building partly below grade, which has more
than 1/2 of its height, measured from finished floor to finished ceiling,
below the average finished grade of the ground adjoining the building.
A cellar shall not be considered in determining the permissible number
of stories.
[Amended 12-19-2006 by Ord. No. 3127-06; 6-28-2011 by Ord. No. 3230-11]
A plot of ground set aside for the burial of dead animals
and/or persons.
A certificate issued upon completion of construction, alteration
or change in occupancy of a building. The certificate shall acknowledge
compliance with the requirements of this chapter and/or all other
applicable requirements.
A building or part thereof occupied or used by an organized
religion recognized by the State of New Jersey wherein persons regularly
assemble for worship. Such building shall be used only for such purpose
and for those accessory activities as are customarily associated therewith.
Premises or building reserved for the exclusive use of members
of an organization and their guests for civic, charitable, social
or recreational purposes not conducted for gain, provided that they
are not conducting any merchandising or commercial activities except
as required by the membership for the purposes of such club. "Club"
shall be deemed to include club, society, fraternity, sorority, association,
lodge, combine, federation, nonprofit organization and recognized
charitable organizations. The conducting of sexually oriented business
on the club premises shall be prohibited.
[Amended 3-16-1999 by Ord. No. 2887-99]
Any vehicle used or maintained primarily for the transportation
of property, including trucks, trailers, construction equipment and
any vehicle bearing a commercial registration plate or having advertising
affixed to its exterior surfaces but not including camping trailers,
boat trailers, recreation trailers, utility trailers, camping vehicles,
house trailers or recreation vehicles.
[Amended 8-10-1999 by Ord. No. 2907-99; 4-13-2015 by Ord. No. 3358-15]
A parcel or parcels of land or an area of water, or a combination
of land and water, together with the improvements thereon, designed
or intended for the ownership, use and enjoyment shared by the residents
and owners of the development. Common property may contain such complementary
structures and improvements as are necessary and appropriate for the
benefit of the residents and owners of the development.
A use permitted in a particular zoning district only upon
a 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
therefor by the Planning Board.
An apartment or townhouse building(s) where each dwelling
unit is individually owned by respective housekeeping units, while
common property is collectively owned and maintained by all residents
of the buildings.
A required uncovered, unoccupied space other than a yard
wholly or partly surrounded by buildings or walls.
The mean level of the existing curb or of the lot at the
midpoint of the lot, measured at the street line.
The number of dwelling units per acre which is permitted
for various types of residential uses.
The legal or beneficial owner(s) of a lot or any land proposed
to be 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.
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 or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land, for which permission may be required pursuant to this chapter.
A Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance,
Official Map Ordinance or other municipal regulation of the use and
development of land, or amendment thereto, adopted and filed pursuant
to this chapter.
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff to
minimize erosion and sedimentation during and after construction or
development and means necessary for water supply preservation or prevention
or alleviation of flooding.
The land required for the installation of stormwater sewers
or drainage ditches or those lands required along a natural stream
or watercourse for preserving the channel and providing for the flow
of water therein to safeguard the public against flood damage.
A parcel of land or a building used for retailing purposes
and in which the business is primarily conducted by a customer or
client from within his automobile.
An open area of paved land used as a means to provide vehicular
ingress and egress to a property or lot.
A building or part of a building designed exclusively for
residential occupancy, including single-family, two-family and multiple-family
dwellings, but not including hotels, motels, rooming or boarding houses,
trailers or other accommodations for the use of transient or overnight
occupancy.
A building physically detached from other buildings or portions
of buildings, which is occupied or intended to be occupied for residence
purposes by one housekeeping unit and which has its own sleeping,
sanitary and general living facilities.
A group of two or more multifamily dwellings, each of which
contains at least eight dwelling units occupying a plot in one ownership.
A building or portion thereof containing three or more dwelling
units on a single plot.
