[Amended 8-10-1999 by Ord. No. 2907-99]
Recognizing that certain uses, activities and
structures are necessary to serve the needs and conveniences of the
borough, and at the same time recognizing that such uses may be or
become inimical to the public health, safety and general welfare if
located and operated without proper consideration being given to existing
conditions and the character of the surrounding area, such uses are
hereby designated as conditional uses requiring a conditional use
permit. Any conditional use shall require Planning Board site plan
review and approval before the issuance of a conditional use permit.
A site plan containing the information required in the Land Subdivision
and Site Plan Regulations Ordinance of the Borough of Rutherford shall be filed with the Planning Board. The Planning Board
shall, in considering said site plan, obtain a report of the Police
Department, which shall be incorporated into its report. The granting
of a permit for the conditional uses shall comply with the general
terms and conditions established in this section using the following
principles, as well as the applicable specific conditions contained
in separate sections below:
A. The design, arrangement and nature of the particular
use is such that the public health, safety and welfare are protected
and reasonable consideration is afforded to the following:
(1) The character of the neighborhood and zone.
(2) The conservation of property values and the proposal's
impact on the orderly development of adjacent properties in accordance
with the zoning classification of such properties.
(3) The health and safety of the residents and workers
on adjacent property and in the surrounding neighborhood.
(4) The potential congestion of vehicular traffic or creation
of undue hazard.
(5) The providing of adequate landscaping and screening.
(6) The principles and objectives of the Master Plan of
the borough.
(7) The protection of natural features.
Churches may be permitted by conditional use
permit in all residential districts, provided that the following conditions
are met:
A. The lot shall front on a collector or arterial road,
as specified in the Borough Master Plan, and all ingress and egress
shall be limited to such roads.
B. A minimum buffer area of 20 feet shall be provided
along any common property line with a residential district or residential
use.
Drive-in banks may be permitted by conditional
use permit in the B-1, B-2, B-3 and B-3/SH Districts, provided that
the following conditions are met:
A. Minimum area and yard requirements shall conform to
the following requirements:
|
Principal Building Minimum
|
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|
Type
|
Requirement
|
---|
|
Lot area
|
15,000 square feet
|
|
Lot frontage
|
120 feet
|
|
Lot width
|
120 feet
|
|
Lot depth
|
125 feet
|
|
Side yard (each)
|
20 feet
|
|
Front yard
|
35 feet
|
|
Rear yard
|
30 feet
|
|
Accessory Building Minimum
|
|
|
Type
|
Requirement
|
|
Distance to side line
|
10 feet
|
|
Distance to rear line
|
10 feet
|
|
Distance to other building
|
10 feet
|
|
Maximum
|
|
|
Type
|
Requirement
|
|
Building coverage of principal building
|
40%
|
|
Building coverage of accessory buildings
|
5%
|
B. The lot shall front on a collector or arterial road,
as specified in the Borough Master Plan, and all ingress and egress
shall be limited to such roads.
C. A minimum buffer of 20 feet shall be provided along
any common property line with a residential district or residential
use.
D. All other regulations of the B-1 Business District,
except as herein modified, shall apply.
Hotels may be permitted by conditional use permit
in the B-2 and ORD Districts, provided that the following conditions
are met:
A. The lot shall front on a collector or arterial road
as specified in the Borough Master Plan, and all ingress and egress
shall be limited to such roads.
B. A minimum buffer area of 50 feet shall be provided
along any common property line with the residential district or residential
use.
C. Any hotel that may be constructed must contain a minimum
of 100 units of accommodations exclusive of permanent, on-site living
quarters for management personnel.
D. Each unit of accommodation shall include a minimum
of two rooms. These two rooms shall be a bedroom and a separate bathroom
which affords privacy to a person within said room and which is equipped
with a toilet, washbasin and a bathtub or shower, all properly connected
to water and sewer systems.
E. There shall be a maximum residency limitation on all
guests of 30 days. Such limitation shall not apply to an employee
living on the premises.
F. Prior to the granting of site plan approval by the
appropriate board, the Municipal Police, Fire and Health Departments
shall review the submitted plans and report to the board whether all
applicable state, county and municipal regulations have been satisfied.
