A.
Words used in the present tense shall include the
future; the single number shall include the plural and the plural
the singular. The word "persons" includes individuals, firms, partnerships
and corporations; the word "lot" includes the word "plot"; the word
"building" includes the word "structure"; the word "shall" is mandatory
and not discretionary; the word "zone" includes the word "district."
The words "occupy" or "used" shall be considered as though followed
by the words "or intended, arranged or designed to be used or occupied."
B.
Terms not defined. Whenever a term is not defined
in this chapter, it is intended to have the meaning set forth in P.L.
1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), if defined by that statute.
In the event of conflict between the definition in this chapter and
that contained in said statute, the definition in said statute shall
apply.
For the purpose of this chapter, unless the
context clearly indicates a different meaning, the following words
and phrases have the following construction:
A subordinate building or structure customarily incidental
to the use of the main building or structure upon the same lot, occupied
or devoted exclusively to an accessory use. Where an accessory building
is attached to a main building in a substantial manner by a wall or
roof, such accessory building shall be considered part of the main
building.
A use customarily incidental and subordinate to the principal
use of the main building, premises or lot, such as an office of a
professional person or a private garage.
For matters requiring Planning Board and/or Board of Adjustment
action, the Zoning Enforcement Officer; or for all matters requiring
action by any other agency of the Borough of East Rutherford, the
Borough Clerk, unless otherwise stated or intended by this chapter.
Any establishment having 30% or more of its dollar volume
in trade in books, magazines or other periodicals which are distinguished
or characterized by their principal emphasis on matters depicting,
describing or relating to nudity, sexual conduct, sexual excitement,
etc., for sale to patrons therein.
Any enclosed building or premises for use in presenting 30%
or more of its program material distinguished or characterized by
an emphasis on matters depicting, describing or relating to nudity,
sexual conduct or sexual excitement for sale to patrons therein.
Any use which includes adult-only bookstores, adult-only
motion-picture theaters, massage parlors, rap parlors, saunas, go-go
bars, juice bars, dance establishments having paid dancers and any
such other uses which are recognized to engage in or display acts
or materials including nudity, obscene material, obscene film and
related activities.
As applied to a building or structure, a change or rearrangement
in the supporting members or structural parts of the existing facility
or an enlargement.
A portion of a building consisting of a room or group of
rooms used as a dwelling for a family and set apart as a separate
unit from other units or portions of a building.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, residential cluster development, conditional use, zoning
variance or direction of the issuance of a building permit.
The Planning Board of the municipality, unless a different
agency is designated by this chapter, when acting pursuant to the
authority of this chapter.
Any place outside a building where two or more vehicles in
operating condition are offered for sale or are displayed.
An area of a building partly underground, but having at least
1/2 of its clear ceiling height above the average finished grade level
at the exterior of the foundation. A basement shall be considered
as a story if used for dwelling or business purposes.
A structure, including a panel, wall or fence, designed or
used for the display of advertisements in public places.
All lots fronting on the same side of a street between and
including two corner lots and bounded by any of the following or any
combination thereof: streets or highways; railroad rights-of-way;
park boundary lines; Borough boundary lines; or boundary lines created
by ordinances. All lots fronting on a cul-de-sac shall be construed
as being included in one block.
A person not a member of a family, as defined in this chapter,
who pays for the privilege of lodging.
A dwelling unit in which more than three and less than 10
persons are housed or lodged for compensation with or without meals.
The Borough of East Rutherford.
A structure having a roof supported by columns, posts, piers,
walls or similar structural parts, including tents, lunch wagons,
trailers, dining cars, camp cars or other structures on wheels, or
having other supports, and any unroofed platform, terrace or porch
having a vertical face higher than three feet above the level of the
ground from which the height of the building is measured which may
be used or intended to be used for the housing, enclosure or shelter
of persons, animals or property of any kind.
The total area of outside dimensions on a horizontal plane
at ground level of the principal building and all accessory buildings.
The vertical distance of a structure measured from the average
elevation of the finished grade surrounding the structure to the highest
point of the structure, but not including the chimneys, spires, towers,
equipment and similar projections; provided, however, that such projections
shall not cover more than 5% of the roof and shall be shielded.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In the case of a cantilevered
or projected section of a building, the vertical plane will coincide
with the most projected surface. All yard requirements are measured
to the building line.
