The provisions of this chapter shall be subject
to such exemptions, addition or modifications as are herein provided
by the following supplementary regulations.
In all districts, no fence or wall shall exceed
four feet in height in any front yard except where required by this
chapter to screen parking areas. Any fences installed after August
13, 1997, must be installed with the decorative side facing toward
the neighboring property. Hedges, walls and fences on the side and
rear yards are permitted to heights not exceeding six feet.
A.Â
Terraces or patios. A paved terrace or patio shall
not be considered in the determination of yard sizes or lot coverage;
provided, however, that such terrace or patio is unroofed and without
walls, parapets or other forms of enclosure. Such terrace or patio
may, however, have an open guard railing not over three feet high
and shall not project into any yard to a point closer than four feet
from any lot line.
B.Â
Porches. Any roofed-over porch shall be considered
a part of the building in determination of the size of yard or lot
coverage.
C.Â
Projecting architectural features. The space in any
required yard shall be open and unobstructed, except for the ordinary
projections of window sills, belt course, cornices, eaves and other
architectural features; provided, however, that such features shall
not project more than two feet into any required yard.
D.Â
Bay windows. Bay windows, including their cornices
and eaves, may project into any required yard not more than two feet;
provided, however, that the sum of such projections on any wall does
not exceed 1/3 of the length of said wall.
E.Â
Fire escapes. Open fire escapes may extend into any
required yard not more than four feet six inches.
F.Â
Decks. A deck shall not be considered in the determination
of yard size or lot coverage; provided, however, that such a deck
is located no more than an average of four feet off the ground and/or
attached to the first floor, whichever height is less. Such decks
shall have an open guard railing as required by the adopted Borough
Building Code, shall not be enclosed and shall not project into any
yard at a point closer than five feet from any lot line. Decks in
the front yard shall not exceed 25 square feet.
A.Â
AWNING OR CANOPY
BANNER
FLAGS
MARQUEE
PENNANT
SIGN
SIGN, ANIMATED OR MOVING
SIGN AREA
SIGN, AWNING OR CANOPY
SIGN, BILLBOARD
SIGN, BUSINESS
SIGN, DIRECTIONAL
SIGN, DIRECTORY
SIGN, FREESTANDING
SIGN, IDENTIFICATION
SIGN, MARQUEE
SIGN, NAMEPLATE
SIGN, PORTABLE
SIGN, PROJECTING
SIGN, ROOF
SIGN, TEMPORARY
SIGN, WALL
SIGN, WINDOW
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
A temporary roof-like structure consisting of framing covered
with canvas or similar material mounted partly or solely on and projecting
from the wall of a building by no less than three feet and up to seven
feet for the purpose of shielding windows or doorways.
Any non-message-bearing decorative device made of lightweight
fabric or similar material that is permanently mounted to a pole or
a building, which is on the property on which said banner is located,
by a permanent frame at one or more edges. Flags shall not be considered
banners.
Any fabric or material containing distinctive colors patterns
or symbols used as a symbol.
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of a building, generally
designed and constructed to provide protection from the weather.
Any lightweight plastic, fabric or other material whether
or not containing a message, of any kind, suspended from a rope, wire
or string, usually in series and designed to move in the wind, and
attached directly to the premises which is displaying said pennant.
Any object, device, display or structure or part thereof
which is used to advertise, identify, display, direct or attract attention
to an object, person, institution, organization, business, product,
service, event or location by any means including words, letters,
figures, design, symbols, fixtures, colors, illumination or projected
images. This is not intended to include any official court or public
notices; or any flag, emblem or insignia of government, school or
religious group when displayed for official purposes.
Any sign or part of a sign which changes physical position
by any movement or rotation or which gives the visual impression of
such movement or rotation.
The total square foot content of the background upon which
lettering, illustration, logo or display is presented, including any
base support or frame. This shall not be construed to include the
supporting members of any sign which are used solely for the purpose
of structural or mechanical support. If there is no background, the
sign area shall be the product of the largest horizontal width and
the largest vertical height of the lettering, illustration or display.
A sign that is part of or attached to an awning or canopy
such that the sign does not project above, below or beyond the awning
or canopy.
Any structure or portion thereof on which lettered, figured
or pictorial matter is displayed for advertising purposes, other than
the name and occupation of the user of the premises or the nature
of the business conducted thereon or the products primarily sold or
manufactured thereon.