[Amended 11-14-2022 by Ord. No. 3623-22]
Off-tract off-street parking may be permitted
to be located other than on the same lot with the use for which it
is required in the B-1, B-2, B-3, B-3/SH, ORD, and HC Districts, provided
that the following conditions are met:
A. The lot to be used for such parking is adjacent to the lot containing the use for which the parking is required, based on the definition of "tract" under Article
II, §
131-2, above.
B. The lot to be used for such parking is under the control,
either through ownership or permanent easement, of the owner or operator
of the use for which such space is required.
C. The parking requirements of the use for which such
parking is necessary shall not be reduced below the minimum requirements
of this chapter for such use.
[Added 8-10-1999 by Ord. No. 2907-99]
Off-street parking of commercial vehicles may
be permitted by conditional use permit in R-1, R-1A, U-R1A, R-1B,
R-2, R-3 and R-4 Districts, provided that the following conditions
are met:
A. The parking of commercial vehicles shall be permitted
only in a side or rear yard or in a wholly enclosed structure. No
commercial vehicle, or any portion thereof, shall be permitted to
park in the front yard.
B. A commercial vehicle parked in the side or rear yard
shall be screened from view from adjoining properties.
C. No commercial vehicle shall be permitted to park in
the side or rear yard if the subject property has a wholly enclosed
garage of sufficient size to store said vehicle.
D. Not more than one commercial vehicle of a weight capacity
not exceeding two tons, as defined by the Department of Motor Vehicles,
owned or operated by a resident of the premises, shall be permitted
to be parked on the property.
E. No commercial vehicle parked in the side or rear yard
shall have overhead or side racks for the storage of equipment or
supplies.
Service stations may be permitted by conditional
use permit in the B-1, B-2, B-3, B-3/SH and HC Districts, provided
that the following conditions are met:
A. Minimum area and yard requirements shall conform to those required in §
131-30A above for drive-in banks, except as herein modified:
(1) Side yard (each): 30 feet.
B. All pump islands shall be set back a minimum of 25
feet from any street line.
C. On corner lots, the side street setback line shall
be 50 feet.
D. A minimum buffer of 50 feet shall be provided along
any common property line with a residential district or residential
use.
E. Landscaping strips of a minimum width of 10 feet shall
be provided along front and side street lot lines. All landscaped
areas shall be curbed with concrete or granite block curbing.
F. All garbage receptacles or other outside appurtenances
shall be screened by means of adequate landscaping or fencing.
G. Parking on the site shall be limited to those vehicles
of employees, those vehicles which are involved in repairs or servicing
at the station and those commercial vehicles accessory and necessary
to the operation of the service station. No other parking shall be
permitted. No parking shall be permitted on unpaved areas.
H. There shall be a minimum of 1,500 feet between service
stations, which distance shall be measured from the nearest property
lines; provided, however, that this restriction shall not apply to
stations located along opposite side lines of a dual highway with
traffic lanes divided by a permanent median strip.
I. No service station shall be located within 300 feet
of any school, theater, church, public park or playground, fire station,
health-care facility, first-aid station, public building or institution.
J. All appliances, pits and storage areas other than
gasoline filling pumps and air pumps shall be within a building. All
lubrication, repair or similar activities shall be performed in a
fully enclosed building, and no dismantled parts shall be displayed
outside of an enclosed building.
Manufacturing, office, research and distribution
uses may be permitted by conditional use permit in the ORD District,
provided that the following conditions are met:
A. Minimum area and yard requirements shall conform to
those required in the ORD District for office, research and distribution
uses.
B. The lot shall front on a collector or arterial road
as specified in the Borough Master Plan, and all ingress and egress
shall be limited to such roads.
C. A minimum buffer area of 50 feet shall be provided
along any common property line with a residential district or use.
D. A landscaping strip of a minimum width of 10 feet
shall be provided along front and side street lot lines. All landscaped
areas shall be curbed with concrete or granite block curbing.
E. All garbage receptacles or other outside appurtenances
shall be screened by means of adequate landscaping or fencing.
F. All provisions of the ORD District, except as herein
modified, shall apply.
Amusement centers may be permitted by conditional
use permit in the HC District, provided that the following conditions
are met:
A. Minimum area and yard requirements shall be the following:
(1) Lot area: 22,500 square feet.
(5) Side yard, each: 25 feet.
(6) Front yard setback: 35 feet.