A permit issued by the Zoning Enforcement Official prior
to the start of construction, erection or alteration of any building
or other structure or part thereof and prior to the use of any lot
or area of land or part thereof as in accordance with all applicable
requirements of the State Uniform Construction Code and this chapter
and any amendment thereof.
A building in which is conducted the principal use of the
lot on which such building is situated.
The volume and shape of a building or of a nonbuilding use
which does not conform to one or more of the applicable bulk regulations
prescribing the minimum floor area, maximum height of a building or
dwelling unit, lot frontage, yards, courts, required spacing between
detached buildings on the same lot and usable open space on the lot
for the district in which such building or nonbuilding use is located.
A cable television company as defined pursuant to Section
3 of P.L. 1972, c. 186 (N.J.S.A. 48:5A-3).
A governmental acquisition of real property or major construction
project.
An area of building partially underground, having more than
1/2 of its clear ceiling height below the average finished grade level
at the exterior of the foundation.
A certificate issued and enforced by the Zoning Enforcement
Official, upon completion of the construction of a new building, upon
a change or conversion of the structure or use of a building or change
in occupancy of a multifamily, commercial or industrial use, which
certifies that all requirements and regulations as provided herein
and within all other applicable requirements have been complied with.
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 there
are not conducted any merchandising or commercial activities except
as required by the membership for the purposes of such club.
Includes but is not limited to facilities for the common
use of two or more lots, such as roads, sidewalks, swimming pools,
playgrounds, trees, greens, fairways, parking areas and utilities.
Open space area within or related to a site designated as
a development, and designed for the use and enjoyment of residents
and owners of the development.
A community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter,
and personal guidance under such supervision as required to not more
than 15 persons with head injuries who require assistance, temporarily
or permanently, in order to live in the community, and shall include
but not be limited to: group homes, halfway houses, supervised apartment
living arrangements, and hostels. Such a residence shall not be considered
a health-care facility within the meaning of the "Health Care Facilities
Planning Act," P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required to not more
than 15 developmentally disabled or mentally ill persons, who require
assistance, temporarily or permanently, in order to live in the community,
and shall include, but not be limited to: group homes, halfway houses,
intermediate care facilities, supervised apartment living arrangements,
and hostels. Such a residence shall not be considered a health care
facility within the meaning of the "Health Care Facilities Planning
Act," P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et al.).
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care,
legal assistance, personal guidance and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims who temporarily require shelter and assistance
in order to protect their physical or psychological welfare.
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 pursuant to this chapter, as amended
and supplemented.
A building, structure, lot or use that conforms with the
regulations herein made for the district in which such building, structure,
lot or use is located.
A retail establishment primarily selling food, as well as
other convenience and household goods with an overall store size of
less than 5,000 square feet.
[Added 10-17-2000 by Ord. No. 00-14]
Any development other than residential clusters.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
The ratio of the total ground floor area of buildings to
the total area of the lot, expressed as a percentage.
The mean curb level as established by the Borough Engineer
and affirmed by the Mayor and Council, or, in the absence of an established
curb level, the mean level of the existing curb or of the lot at the
street line.
Any establishment or location where dancers are paid by the
business enterprise or someone on their behalf.
A wooden structure constructed above ground level and open
on at least three sides.
The legal or beneficial owner or owners of a lot or of 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 any 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.
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 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 in accordance with Chapter 1 of Title 58 of the New Jersey Revised Statutes[1] and including lands intended as flood-control basins.
A retail business or establishment engaged in the sale of
food, soft drinks, ice cream or similar confections which are prepared,
packaged in paper or other types of disposable wrappers or containers
and served at counters either inside or outside the confines of a
building or to persons in motor vehicles so as to be intended for
immediate consumption by persons either seated or standing, either
within or outside the building or in motor.vehicles, except that this
definition shall not include retail stores selling confections as
an incidental item.
A structure or portion thereof that is used exclusively for
human habitation. The term shall not include hotels, motels, rooming
houses, hospitals or other accommodations used for transient lodging.
One or more two- or three-story multifamily structures including
related off-street parking, open space and recreation.
A dwelling containing three or more dwelling units.
A detached dwelling, other than a stationary trailer or mobile
home, containing only one dwelling unit.
A one-family dwelling attached to one other one-family dwelling
by a common vertical wall, with each dwelling located on a separate
lot.
A one-family dwelling in a row of at least three such dwellings
in which each such dwelling has its own front and rear access to the
outside, no unit is located over another, and each unit is separated
from any other unit by one or more vertical, common, fire-resistant
walls.