A sign which directs attention to a business or profession
conducted, or to a commodity or service sold, offered or manufactured,
or to an entertainment offered on the premises where the sign is located.
A sign, generally informational, limited to directional messages,
principally for pedestrian or vehicular traffic, such as "one-way,"
"entrance" or "exit."
A sign which identifies an institution or organization on
the premises of which it is located and which contains the name of
the institution or organization, the names of individuals connected
with it and general announcements of events or activities occurring
at the institution or similar messages.
Any sign supported by structures or supports that are placed
on or anchored in the ground and that are independent from any building
or structure.
A sign giving the nature, logo, trademark or other identifying
symbol or any combination of the name, symbol and address of a building,
business, development or establishment on the premises where it is
located.
Any sign attached to, in any manner, or made part of a marquee
by direct lettering or attachment of lettering to the surface.
A sign, located on the premises, giving the name or address,
or both, of the owner or occupant of a building or premises.
Any sign that is not permanently attached to the ground or
other permanent structure, or a sign designed to be transported, including
but not limited to signs designed to be transported by means of wheels;
signs converted to A or T frames; menu and sandwich board signs; balloons
used as signs; umbrellas used for advertising; and signs attached
to or painted on vehicles parked and visible from the public right-of-way,
unless said vehicle is used in the normal daily operation of the business.
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than 18 inches beyond the surface of
such building or wall.
Any sign erected and constructed wholly on and over the roof
of a building, supported by the roof structure and extending vertically
above the highest portion of the roof.
Any sign that is used only temporarily and is not permanently
mounted.
Any sign attached parallel to but with its leading edge extending
no more than 12 inches from the wall, painted on the wall surface
of or erected and confined within the limits of an outside wall of
any building or structure, which is supported by such wall or building,
and which displays only one sign surface.
A sign that is applied or attached to the exterior or interior
of a window or located in such a manner within a building that it
can be seen from the exterior of the structure through a window.
B.Â
Permits.
(1)Â
It shall be unlawful for any person, firm, corporation
or common carrier to erect, paint, alter, reword, locate or relocate,
reconstruct or change in any manner a sign or signs without first
having obtained, and having in force and effect, a permit from the
Construction Official. Every sign for which a permit has been issued
pursuant to this chapter shall show the permit number thereon.
(2)Â
Before any permit is granted for the erection, painting,
alteration, rewording, locating or relocating, reconstruction or change
in any form of a sign or sign structure, an application, together
with plans and specifications, shall be filed with the Construction
Official showing the wording, coloration, dimensions, materials and
details of construction, including loads, stresses, support and anchorage.
The application shall be accompanied by the written consent of the
owner or lessee of the premises upon which the sign is to be erected
and all data which the Construction Official may require to determine
if such sign complies with all provisions of this chapter, including
certification by an architect or a professional engineer of its structural
adequacy. The property owner shall be advised by the Construction
Official, at the time of application for the permit to erect the sign,
of his prospective liability for the cost of removal in the event
that the permittee fails to do so.
C.Â
Exceptions from permits.
(1)Â
Subject to the size limitations hereinafter provided,
permits shall not be required for signs of the following nature:
(a)Â
One nonilluminated temporary sign pertaining
to the sale or lease of the premises upon which it is placed, not
exceeding eight square feet, provided that it shall be removed within
seven days after consummation of a sale or lease. Such sign is to
be no closer to the street than the average setback line of the buildings
on said street. Corner properties shall be permitted two signs, which
signs shall each conform to the requirements as stated herein.
(b)Â
Nonilluminated temporary signs pertaining to
civic or philanthropic activities or institutions, not exceeding eight
square feet, and which sign shall be maintained for a period not exceeding
90 days.
D.Â
Prohibited signs.
(1)Â
Prohibited signs are signs which:
(a)Â
Contain statements, words or pictures of an
obscene, indecent or immoral character, such as will offend public
morals or decency.
(b)Â
Contain or are in imitation of an official traffic
sign or signal or contain the words "stop," "caution," "danger," "go
slow" or similar words.
(c)Â
Are of a size, location or movement, contain
intermittent flashing content, coloring or manner of illumination
which may be confused with or construed as a traffic control device
or which obstruct from view signs or signals or vehicular traffic
on a public street. Exposed neon-type signs are prohibited. Floodlights
used for the illumination of signs where such floodlights create interference
with traffic visibility shall be prohibited. Signs with a maximum
surface brightness, whether it is internally or externally illuminated,
exceeding 250 footcandles are prohibited.