A building which contains two dwelling units, where the dwelling
units are separated by a common wall and have separate access, and
which is the only principal building on the lot.
A detached dwelling containing one dwelling unit only.
A multistory dwelling unit attached to another multistory
dwelling unit and separated from each dwelling unit by a common wall
complying with the building code for such common wall.
A building containing two dwelling units only.
A room or series of rooms containing living, cooking, sleeping
and sanitary facilities for one housekeeping unit. A dwelling unit
shall be self-contained and shall not require the use of outside stairs
or common hallways passing through another dwelling unit or other
indirect route(s) for access to any portion of the dwelling unit,
nor shall there be shared facilities with another housekeeping unit.
The vertical location of the existing ground surface prior
to cutting or filling.
A non-load-bearing exterior wall cladding system that consists
of an insulation board attached either adhesively or mechanically,
or both, to the substrate; an integrally reinforced base coat; and
a textured protective finish coat.
[Added 9-12-2016 by Ord.
No. 3403-16]
One or more persons, including domestic employees, occupying
a dwelling unit and living as a single, nonprofit housekeeping unit.
A barrier of permanent construction, such as wood, metal
posts, rails, wire mesh or similar material, used as a means of protection
or confinement, consisting of either of two types:
[Amended 3-14-2016 by Ord. No. 3391-16]
OPEN FENCEA fence that is at least 50% open construction, having open spaces at least the same size between each two pickets, slats or other construction element, including chain link fences.
SOLID FENCEA fence which is constructed of material which has no open spaces, such as a stockade or basket fence or chain link fences with slats woven through.
The completed surface of lawns, walls and roads brought to
grades as shown on official plans or designs relating thereto.
The area composed of the channel, floodway and flood hazard area as defined by the United States Department of Housing and Urban Development Flood Insurance Study and shown on the Flood Insurance Rate Maps and Flood Boundary - Floodway Maps, as amended and supplemented, adopted by the borough and set forth in Chapter 37, Flood Damage Prevention, of this Code.
The sum of the area of all floors of a building measured
from the inside surfaces of the walls enclosing the part of a building
occupied by a single occupant or shared by a distinct group of occupants,
excluding common halls, off-street parking and loading space, stairwells,
elevator shafts, sanitary facilities and storage and other areas to
which patrons or other users do not have regular access.
The sum of the area of all floors of a building measured
from the exterior faces of the exterior walls or from the center line
of walls separating two buildings, including basements or any other
floor area below grade when used for residential, office, business,
storage, industrial or other purposes, but not including basements
or other floor area below grade when used for the housing of heating
or other mechanical equipment.
The exterior walls of a building exposed to public view and
facing a public street.
A building or part thereof, other than a private garage,
used for the storage, care or repair of public motor vehicles customarily
used for private transportation, local school buses and commercial
vehicles.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein nor space therein for more than one car is leased to
a nonresident of the premises.
A building made mainly of glass, in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants. As defined here, greenhouses are intended as accessory uses
to residences. They shall not exceed 500 square feet in floor area.
No business or selling to the public shall be conducted from such
greenhouse.
Any building, structure, area or property that is significant
in the history, architecture, archeology or culture of the municipality
and has been so designated.
Any structure that is:
[Added 9-12-2016 by Ord.
No. 3403-16]
Listed individually on the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district preliminarily determined by the Secretary to qualify
as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program as determined by the
Secretary of the Interior or directly by the Secretary of the Interior
in states without approved programs.
A building containing rooms which are rented or hired out
to be occupied for sleeping purposes by guests and where only a general
kitchen and dining room are provided within the building or in an
accessory building. Such facility shall provide for a main entrance
lobby allowing access to all sleeping rooms existing within the building.
A hotel of 100 sleeping rooms or more located in the B-2 or ORD Zone
may be permitted to hold a Class C plenary retail consumption license.
This definition shall not include motor hotels, motels, motor courts,
tourist homes and other similar transient traveler establishments.