[Amended 9-16-2014 by Ord. No. 2014-06]
A building on a single lot containing two dwelling units,
each of which is totally separated from the other by an unpierced
ceiling and floor extending from exterior wall to exterior wall, except
for a common stairwell exterior to at least one of the dwelling units.
One or more rooms designed, occupied or intended for occupancy
as a separate living quarter, with cooking, sleeping and sanitary
facilities provided within the dwelling unit for the exclusive use
of a single family maintaining a household; a building or portion
thereof used as a residence and having housekeeping facilities for
one family as defined in this chapter.
An electronic device that delivers vapor for inhalation.
Electronic cigarette shall include any refill, cartridge, and any
other component of an electronic cigarette. Electronic cigarette shall
not include any product approved by the Food and Drug Administration
for sale as a drug or medical device.
[Added 7-15-2014 by Ord. No. 2014-14]
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
The erection, construction, alteration or maintenance by
public utilities or by municipal or other governmental services in
any street, alley or right-of-way easement provided therefor (on an
official Borough record, i.e., an approved subdivision plat, Official
Map or Tax Assessment Map) of underground or overhead electrical and
communication systems; gas stream or water transmission, distribution
or supply systems; sewerage and other collection and disposal systems;
and traffic control and fire and police protection systems, including
all equipment, accessories and appurtenances in connection therewith.
One or more persons related by blood, marriage or legal adoption;
foster or other children placed by the New Jersey Department of Institutions
and Agencies or a duly incorporated child-care agency pursuant to
law; and domestic employees occupying a dwelling unit and living as
a single housekeeping unit; or a group of not more than three persons
not necessarily related by blood, marriage or legal adoption living
together as a single housekeeping unit.
The private residence of a family day-care provider which
is registered as a family day-care home pursuant to the "Family Day
Care Provider Registration Act," P.L. 1987, c. 27 (N.J.S.A. 30:5B-16
et seq.).
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for this completion or approval conditioned upon the posting
of such guaranties.
The maps of a subdivision application for which final approval
is sought pursuant to this chapter.
The sum of the areas of the several floors of a building,
including attics and penthouses, as measured from the exterior faces
of the walls. It does not include cellars, unenclosed porches or attics
not used for human occupancy or any floor space in accessory buildings
or in the main building intended and designated for the parking of
motor vehicles in order to meet the parking requirements of this chapter
or any such floor space intended and designed for accessory heating
and ventilating equipment.
The sum of the area of all floors of a building or structure
compared to the total area of the site.
The width of a lot measured at the street line (either existing
or proposed public street occupied by the Borough) to be not less
than 2/3 of the lot width as defined herein.
An open unoccupied space on the same lot with the main building,
situated between the street line of the lot and the parts of the building
setting back and nearest to such street line and extending to the
side lines of the lot.
A building or part thereof, other than a private or repair
garage, used for the storage of passenger vehicles.
A detached accessory building or portion of the main building
used for the storage of motor vehicles but not for business or profit.
Any building, premises or land in which or upon which a business,
maintenance, washing or servicing and storage in connection therewith
of motor vehicles is conducted or rendered, but not including a motor
vehicle service station as defined herein.
A dwelling or group of dwellings on one plot and in a single
ownership not more than 2 1/2 stories or more than 35 feet high designed
and used solely for dwelling purposes by families occupying separate
apartments or suites of rooms, not more than two families using a
common entrance or hallway. Not less than 50% of the apartments in
each unit must have three walls each exposed at least 75% to give
cross ventilation and the remainder of the apartments in each unit
must have two walls fully exposed to give through ventilation.
An area of land including structures thereon that is used
for the retail sale and direct delivery to motor vehicles of gasoline
and lubricating oil and may include facilities for lubricating, washing
or otherwise servicing of vehicles where incidental to general servicing,
but not to include auto body work nor welding or painting, nor the
servicing in any manner of buses or of trucks of one-and-one-half-ton
capacity or more, nor the washing of vehicles by conveyor-type car
wash.
The Mayor and Council of the Borough of East Rutherford.
The completed surfaces of lawns, walks and roads brought
to grades as shown on approved plans relating thereto.
A room or enclosed floor space arranged for living, sleeping
and eating purposes.
The vertical distance of a structure measured from the average
elevation of the finished grade surrounding the structure to the highest
point of the structure.