(d)Â
Have in any manner or have a major moving part,
or give the illusion of movement, except animated or moving signs
containing time and temperature changes.
(e)Â
Contain or consist of poster, ribbons, streamers,
strings of light bulbs, spinners, balloons, kites or other similarly
moving devices. The devices when not part of any sign are similarly
prohibited.
(f)Â
Use of the surface of sidewalks, roads and driveways,
except municipal traffic control signs.
(g)Â
Are defined as billboards, projecting signs, portable signs and roof signs in Subsection A above.
(h)Â
Are not attached directly to the premises to
which the sign's message refers.
(i)Â
Contain more than two display faces.
E.Â
General sign provisions.
(1)Â
Any sign, now or hereafter erected or maintained,
which no longer advertises a bona fide business conducted or product
sold or notice of a current future event shall be taken down and removed
by the permittee or by the owner of the premises; if there is no permittee,
within 90 days after such business ceases, such product ceases to
be sold or such event occurs. Upon failure to comply, the Construction
Official is hereby authorized to cause removal of such sign, and any
expense incident thereto shall be paid by the permittee or owner of
the premises upon which the sign is located. The Construction Official
shall thereafter refuse to issue a permit for the erection of any
sign in the Borough of East Rutherford to any permittee or property
owner who refused to pay the costs of such removal until paid.
(2)Â
Any sign which has been erected illegally shall be
removed from said premises within 10 days from receipt of a written
order to do so from the Construction Official.
(3)Â
No new billboard sign structure shall be permitted
to be erected in any district. Any existing billboard sign structure
shall be permitted to be maintained, including customary posting and
painting, but shall not be permitted to be enlarged in size or be
relocated.
(4)Â
Any legally erected sign or sign structure which is
nonconforming at the time of enactment of this chapter may be continued
in use, maintained or modernized, or structurally improved, but not
enlarged, subject to all other provisions of this chapter.
(5)Â
For signs with two display faces, the maximum sign
area requirements shall be permitted on each face.
F.Â
Signs in residential districts. The following shall
be permitted:
(1)Â
One nameplate sign not more than one square foot in
area which may be either a nonilluminated or illuminated nonflashing
sign, provided that it is not visible from the street or any adjoining
property.
(3)Â
A directory or identification sign or signs, not exceeding
12 square feet in surface display area, for a house of worship, provided
that if said directory or identification sign is not attached to the
facade of the building, it shall be located no closer than 18 feet
to a street line. Such may be illuminated by backlighting or by direct
lighting, provided that the latter is so screened that light is not
directed or reflected toward any adjacent residence.
(4)Â
Private schools, clubs and permitted institutional
uses may identify themselves with one nameplate sign not exceeding
nine square feet of surface display area, provided that if said sign
is not attached to the facade of the building, it shall be set back
from the street line a distance of 18 feet or more.
(5)Â
Identification or directory signs, not exceeding 12
square feet of surface display area, in apartment dwelling groups,
provided that only one such sign shall be maintained for each street
frontage upon which the apartment dwelling group fronts, and provided
further that such sign or signs shall be set back from the street
line a distance of 18 feet or more and that only backlighting shall
be used to provide artificial illumination.
(6)Â
Any structure containing a use permitted in an NC,
RC, PCD, RD-1 or I District but not an R District and which exists
as a nonconforming use may display wall business signs, the aggregate
area of which sign shall not exceed 10% of the face of the wall facing
on a street on which the sign is attached and illumination of such
signs shall be indirect and nonintermittent.
G.Â
Signs in the Neighborhood Commercial District.
(2)Â
Business, identification, directory or animated signs,
which are also characterized as wall signs, as defined in this chapter,
may be erected on any entrance wall or wall facing on a street, provided
that the total sign area permitted on the face of any storefront to
which such sign or signs are attached shall not exceed 10% of the
area of the face of the storefront to which such sign or signs are
attached. In any event, the maximum height of any single sign shall
not exceed five feet, and the maximum width shall not exceed 75% of
the width of the storefront to which the sign is attached.
(3)Â
Window signs shall not exceed 25% of the total window
area for those street-level or first-floor windows facing on a street.