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a nonprofit basis.
A residential rental unit which is a residential rental unit
for which no certificate of occupancy has been issued, or a residential
rental unit which is in excess of the number of such units for a particular
building or zone according to this chapter, or a residential rental
unit which was created without the required plumbing, electrical or
building permits.
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water
(i.e., surface parking, driveways, access aisles, walkways, patios),
but not including principal and accessory building.
A lot, land or a structure, or part thereof, used primarily
for the collection, storage and sale of wastepaper, rags, scrap metal,
used building materials, house furnishings, machinery or other discarded
materials or for the collection, dismantling, storage and salvage
of machinery or vehicles not in running condition and for the sale
of parts thereof.
Landings for exterior stairways shall be no larger than the
stairway or door that is served by the landing, with one permitted
additional foot on each side of the door assembly. Every landing
shall have a maximum dimension of 36 inches measured in the direction
of travel.
[Added 12-19-2006 by Ord. No. 3127-06]
Any production, processing, manufacture, fabrication, cleaning,
servicing, testing, repair or storage of goods, materials, vehicles
or products, and business offices accessory thereto, but not including
the storage of flammable, explosive or environmentally hazardous materials
as a principal use.
An off-street space or berth on the same lot with a building
or group of buildings for the temporary parking of a commercial vehicle
while loading or unloading.
Any parcel of land separated from other parcels or portions
as by a lawful subdivision or deed of record, survey map or by metes
and bounds, except that, for purposes of this chapter, contiguous
undersized lots under one ownership shall be considered as one lot,
and except further that no portion of a street shall be included in
calculating the lot boundaries or areas.
The areas contained within the lot lines of a lot but shall
not include any portion of the street right-of-way.
A lot on the junction of and abutting two or more intersecting
streets where the interior angle of intersection does not exceed 135º.
[Amended 3-14-2016 by Ord. No. 3391-16]
The average horizontal distance between the front and rear
lot lines, measured from the midpoint of the front lot line, at right
angles or radially to the street line, to the rear lot line.
The horizontal distance between side lot lines measured along
the street line. The minimum lot frontage shall be the same as the
lot width, except that, on curved alignments with an outside radius
of less than 500 feet, the minimum distance between the side lot lines
measured along the street line shall not be less than 75% of the required
minimum lot width. In the case of a corner lot, either street frontage
which meets the minimum frontage required for that zone may be considered
the lot frontage.
[Amended 3-14-2016 by Ord. No. 3391-16]
A lot other than a corner lot.
[Amended 3-14-2016 by Ord. No. 3391-16]
Any line forming a portion of the exterior boundary of a
lot and the same line as the street line for that portion of a lot
abutting a street.
[Amended 3-14-2016 by Ord. No. 3391-16]
A line dividing a lot from a street.
[Amended 3-14-2016 by Ord. No. 3391-16]
Any lot line other than a front lot line which is most distant
from and most nearly parallel to the front lot line.
[Amended 3-14-2016 by Ord. No. 3391-16]
Any lot line that is not a front or rear lot line.
[Amended 3-14-2016 by Ord. No. 3391-16]
A lot which is part of a subdivision recorded in the office
of the Clerk of Bergen County, or a lot or parcel described by metes
and bounds, the description of which has been so recorded.
The straight and horizontal distance measured perpendicular
to and between the lot lines. The minimum lot width shall be maintained
a minimum distance of 50 feet from the front lot line.
As applied to a building, a structure or use, any change
in supporting or nonsupporting members of a building or structure,
involving 50% or more of the recorded true valuation or a change in
use from that of one district classification to another, or any removal
of a building or structure, or part thereof, from one location to
another.
[Added 12-1-1998 by Ord. No. 2874-98]
A composite of one or more written or graphic proposals for
the development of the municipality as adopted pursuant to law, namely
the Borough of Rutherford Master Plan.