A retail establishment located along and with direct access
to Route 17, primarily selling gasoline, diesel fuel and lubricating
oil for direct delivery to motor vehicles, together with food and
other convenience and household goods, with an overall store size
of less than 6,000 square feet. No highway convenience store shall
include facilities for lubricating, washing or otherwise servicing
vehicles, whether or not incidental to general servicing, nor may
such use include vehicle body work, welding or painting nor servicing
in any manner of vehicles, buses or trucks.
[Added 12-15-2015 by Ord.
No. 2015-31]
The term "hospital" shall be deemed to include a sanitarium,
nursing home and any other place for the diagnosis and/or treatment
of human ailments in which one or more patients remain overnight.
A facility offering transient lodging accommodations on a
daily rate to the general public and providing additional services,
such as restaurants, meeting rooms and recreational facilities.
Any portable or mobile structure or vehicle used as a dwelling
unit or for sleeping purposes whether or not such vehicle or structure
is attached to a foundation.
A group of industrial establishments built on one tract that
is planned, developed, owned and managed as an operating unit. The
industrial establishments may be located in one or several buildings,
attached or separated.
Nonprofit public or quasi-public uses, such as churches,
schools, hospitals, lodges, fraternal organizations and the like.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; and in the case of a civil proceeding before
a municipal agency, any person, whether residing within or without
the Borough, whose right to use, acquire or enjoy property is or may
be affected by any action taken under this chapter, or whose rights
to use, acquire or enjoy property under this chapter or any other
law of the State of New Jersey or of the United States has been denied,
violated or infringed by an action or a failure to act under this
chapter.
An area of land with or without buildings used primarily
for or occupied for the deposit, collection or storage of used and
discarded materials which, without limitation, includes wastepaper,
rags, scrap metal, used building materials, used plumbing materials,
machinery, vehicles or parts thereof, with or without the dismantling,
and the salvage of or the sale of two or more wrecked or discarded
vehicles. The keeping of any unlicensed motor vehicle in a residential
zone in the Borough of East Rutherford for one month or more and in
any other zone in the Borough of East Rutherford for three months
or more, unless said unlicensed motor vehicle is kept in a completely
enclosed garage, shall be deemed as conducting a junkyard.
A structure or use where more than three dogs of more than
six months of age are housed at one time for the purpose of sale,
boarding, breeding, treatment or hospitalization, except a pet shop.
Having knowledge of the character content of the material
or film described in the regulated uses ordinance; or having failed
to engage in a reasonable inspection which would disclose its character
and content.
A component of the Master Plan taking into account any other
Master Plan elements and natural conditions; showing the existing
and proposed location, extent and intensity of development of land
to be used in the future for various public and private purposes;
and including a statement of the standards of population density and
development intensity recommended for the Borough.
Any mandatory off-street space required for the loading or
unloading of goods with dimensions as required in Ordinance No. 96-02
and having direct usable access to a street and/or alley, except that
where one such loading space has been provided, any additional loading
space lying alongside, contiguous to and not separated from such first
loading space need not be wider than 12 feet.
Any sewerage authority created pursuant to the Sewerage Authorities
Law, P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.); any utilities
authority created pursuant to the Municipal and County Utilities Authorities
Law, P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.); or any utility
authority, commission, special district or other operate entity not
regulated by the Board of Regulatory Commissions under Title 48 of
the Revised Statutes that provides gas, electricity, heat, power,
water or sewer service to a municipality or the residents thereof.
A designated parcel, portion, tract or area of land, exclusive
of any adjoining street, established by the latest official record
(Borough Tax Map or approved subdivision plat), separated from other
parcels, tracts, areas or portions, to be used, sold, leased, developed
or built upon as a unit.
The total square unit area contained within the lot lines.
A lot at the junction of and abutting on two or more intersecting
streets when the interior angle of intersection does not exceed 135º.
The shortest distance between the front lot line and a line
drawn parallel to the front lot line through the midpoint of the rear
lot line.
A lot other than a corner lot.
Any line forming a portion of the exterior boundary of a
lot and is the same line for that portion of a lot abutting a street.
The right-of-way line of the street on which a lot fronts
or abuts. The front lot line of all corner lots shall be the shorter
of the two abutting street right-of-way lines.
A lot line other than another front line on another street
which is both opposite the front lot line and is the farthest rear
boundary line from the street.