The total area for window signs shall be included as part of the calculation
for total permitted sign area. Street address numbers not exceeding
six inches in height and one business-hours sign affixed to the storefront
window or door and no larger than three square feet shall be exempt
from the sign area requirements in this section.
(4)Â
Pennants and banners may be utilized but may not contain
a commercial message and shall not exceed 5% of the area of the face
of the storefront to which such pennants or banners are attached.
(5)Â
Awning signs are permitted. Awning sign area shall
be calculated as part of the total permitted sign area for signs in
all districts but residential.
(6)Â
Marquee signs are only permitted in conjunction with
legitimate theaters, including movie theaters.
(7)Â
No sign shall be lighted by means of flashing or intermittent
illumination. All lights used for the illumination of business establishments
or for the illumination of business buildings or areas surrounding
them or for the illumination or display of merchandise or products
of business establishments shall be completely shielded from the view
of vehicular traffic using the road or roads abutting such business
properties. Floodlights used for the illumination of signs on the
premises or any sign thereon, whether or not such floodlights are
attached to or separate from the building, shall not project above
the highest elevation of the front wall of the building.
(8)Â
Business buildings located on corner lots shall be
construed as having frontage on both streets, and signs as regulated
in this section shall be permitted accordingly.
(9)Â
Gasoline service stations and public garages, where
permitted only, may display, in addition to the foregoing signs, the
following signs which are deemed customary and necessary to their
respective business:
(a)Â
One nonmoving freestanding sign advertising
the name of the station or garage and for the principal products sold
on the premises, including any special company or brand name, insignia
or emblem, provided that each sign shall not exceed 20 square feet
in area on a side and shall be placed within five feet of the property
line and not less than eight feet nor more than 15 feet above ground.
(b)Â
One temporary sign located inside the property
line and specifically advertising special seasonal servicing of automobiles,
provided that said sign does not exceed seven square feet in area.
(c)Â
Directional signs or lettering displayed over
individual entrance doors or bays, consisting only of the words "washing,"
"lubrication," "repairs," "mechanic on duty" or other words closely
similar in import, provided that there shall be not more than one
such sign over each entrance or bay, the letters thereof shall not
exceed 15 inches in height and the total of each such sign shall not
exceed eight square feet.
(d)Â
Customary lettering or other insignia which
are a structural part of a gasoline pump, consisting only of the brand
name of gasoline sold, lead-warning sign or a price indicator, and
any other sign required by law, and not exceeding a total of three
square feet on each pump, and, if illuminated, such signs shall be
nonflashing and shall not in any manner constitute a traffic hazard
with respect to adjacent streets or intersections.
(e)Â
A nonilluminated credit card sign not exceeding
two square feet in area and placed on or near the gasoline pump.
H.Â
Signs in the Regional Commercial and Light Industrial
Districts.
(1)Â
The following types of signs shall be permitted in
the Regional Commercial and Industrial Districts:
[Amended 9-15-1998 by Ord. No. 98-15]
(b)Â
No sign shall be lighted by means of flashing
or intermittent illumination. All lights used for the illumination
of business establishments or for the illumination of business buildings
or areas surrounding them or for the illumination or display of merchandise
or products of business establishments shall be completely shielded
from the view of vehicular traffic using the road or roads abutting
such business properties. Floodlights used for the illumination of
said premises or any sign thereof, whether or not such floodlights
are attached to or separate from the building, shall not project above
the highest elevation of the front wall of the building.
(c)Â
Business, identification, directory or animated
signs, which are also characterized as wall signs, as defined in this
chapter, may be erected on any entrance wall or wall fencing on a
street, provided that the total sign area permitted on the face of
any building front to which such sign or signs are attached shall
not exceed 10% of the area of the face of the building front to which
such sign or signs are attached. In any event, the maximum height
of any single sign shall not exceed 10 feet, and the maximum width
shall not exceed 25% of the width of the building front to which the
sign is attached.
(d)Â
Awning signs are permitted. Awning sign area
shall be calculated as part of the total permitted sign area for signs
in all districts but residential.
(e)Â
Marquee signs are only permitted in conjunction
with legitimate theaters, including movie theaters.
(f)Â
No sign shall be lighted by means of flashing
or intermittent illumination.
(g)Â
Buildings located on corner lots shall be construed
as having frontage on both streets, and signs as regulated in this
section shall be permitted accordingly.
