Borough of Rutherford, NJ Article VI Conditional Uses

§ 131-28 Purpose; standards for conditional uses.

[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[1] 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.

[1] Editor's Note: See Ch. 50, Land Subdivision and Site Plan Regulations.

§ 131-29 Churches.

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.

§ 131-30 Drive-in banks.

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
	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.

§ 131-31 Funeral homes.

A. Minimum area and yard requirements shall conform to those required in § 131-30A above for drive-in banks.

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 20 feet shall be provided along any common property line with a residential district or residential use.

§ 131-32 Hotels.

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.

§ 131-33 Off-tract off-street parking.

[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.

§ 131-33.1 Commercial vehicle off-street parking.

[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.

§ 131-34 Service stations.

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.

(2) Front yard: 50 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.

§ 131-35 Manufacturing, office, research and distribution uses.

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.

§ 131-36 Amusement centers.

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.

(2) Lot frontage: 150 feet.

(3) Lot width: 150 feet.

(4) Lot depth: 150 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.

§ 131-37 Restaurants seating 125 persons or more.

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.

§ 131-38 Motor vehicle repair facilities.

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.

(2) Front yard: 50 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.[1]

[1] Editor’s Note: Former Subsection P, which concerned conversion of an existing service station to a motor vehicle repair facility and which immediately followed this subsection, was repealed 10-22-2013 by Ord. No. 3311-13.