Any lot line not a front line or a rear lot line, including
a lot line of an offset portion of a lot which may be the rear lot
line of an adjacent lot.
A lot abutting on two parallel or approximately parallel
streets.
The width of the lot measured at right angles to its depth
at the required setback line.
Any security, which may be accepted by the Borough for the
maintenance of any improvements required by this chapter, including
but not limited to surety bonds, letters of credit under circumstances
specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5),
and cash.
All subdivisions not classified as minor subdivisions.
An establishment which provides dock slips or land storage
areas for two or more boats, where such boats may be sold, rented
or repaired and where gasoline, ice and incidental supplies for such
boats may be provided.
Any establishment primarily engaged in the business of providing
massage services.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et seq.
Any subdivision containing not more than three lots, provided
that such subdivision does not involve a planned development, any
new street or the extension of any off-tract improvements the cost
of which is to be prorated pursuant to Section 30 of P.L. 1975, c.
291 (N.J.S.A. 40:55D-42).
The Planning Board, the Board of Adjustment or the Mayor
and Council of the Borough of East Rutherford.
A building or structure which, by its design, size, dimension
or location upon a lot, does not conform to the requirements of this
chapter for the zone in which it is located.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
fails to conform to the requirements of the zone in which it is located
by reason of such adoption, revision or amendment.
A poisonous gas or vapor of sufficient concentration to be
injurious or dangerous to plant or animal health or life.
A school operated on a regular basis designed to provide
daytime care or instruction for two or more children too young to
enter public school.
A place for the transaction of business where reports are
prepared, records kept and service rendered, but where no retail sales
are offered and where no manufacturing, assembly or fabricating takes
place.
A map adopted by ordinance of the governing body, pursuant
to N.J.S.A. 40:55D-32 through 40:55D-36, showing the location and
width of streets and drainage rights-of-way and the location and extent
of public parks and playgrounds, whether existing or proposed.
Located outside the lot lines of the lot in question, but
within the property (of which the lot is part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application or contiguous portion of a street or right-of-way.
An improvement which is not located on the property which
is the subject of an application for development nor on a contiguous
portion of a street or right-of-way and includes any of the following:
All improvements of the types required for on-tract
installation, where the need for the provision of such improvements
off-tract is, in whole or in part, made necessary by the proposed
application of the applicant and where the making of such improvements
will confer a benefit upon the applicant's lands which are the subject
of the application.
Any improvement or facility, the installation
of which is required in the public interest and the public need for
which would not arise but for the improvement of the lands which are
the subject of the applicant's application and the installation of
which would confer a benefit upon the applicant's lands which are
the subject of the application. In addition, the improvements required
to maintain a safe flow of vehicular and pedestrian traffic are specifically
declared to be necessary in the public interest.
Installation of new improvements and extensions
and modifications of existing improvements.
Located on the lot in question.
Any improvement, the installation of which may be required
as part of an application for development and which is to be located
on the property which is the subject of an application for development
or on a contiguous street or right-of-way.
Located on 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, provided that such
areas may be improved, with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
The keeping overnight of any item not a structure, including
any unlicensed and unregistered motor vehicles, which is not in a
completely enclosed building, except the following:
The keeping of motor vehicles with license plates
and in operating condition as an accessory to a residence.
As an accessory use to a one- or two-family
dwelling only, toys, bicycles, garden equipment and similar customary
appurtenances of residential living.
As an accessory use to a residence, or in a
permitted marina or boatyard, boats and similar waterborne vehicles.
An open area, other than a street or other public way, used
for the parking of motor vehicles and available for public use, whether
for a fee or as a service or privilege for clients, customers, suppliers
or residents.
The distance from the property to any vehicle or parking
space for a vehicle, measured at right angles to the property line.
The front, interior side, corner side and rear parking setbacks shall
be measured from the front interior side, corner side and rear lot
lines, respectively.
An accommodation for the off-street parking of a motor vehicle,
which space shall have an area and dimensions as required in Ordinance
with adequate provision for ingress and egress.
A level, landscaped and/or surfaced area directly adjacent
to a principal building at or within 18 inches of the finished grade
and not covered by a permanent roof.
Provisions of this chapter regulating noise, vibration, radiation,
electrical interference, noxious odors, toxic substances, explosive
and inflammable materials, smoke and airborne particles, waste discharge,
buffer screening of unsightly conditions and such other matters as
may be necessary to achieve the purposes of this chapter.