Lands and buildings on which the primary use is the maintenance
and minor repair or servicing of motor vehicles, provided that the
cleaning, dry cleaning, polishing, or washing of motor vehicles shall
be prohibited except as it may be accessory to such primary use, and
provided, further, that such facilities may not provide for body repairs,
painting, welding, new or used car sales, leasing of trucks and trailers,
nor the storage of inoperable or wrecked vehicles, except as may be
incidental to the servicing of the vehicle.
[Amended 10-22-2013 by Ord. No. 3309-13]
A building containing three or more dwelling units occupied
or intended to be occupied by persons living independently of each
other, or a group of such buildings.
The Municipal Planning Board or Board of Adjustment or governing
body of the borough when acting pursuant to this chapter.
An establishment whose primary use is the sale and servicing
of new automobiles and trucks. Such use may include the sale and servicing
of used automobiles and trailers only as a secondary function to the
primary use.
A building or use which, in its location or size, does not
comply with the regulations prescribed in this chapter for the district
in which it is located, but was in existence at the time such regulations
became effective and was lawful at the time it was established.
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
[Added 12-13-2021 by Ord. No. 3588-21]
A map adopted pursuant to Article 5 of the Municipal Land
Use Law, Chapter 291 of the Laws of New Jersey 1975,[1] or any prior act authorizing such adoption. Such a map
shall be deemed to be conclusive with respect to the location and
width of streets and public drainageways and the location and extent
of flood control basins and public areas.
Located outside the lot lines of the lot in question but
within the property of which the lot is a part, which is the subject
of a development application or on a contiguous portion of a street
or right-of-way.
Located outside the limits of the property which is the subject
of a development application or on a contiguous portion of a street
or right-of-way.
Any parcel or 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.
An individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to develop
the same under this chapter.
An area of not less than nine feet wide by 19 feet in length,
either within a structure or in the open, for the parking of motor
vehicles, exclusive of driveways, access drives, fire lanes and public
rights-of-way, except that nothing shall prohibit private driveways
for detached dwelling units from being considered off-street parking
areas, provided that no portion of such driveway within the right-of-way
line of the street intersected by such driveway shall be considered
off-street parking space. The area is intended to be sufficient to
accommodate the exterior extremities of the vehicle, whether, in addition
thereto, wheel blocks are installed within this area to prevent the
bumper from overhanging one end of the parking space. The width and
length of each space shall be measured perpendicular to each other,
regardless of the angle of the parking space to the access isle or
driveway. Each space shall have direct access to a street, driveway
or aisle.
Any security which may be accepted, including cash, provided
that the borough shall not require more than 10% of the total performance
guaranty in cash.
A criterion established to control noise, odor, smoke, toxic
or noxious matter, vibration, fire and explosion hazards, and glare
or heat generated by or inherent in uses of land or buildings.
Any use of land or buildings as allowed by this chapter.
Auditorium, church, clubhouse, meeting hall, restaurant with
assembly facilities, temple or other structure or portion of a structure
used at regular or periodic intervals as a gathering place for purposes
of amusement, athletic programs, conferences, cultural programs, deliberation,
education, entertainment, recreation, social programs or worship.
A parcel having a minimum area of 70,000 square feet to be
developed according to a plan as a single entity containing one or
more structures with appurtenant common property to accommodate commercial
or office uses, or both, and any residential or other uses incidental
to the predominate uses which may be permitted herein and as further
delineated in N.J.S.A. 40:55D-23 et seq.
The Municipal Planning Board of the Borough of Rutherford
established pursuant to Article 2 of the Municipal Land Use Law, Chapter
291 of the Laws of New Jersey 1975.
[2]A map or maps of a subdivision or site plan.
The final map of all or a portion of a subdivision or site
plan which is presented to the Planning Board for final approval in
accordance with these regulations and which, if approved, shall be
filed with the proper county recording officer.