(h)Â
Gasoline service stations and public garages,
where permitted only, may display, in addition to the foregoing signs,
the following signs which are deemed customary and necessary to their
respective business:
[1]Â
One nonmoving freestanding sign advertising
the name of the station or garage and for the principal products sold
on the premises, including any special company or brand name, insignia
or emblem, provided that each sign shall not exceed 20 square feet
in area on a side and shall be placed within five feet of the property
line and not less than eight nor more than 15 feet above ground.
[2]Â
One temporary sign located inside the property
line and specifically advertising special seasonal servicing of automobiles,
provided that said sign does not exceed seven square feet in area.
[3]Â
Directional signs or lettering displayed over
individual entrance doors or bays, consisting only of the words "washing,"
"lubrication," "repairs," "mechanic on duty" or other words closely
similar in import, provided that there shall be not more than one
such sign over each entrance or bay, the letters thereof shall not
exceed 15 inches in height and the total of each such sign shall not
exceed eight square feet.
[4]Â
Customary lettering or other insignia which
are a structural part of a gasoline pump, consisting only of the brand
name of gasoline sold, lead-warning sign or a price indicator, and
any other sign required by law, and not exceeding a total of three
square feet on each pump, and, if illuminated, such signs shall be
nonflashing and shall not in any manner constitute a traffic hazard
with respect to adjacent streets or intersections.
[5]Â
A nonilluminated credit card sign not exceeding
two square feet in area and placed on or near the gasoline pump.
I.Â
Master signage plan. For any lot on which the owner
proposes to erect one or more signs requiring a permit, the owner
shall submit to the Construction Official a master signage plan containing
the following:
(1)Â
An accurate plot plan of the lot, at such scale as
the Official may reasonably require;
(2)Â
Location of buildings, parking lots, driveways and
landscaped areas on such lot;
(3)Â
Computation of the maximum total sign area, the maximum
area for individual signs, the height of signs and the number of freestanding
signs permitted and proposed on the lot(s) included in the plan under
this chapter; and
(4)Â
An accurate indication on the plot plan of the proposed
location of each present and future sign of any type, whether requiring
a permit or not.
A.Â
No building or premises shall be used nor shall any
building be erected nor shall any building be altered so as to expand
its usable floor area unless there is provided parking spaces upon
the same premises upon which the use or structure is located.
(1)Â
Off-street parking requirements.
Table A
| ||
---|---|---|
Off-Street Parking Requirements
| ||
Use
|
Number of Required Parking Spaces
| |
Bank and savings institutions
|
1 for each 300 square feet of floor area, or
8 for each teller window, whichever is greater
| |
Bowling lanes
|
5 for each lane
| |
Churches and other places of worship
|
1 for each 3 seats, or 1 for each 72 inches
of seating space when benches rather than seats are used
| |
Community buildings, social halls and clubs
|
1 for each 4 seats, except where a specific
amount of seating is undetermined, then 1 for each 8 members
| |
Funeral homes and mortuaries
|
5 for each chapel or slumber room; 1 for every
1 1/2 employees on the largest shift, or a total of 1/2 the building
area, whichever is greater
| |
Industrial and manufacturing uses and warehouse
uses
|
1 for every 400 square feet of floor area
| |
Medical or dental clinics or offices
|
4 for each doctor or dentist, plus 1 for each
100 square feet of floor area
| |
Mixed land uses
|
Mixed land uses in the same building shall be
calculated as the sum of the individual uses unless the applicant
can demonstrate to the approving authority that the parking characteristics
of the total needs of the development are less than the sum of the
parts and the number of spaces to be provided will satisfy the lesser
need
| |
Motels, hotels and motor lodges
|
1 for each rental unit and, in addition, compliance
with the requirements for each particular additional use located on
the property, such as restaurants, eating and drinking establishments,
retail stores and meeting rooms
| |
Motor vehicle service stations
|
For each bay, plus 1 for each employee in the
maximum working shift
| |
Multifamily residential dwellings
|
1 1/2 for each 1-bedroom unit, 2 for each 2-bedroom
unit and 3 for each 3-or-more-bedroom unit
| |
Nursing and convalescing homes; hospitals
|
1 for every 2 beds, plus 1 per staff member
and employee in the maximum work shift
| |
Offices, business and professional (other than
medical and dental)
|
1 for every 250 square feet of floor area
| |
Public and government, buildings of
|
1 for every 800 square feet of gross floor area
| |
Residential, one- to two-family dwellings
|
2 per dwelling unit
| |
Restaurants, eating and drinking establishments
and catering halls
|
1 for every 3 seats plus 1 for every 2 employees
| |
Restaurants, fast-food
|
1 for each 2 seats, plus 1 for each 2 employees
in the maximum work shift, or a minimum of 40, whichever is greater
| |
Retail stores, store groups, shops and shopping
centers
|
1 for each 150 square feet of floor area where
the floor area shall not exceed 2,000 square feet or 1 for each 175
square feet of floor area where the floor area shall exceed 2,000
square feet
| |
Senior citizen housing
|
3 per each 4 bedrooms
| |
Theaters
|
1 for every 3 seats
| |
Other uses not provided herein
|
To be determined by the approving authority
|
(2)Â
Parking spaces required by this chapter for any use
in any district other than the residential districts may be provided
on premises other than those upon which the use is located, provided
that such premises are within the distances prescribed on the following
schedule, and further provided that such premises are owned in fee
by the owner of the lot upon which the use is located, or that the
owner of the lot upon which such a use is located holds a permanent
lease or easement which grants to him the right of uninterrupted use
for parking purposes. All other parking uses are prohibited.