Any use of land or buildings as permitted by this chapter.
A person who has sustained an injury, illness or temporary
or permanent physiobiological decrease of mental, cognitive, behavioral,
social or physical functioning which causes partial or total disability.
A meeting hall, club house, auditorium, church, synagogue
or other structure or portion of a structure used at regular or periodic
intervals as a gathering place for 25 or more persons for purposes
of conference, deliberation, worship, entertainment, recreation or
education, except instruction of pupils of high-school age or younger.
A map or maps of a subdivision or site plan.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
The preliminary map indicating the proposed layout of a subdivision
or site plan which is submitted to the Borough Clerk for Planning
Board consideration and preliminary approval.
The lot, and any structures which may be accepted by a municipality,
including but not limited to surety bonds, letters of credit under
the circumstances specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A.
40:55D-53.5) and cash.
The primary or predominant purpose of use for which a lot
is used or a building or buildings on a lot are occupied.
The office of a member of a recognized profession. A professional
office, when conducted in a residential zone, shall be incident to
the use of the dwelling for dwelling purposes, shall be conducted
by a member of the immediate family residing on the premises and entirely
within the residential building. Such professional use shall in no
way change the character of the dwelling. Only the following specified
professions shall be permitted: physician, dentist, attorney, city
planner, professional engineer, architect, artist, author, optometrist,
physiologist, psychiatrist and teacher (with musical instruments being
limited to a single pupil at a time). All other uses are expressly
prohibited. The following use criteria shall be complied with:
Public parks, playgrounds, trails, paths and other recreational
areas, other public open space, scenic and historic sights and sites
for schools and other public buildings and structures.
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 uses.
Any municipal, county, state, federal or other governmental
use.
The majority of the full authorized membership of a municipal
agency.
An establishment primarily in the business of providing nonprofessional
conversation or similar services for adults.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
An establishment serving food for consumption within the
building in which the food is prepared.
The further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law; or
The alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
A retail store devoted primarily to the sale of electronic
cigarettes, and in which the sale of other products is merely incidental.
The sale of such other products shall be considered incidental if
such sales generate less than 50% of the total annual gross sales.
[Added 7-15-2014 by Ord. No. 2014-14]
A building in which any article excluding automotive vehicles
and building materials is offered for sale at retail.
The total width and length of the course of property along
a street, watercourse, utility alignment or other way and within which
all improvements and right of access are confined.
An establishment primarily in the business of providing:
A school or college giving regular instruction at least five
days a week for a normal school year; but not including:
The deposit of soil that has been transported from its site
of origin by water, ice, wind, gravity or other natural means as a
product of erosion.
A building, group of buildings or other facility having compartments,
rooms, spaces, containers or other type of units that are individually
leased, rented, sold or otherwise contracted for by customers for
the storage of personal or business goods or property, and where the
facility owner/operator has limited access to the units. For purposes
of this chapter, "self-service storage facility" shall be considered
synonymous with self-storage warehouse, self-storage facility, mini-warehouse
or mini-storage.
[Added 12-15-2015 by Ord.
No. 2015-31]
An establishment primarily engaged in rendering nonrepair
services such as advertising, building cleaning or equipment rental
to business enterprises on a fee or contract basis.
A business occupying less than 2,000 square feet of floor
area, conducted to render either a personal service, such as hair
cutting, shoe repair or dry cleaning, but not including mortuary services;
or a household service, such as insect extermination or the repair
of furniture, small household appliances and television sets; but
not including the repair on the premises of furnaces, refrigerators,
air conditioners and other articles of similar bulk and weight and
not including any business which uses a truck with rated capacity
of over 3/4 ton in the provision of its services.
The setback of a building from a particular lot line is the
horizontal distance from such lot line to the part of the building
nearest such lot line.
One or more buildings or parts thereof designed as a unit,
to be occupied by one or more separate business enterprises for the
conduct of a business and conducted as an integrated and cohesively
planned area development.
Ownership by one person or by two or more persons, whether
jointly, as tenants by the entirety or as tenants in common of a separate
parcel of real property not adjacent to land in the same ownership.
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 waterways;
the location of all existing and proposed buildings, streets, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping structures and signs, lighting and screening
devices; and any other information that may be reasonably required
in order to make an informed determination pursuant to this chapter.