The preliminary map indicating the proposed layout of a subdivision
or site plan which is submitted to the Planning Board for consideration
and preliminary approval.
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of discussion and classification.
The main purpose for which a lot or building is used.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water to
safeguard the public against flood damage, sedimentation and erosion.
The use of land or buildings by the governing body of the
borough or any officially created authority or agency thereof.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency, or other
public body for recreational or conservational use.
A portable structure or wheel-based structure built on a
chassis, which is either self-propelled or designed to be transported
by traction, which is intended by its manufacturer to be used as a
temporary dwelling for travel, camping or vacation purposes. "Recreational
vehicle" shall include camping trailers, motorized homes, travel trailers
and boat and snowmobile trailers, which are defined as follows:
CAMPING TRAILERA type of trailer that is designed and constructed with collapsed walls. The walls are collapsed while the recreational vehicle is being towed and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
TRAVEL TRAILERA wheel-based vehicle built in a chassis designed to be hauled by traction.
BOAT AND SNOWMOBILE TRAILERA wheel-based vehicle on a chassis designed to be hauled by traction, which is specifically designed for transporting boats or snowmobiles.
A space allocated for collection and storage of source-separated
recyclable materials.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
A building or portion thereof rented or offered for rent
for dwelling purposes to one or more tenants or family units.
Any establishment, however designated, at which food is sold
for consumption on the premises, within the building in which the
food is prepared. However, a snack bar or refreshment stand at a public
or community swimming pool, playground, golf course, playfield or
park, operated solely by the agency or group operating the recreational
facility and for the convenience of patrons of the facility, shall
not be deemed to be a "restaurant." A restaurant of 125 seats or more,
excluding outdoor seats, located in the B-2, ORD or HMDC Zone, shall
be permitted to hold a Class C plenary retail consumption license.
Any fast-food restaurant which also provides drive-in facilities
which allow customers to be served directly from the building without
leaving their automobiles.
An establishment whose primary business is the sale of food
for consumption on or off the premises which is primarily intended
for immediate consumption rather than for use as an ingredient or
component of meals; available upon a short waiting time; and packaged
or presented in such a manner that it can be readily eaten outside
the premises where it is sold.
Any apparatus which is designed for the purpose of receiving
telephone, radio, microwave, satellite or similar signals, but not
including the conventional television antennas.
Any nonprofit educational facility, including private schools,
nursery schools, day-care facilities, elementary schools and high
schools.
An apartment building, arranged, designed and utilized for
housing elderly and handicapped persons and families, as those terms
are defined by the United States Department of Housing and Urban Development,
containing both apartment units and other accessory areas designed
and intended for the benefit of the residents thereof.
Lands and buildings providing for the retail sale and direct
delivery to motor vehicles of fuel, lubricants and automotive accessories,
which may include facilities for the maintenance and minor repair,
cleaning, dry cleaning, polishing, washing or otherwise cleaning or
servicing of motor vehicles. Such facilities may not provide for body
repairs, painting, welding, new or used car sales, leasing of trucks
and trailers or the storage of inoperable or wrecked vehicles (except
as may be incidental to the general servicing of the vehicle).
A line that establishes a minimum horizontal distance parallel
with a street line or lot line and drawn through the point of a building
nearest to the street line or lot line. The term "required setback"
means a line that establishes a minimum horizontal distance from the
street line or the lot line and beyond which a building or part of
a building is not permitted to extend. A front yard porch shall be
included in the front yard setback calculations if said porch width
is 25% or greater of the front facade width of the principal building.