District
|
Walking Distance from Building Entrance
to Nearest Parking Space
| ||
---|---|---|---|
NC
|
200 feet
| ||
RC
|
400 feet
| ||
PCD
|
400 feet
| ||
I
|
300 feet
|
(3)Â
Reduction of required parking space. Required off-street
parking shall not be reduced or encroached upon except on approval
of the Planning Board or Board of Adjustment in either of the two
following circumstances:
(a)Â
Such space may be reduced by the amount to which
other off-street parking space such as publicly owned space or jointly
or cooperatively owned space satisfying the requirements of this chapter
is provided for the use that is involved.
(b)Â
Such space may be reduced by such amount as
may be justified by a reduction in the need for such space by reason
of a reduction in the size or change in the nature of the use to which
such space is appurtenant.
(4)Â
Paving. All off-street parking spaces and driveways
shall be paved with four-inch macadam base and a one-half-inch bituminous
macadam surface course or equal.
(5)Â
Screening. All parking and/or loading areas in nonresidential
districts shall be screened by a solid evergreen hedge, fence or wall
five feet to six feet in height in such a manner that said parking
and/or loading areas are not visible from any point six feet above
grade on an adjacent lot in any residential district. Such screening
shall be maintained in good condition and to proper height.
(6)Â
Driveway width. No driveway in an R-1 or R-2 District
shall be wider than 32% of the width of the lot on which it is located,
nor shall the total width of all driveways on a lot exceed 18 feet
or be less than 12 feet in width.
(7)Â
In the I and RC Districts, all parking shall be set
back at least 20 feet from any street line.
B.Â
Loading spaces.
(1)Â
No building shall be used, erected or expanded unless
off-street loading and unloading space shall be provided in such amount
and manner that all loading and unloading operations will be conducted
entirely within the boundaries of the lot concerned and no vehicle
shall in any manner use public streets, sidewalks or rights-of-way
for loading or unloading operations except for access to the lot.
For any use which requires delivery of goods by trailer truck or for
any building which is equipped with a loading platform, off-street
loading space shall be required in the amount of at least one space
for the first 3,000 square feet of floor area plus one space for each
additional 10,000 square feet of floor area or major fraction thereof.
Off-street loading space shall be provided in rear or interior side
yards only.
The height limitations of this chapter shall
not apply to church spires, belfries, cupolas, penthouses and domes
not used for human occupancy, nor to chimneys, ventilators, skylights,
water tanks, bulkheads, similar features and necessary mechanical
appurtenances usually carried above the roof level. Such features,
however, shall be erected only to such height as is necessary to accomplish
the purpose they are to serve.
On a corner lot in any residential district,
no fence, wall, hedge or other structure or planting more than 2 1/2
feet in height shall be erected, placed or maintained within the triangular
area formed by the intersecting street lines and a straight line joining
said street lines at points which are 30 feet distant from the point
of intersection, measured along said street lines. Where, due to topographic
or other conditions, visibility above 4 1/2 feet at the center lines
of the streets adjacent to the above-mentioned triangular area, plans
for development of such triangular area shall be subject to the approval
of the Board of Adjustment.