The examination of specific development plans for a lot. Whenever the term "site plan approval" is used in this chapter, it shall be understood to mean review and approval by the Planning Board or Board of Adjustment, as appropriate, pursuant to the provisions of Article I.
An elevated panel or plate, or a canopy or array thereof,
that captures and converts solar radiation to produce power, and includes
flat plate, focusing solar collectors, or photovoltaic solar cells
and excludes the base or foundation of the panel, plate, canopy, or
array.
[Added 8-16-2011 by Ord. No. 2011-11]
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or, if there
is no floor above it, then the space between the floor and the ceiling
next above it and including those basements used for the principal
use.
Any street, avenue, boulevard, road, parkway, viaduct, drive
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 approved by official action as provided by this chapter; or which
is shown on a plat duly filed and recorded in the office of the county
recording officer prior to the appointment of a Planning Board and
grant to such Board of the power to review plats; and includes the
land between the street lines, whether improved or unimproved, and
may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
area and other areas within the street lines.
That line determining the limit of the street or highway
right of the public, either existing or contemplated. Where a definite
right-of-way width has not been established, the street line shall
be assumed to be a point 25 feet from the center line of the existing
street.
Any change in or addition to the supporting members of a
structure.
Any combination of materials forming any construction, the
use of which requires the location on the ground or attachment to
something having location on the ground and including, among other
things, display stands, platforms, pools, flagpoles, standpipes, tanks
and towers of any kind. The term "structure" shall include the term
"building."
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
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 subdivision within
the meaning of this chapter if no new streets are created: divisions
of land found by the Planning Board, or Subdivision Committee thereof
appointed by the Chairman, to be for agricultural purposes where all
resulting parcels are five acres or larger in size; divisions of property
by testamentary or intestate provisions; divisions of property upon
court order; and conveyances so as to combine existing lots by deed
or other instrument. The term "subdivision" shall also include the
term "resubdivision."
A Committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of the chapter, reviewing subdivisions
and site plans and such other duties relating to land subdivision
which may be conferred on this Committee by the Board.
A retail establishment primarily selling food, as well as
other convenience and household goods.
[Added 10-17-2000 by Ord. No. 00-14; amended 9-21-2010 by Ord. No. 2010-17]
Facilities constructed above or below ground having a depth
of more than two feet and/or a water surface of 100 square feet or
more and designed and maintained for swimming purposes. "Swimming
pools" shall include all buildings, structures, equipment and appurtenances
thereto.
A swimming pool located as an accessory use to a residence
for use by members of the residence and guests.
The principal purpose for which a lot or the principal building
thereon is designed, occupied, maintained or intended to be used.
The primary purpose for which a lot or a principal building
is used. Only one principal use is permitted on any lot containing
a dwelling unit. If any building or lot contains two or more separate
business or other enterprises, the building or lot shall be considered
to have two or more principal uses.
A use not permitted within a district. Those uses not permitted by Article IV of this chapter are prohibited. The listing of certain uses as specifically prohibited reiterates the prohibition regarding those particular uses to avoid doubt or confusion.
Permission to depart from the literal requirements of a zoning
regulation.
A modification of the lot, yard and building dimensions and
coverage requirements set forth in this chapter on grounds of practical
difficulties or under due hardship, not self-imposed. Such action
shall be deemed to create a nonconforming lot or building.
Permission granted in particular cases and for special reasons
to allow the use of a lot or building in a district restricted against
such use under this chapter. Such use shall be thereafter deemed nonconforming.
A required unobstructed open space lying between a building
or outer building of a group and the nearest lot line.
An open unoccupied space, unless occupied by a use as hereinafter
specifically permitted, extending across the full width of the lot
and lying between the street right-of-way and the nearest line of
the principal building.
A space unoccupied except by an accessory building or use
as hereinafter permitted, specifically extending across the full width
of the lot between the rear line of any building, other than an accessory
building, and the rear lot line.
An open unoccupied space, unless occupied by a use as hereinafter
specifically permitted, on principal building and the side lot line,
extending from the front yard to the rear yard.
The individual who shall be, from time to time, charged by
the Mayor and Council with the enforcement of the zoning regulations
of the Borough of East Rutherford.
A document signed by the administrative officer which is required by ordinance 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 of the Borough Zoning Ordinance or variance therefrom duly authorized pursuant to Article II of Chapter 305, Administrative Procedures.
[1]
Editor's Note: Former Chapter 1 was repealed
by L. 1945, c. 22. See now Chapter 1A.