A commercial establishment which, as one of its principal
business purposes, offers for sale, rental or display any of the following:
books, magazines, periodicals or other printed material, or photographs,
films, motion pictures, video cassettes, slides or other visual representations
which depict or describe a specified sexual activity or specified
anatomical area; or still or motion picture machines, projectors or
other image-producing devices which show images to one person per
machine at any one time, and where the images so displayed are characterized
by the depiction of a specified sexual activity or specified anatomical
area; or instruments, devices or paraphernalia which are designed
for use in connection with a specified sexual activity; or a commercial
establishment which regularly features live performances characterized
by the exposure of a specified anatomical area or by a specified sexual
activity, or which regularly shows films, motion pictures, video cassettes,
slides or other photographic representations which depict or describe
a specified sexual activity or specified anatomical area.
[Added 3-16-1999 by Ord. No. 2887-99]
Any building, structure or device or portion thereof on which
any announcement, declaration, display, illustration or insignia is
used to advertise or promote the interest of any person, place, subject,
firm, corporation, article or product whatsoever, including flags
and pennants, when the same is placed in view of the general public.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the premises where the sign is located.
The entire face of a sign, including the advertising surface
and any framing, trim or molding, excluding supporting structures
that are not considered part of the sign proper or of the display.
The area of a sign composed of characters or words attached directly
to a large, uniform, building wall surface shall be the smallest rectangle
that encloses the whole group.
[Amended 7-22-2003 by Ord. No. 3024-03]
A sign which directs attention to a permitted business, commercial
enterprise, industry, office or profession conducted upon the premises,
which sign shall be an integral part of such establishment. A "for
sale" sign or a "for rent" sign relating to the property on which
it is displayed shall be deemed a "business sign."
A sign which is erected and independently supported without
attachment to any building or other structure.
A sign erected other than parallel to the wall of a building.
[Amended 7-22-2003 by Ord. No. 3024-03]
A sign erected against the wall of any building with the
exposed face of the sign in a parallel plane with the face of the
wall at a distance of 12 inches or less from the wall, measured perpendicularly.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices and buffers; and any other information that may
be reasonably required in order to make an informed determination
pursuant to the Municipal Land Use Law[3] and this chapter, requiring review and approval of site
plans by the Planning Board or Board of Adjustment.
The examination of the specific development plans for a lot.
Wherever the term "site plan approval" is used in this chapter, it
shall be understood to mean a requirement that the site plan be reviewed
and approved by the Planning Board or the Board of Adjustment.
Less than completely and opaquely covered human genitals,
pubic region, buttocks, female breasts below a point immediately above
the areola or human male genitals in a discernably turgid state, even
if completely and opaquely covered.
Human genitals in a state of sexual stimulation or arousal,
acts of human masturbation, sexual intercourse or sodomy or fondling
or other erotic touching of human genitals, pubic region, buttocks
or female breasts.
An accessory building or structure only for the storage of
tools, implements, appliances and other items incidental to the care
and upkeep of the dwelling unit or structure on the lot. Such sheds
shall be firmly anchored to the ground to keep the building stationary
and intact and shall be limited in size by the accessory building
requirements of the individual zone districts established herein.
The front side of a store or store building facing a street.
[Added 9-12-2016 by Ord.
No. 3403-16]
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or, if there
is no floor above it, then the space between the floor and the ceiling
or joist next above it.
[Amended 12-19-2006 by Ord. No. 3127-06]
A half story is the area under a pitched roof at the top
of a building, the floor of which is not more than four feet below
the plate, and where the floor area with a ceiling height of seven
feet or greater does not exceed 60% of the gross floor area of the
story below. An exterior architectural feature such as a dormer, turret,
cupola or bay window may not be considered a story or half story,
provided that such individual architectural features is no greater
than 10 feet in width and provided that these features in the aggregate
do not exceed 15% of the total roof area.
[Added 12-19-2006 by Ord. No. 3127-06]
The vertical distance from the top surface of the floor to
the top surface of the floor next above. The height of the topmost
story is the distance from the top surface of the floor to the top
surface of the ceiling joists.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway, which is shown upon a plat heretofore approved pursuant to
law, which is on a plat duly filed and recorded in the office of the
County Recording Officer or which is approved by official action as
provided by this chapter, and includes the land between the street
lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, sidewalks, parking areas and other areas within
the street lines.