(7) Rear yard setback:
(a)
Bordering a residential zone: 50 feet.
(b)
Bordering a nonresidential zone: 25 feet.
B. The lot shall front on a collector or arterial road
as specified in the Borough Master Plan, and all ingress and egress
shall be limited to such roads.
C. A minimum buffer area of 50 feet shall be provided
along any common property line with a residential district or residential
use.
D. Parking requirements.
(1) Motor vehicle: 35 spaces per 1,000 square feet of
total floor area of the building.
(2) Bicycle: 25 spaces per 1,000 square feet of total
floor area of the building, located in a bicycle rack not to be located
near to any means of egress doors.
E. Signs. All signs for the amusement center are to conform
to § 131-18B(4), regarding retail sale of goods and services.
F. Principal building regulations are as follows:
(1) Maximum coverage of principal building: 40%.
(2) Maximum height of building: one story (20 feet).
G. Accessory building regulations are as follows:
(1) Distance to lot line: 15 feet.
(2) Distance to rear line: 15 feet.
(3) Distance to other buildings: 20 feet.
(4) Maximum coverage: 5% of lot.
(5) Maximum height: one story or 15 feet.
H. All other regulations of the Highway Commercial District,
except as herein modified, shall apply.
I. This use shall require a license from the Mayor and Council in accordance with Chapter
8, Amusement Games, of the Borough Code.
J. Restricted use. No other use shall be permitted within
an amusement center except such accessory uses which are directly
related and necessary to the operation of such primary use.
Restaurants may be permitted by conditional
use permit in the B-2 and ORD Districts, provided that the following
conditions are met:
A. Prior to the granting of site plan approval by the
appropriate board, the Municipal Police, Fire and Health Departments
shall review the submitted plans and report to the board whether all
applicable state, county and municipal regulations have been satisfied.
B. No intoxicating beverage shall be permitted to be
removed from the premises by a guest, customer or employee of the
restaurant.
Motor vehicle repair facilities may be permitted
in the B-1, B-2, B-3 and B-3/SH Districts, provided that the following
conditions are met:
A. Minimum area and yard requirements shall conform to those required in §
131-30A above for drive-in banks, except as herein modified:
(1) Side yard (each): 30 feet.
B. On corner lots, the side street setback line shall
be 50 feet.
C. A minimum buffer of 50 feet shall be provided along
any common property line with a residential district or residential
use.
D. Landscaping strips of a minimum width of 10 feet shall
be provided along front and side street lot lines. All landscaped
areas shall be curbed with concrete or granite block curbing.
E. All garbage receptacles or other outside appurtenances
shall be screened by means of adequate landscaping or fencing.
F. Parking on the site shall be limited to those vehicles
of employees, those vehicles which are involved in repairs or servicing
at the repair facility and those commercial vehicles accessory and
necessary to the operation of the repair facility. No other parking
shall be permitted. No parking shall be permitted on unpaved areas.
G. No major body work shall take place at a motor vehicle
repair facility.
H. No junked unlicensed motor vehicles or parts thereof
or motor vehicles incapable of normal operation upon the highway shall
be permitted on the premises of any motor vehicle repair facility.
I. Not more than three licensed motor vehicles may be
located upon any motor vehicle repair facility outside of a closed
or roofed building overnight, provided that said motor vehicles are
awaiting repair by the owners thereof.
J. There shall be a minimum of 500 feet between motor
vehicle repair facilities, which distance shall be measured from the
nearest property lines; provided, however, that this restriction shall
not apply to facilities located along opposite side lines for a dual
highway with traffic lanes divided by a permanent median strip.
K. No motor vehicle repair facility shall be located
within 300 feet of any school, theater, church, public park or playground,
fire station, health-care facility, first-aid station, public building
or institution.
L. All appliances, pits and storage areas other than
air pumps shall be within a building. All lubrication, repair or similar
activities shall be performed in a fully enclosed building, and no
dismantled parts shall be displayed outside of an enclosed building.
M. There shall be a minimum of one on-site parking space
for each two employees.
N. There shall be, in addition to the on-site parking requirements contained in Subsection
M above, a minimum of one space for each vehicle being repaired, inclusive of the enclosed garage bays.
O. All parking spaces shall meet the standards of §
131-2, Interpretations; use of words; definitions. All parking spaces shall be properly lined and identified.