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map, forming the dividing line between the street
and a lot.
Anything constructed, assembled or erected which requires
location on the ground or attachment to something having such location
on the ground, including but not limited to antennas, buildings, fences,
tanks, towers, signs, advertising devices, swimming pools, tennis
courts and solar energy collectors.
[Amended 3-14-2016 by Ord. No. 3391-16]
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the structure to the
highest point of the structure. An accessory structure shall comply
in all respects with the height regulations of accessory buildings
except as otherwise regulated herein.
[Amended 3-14-2016 by Ord. No. 3391-16]
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions, provided
that no new streets are created: divisions of land for agricultural
purposes where the resulting parcels are five acres or larger in size;
divisions of property by testamentary or intestate provisions; divisions
of property upon court order; or conveyances so as to combine existing
lots by deed or other instrument. "Subdivision" also includes resubdivision
and, where appropriate to the context, relates to the process of subdividing
or to the lands or territory divided.
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing subdivisions
and site plans in accordance with the provisions of this chapter and
performing such other duties relating to land subdivision which may
be conferred on this Committee by the Board.
Any subdivision not classified as a minor subdivision.
A subdivision of land that does not involve the creation
of more than three lots fronting on an existing street, a planned
development, any new street or the extension of any off-tract improvement.
Portable pools shall not be subject to the requirements of Article V, § 131-20, and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed 18 inches in depth; do not exceed a water surface area of 100 square feet; and do not require braces or supports.
Includes artificially constructed pools, whether located
above or below the ground, having a depth of more than 18 inches and/or
a water surface of 100 square feet or more; designed and maintained
for swimming and bathing purposes by an individual for use by members
of his household and guests and which is located on a lot as an accessory
use and shall include all buildings, structures, equipment and appurtenances
thereto.
A horizontal structural member that provides bearing and
anchorage for the trusses, roof, or rafters.
[Added 12-19-2006 by Ord. No. 3127-06]
A group of two or more separate townhouse structures.
A building containing at least three and no more than six
townhouse units.
An area of land composed of one or more lots adjacent to
one another, having sufficient dimensions and area to make one parcel
of land meeting the requirements of this chapter for the use(s) intended.
The original land area may be divided by one existing public street
and still be considered one tract, provided that the street is not
an arterial road and that a linear distance equal to more than 75%
of the frontage of the side of the street having the larger street
frontage lies opposite an equivalent linear distance of street frontage
on the other side of the street.
A flat, light frame consisting of wooden or metal latticelike
strips crossing one another in various patterns, used as a screen
or a support for vines or plants.
[Added 5-18-1999 by Ord. No. 2892-99]
An educational institution of a high level, authorized to
confer various degrees, such as associate's, bachelor's, master's
and doctor's, in a variety of disciplines. Such institutions shall
include universities, colleges and community colleges.
The specific purpose for which either land or a building
is designed, arranged or intended or for which it is or may be occupied
or maintained.
Permission to depart from the literal requirements of this
chapter.
An open space extending across the full width of the lot
and lying between the street line and the closest point of any building
on the lot. 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. The minimum required front
yard shall be the same as the required setback.
[Amended 3-14-2016 by Ord. No. 3391-16]
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. The depth of the rear yard shall be measured
horizontally and at right angles to either a straight rear lot line
or the point of tangent of curved rear lot lines. The minimum required
rear yard shall be the same as the required rear setback.
[Amended 3-14-2016 by Ord. No. 3391-16]
An open space extending from the front yard to the rear yard
and lying between each side lot line and the closest point of the
principal building on the lot. The width of the required side yard
shall be measured horizontally and at right angles to either a straight
side line or the point of tangent of curved side lot lines.
[Amended 3-14-2016 by Ord. No. 3391-16]
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 duly authorized as provided
herein.