All multiple dwellings, business, industrial
uses and commercial establishments using garbage dumpsters as refuse
receptacles shall enclose said garbage dumpsters within a six-foot
fence designed in such a fashion as to obscure said garbage dumpsters
from public view. All such garbage dumpsters shall be covered by a
tight-fitting lid at all times. They shall not exceed two cubic yards
in capacity and shall be kept in a state of good repair at all times.
Where a district boundary line divides a lot
in single or joint ownership of record at the time such line is adopted,
the regulations for the less-restricted portion of such lot shall
extend not more than 20 feet into the more-restricted portion, provided
that the lot has frontage on a street in the less-restricted district.
A.Â
Living space area. No dwelling unit in a one- or two-family
dwelling shall have a living space area of less than 1,000 square
feet; for each bedroom over two in any dwelling unit, 150 square feet
shall be added to this requirement. Such livable principal floor areas
shall not include cellars, basements, porches, breezeways, garages
or other area in accessory buildings. For the purpose of this chapter,
the finished livable principal floor areas are the floor areas on
which there are located finished dining rooms, kitchens, the principal
living room in the dwelling unit, bedrooms and bathrooms. Finished
livable principal floor areas, in order to qualify as such, as the
areas of such floors within a dwelling which are finished and in which
their related elements, such as walls and ceilings, are finished and
which are within said rooms in which the electrical wiring has been
finished and the permanent heating system has been installed therein
by means of radiators, convectors, basement elements, ducts and grills
or any other permanent heating fixtures. For the purpose of determining
the square footage of such finished principal floor areas, the areas
of finished halls connecting such rooms and closets within said rooms,
if finished, may be included.
B.Â
One dwelling per lot. There shall be no more than
one one-family or two-family dwelling per lot, and no other principal
use shall be permitted on the same lot as a one-family or two-family
dwelling.
A.Â
Accessory buildings in residential districts.
(1)Â
Private detached garages for not more than two vehicles:
(2)Â
Garden house, tool house and private storage sheds:
(a)Â
Shall be located in the rear yard areas only
and shall meet the setback requirement for accessory buildings as
specified for each particular zoning district.
(3)Â
Private swimming pools.[1]
(a)Â
No private residential swimming pool shall be
constructed or installed on any lot unless the lot contains a residential
building. Pools shall be located in the rear yard or side yard areas
only and shall be set back at least five feet from any inside property
line and 10 feet from any street line.
(b)Â
A swimming pool shall occupy no more than 75%
of the side or rear yard area in which it is located.
(c)Â
A private residential swimming pool area must
be surrounded by a suitable fence or wall with a self-latching gate
at least four feet by no more than six feet in height, and said fence
shall not require the minimum setback from any lot line, except the
fence shall be set back 10 feet from any lot along a street.
(5)Â
No accessory building shall be located in the front
yard. No accessory building shall be located nearer than five feet
to a rear or side lot line. In the case of a corner lot, no accessory
building shall be located closer than 10 feet to the street side line.
Accessory buildings shall be separated from the principal building
by a distance of at least 10 feet.
(6)Â
No accessory building shall exceed a height of 15
feet.
(7)Â
One commercial vehicle not exceeding 3/4 ton in rated
capacity may be stored in an accessory residential garage.
B.Â
Accessory buildings in all districts other than residential
shall conform to the setback and height requirements for principal
buildings.
A.Â
Use of nonconforming lots. Any lot, as defined herein,
which exists at the same time of adoption of this chapter that fails
to comply with the minimum area prohibited in the district in which
it lies, provided that said lot is not contiguous to and in common
ownership with one or more lots in single ownership as defined in
this chapter, and provided further that the side and rear setbacks
are held to the same percentage as required in said district, shall
be a nonconforming lot.
B.Â
Continuation of nonconforming uses. Any use lawfully
in existence prior to the adoption of this chapter and which has since
been in continuous use but which has been made nonconforming by the
adoption of this chapter or any prior zoning ordinance of this Borough
(provided that said use commenced prior to the enactment of the chapter
which made it nonconforming) may be continued indefinitely; except
that such use may not be enlarged, extended or reconstructed, abandoned
and reinstituted or changed to another nonconforming use.
C.Â
Alteration, restoration or abandonment of nonconforming
uses.
(1)Â
No building which contains a nonconforming use shall
be structurally altered or enlarged or moved to another location where
such use would continue to be nonconforming or restored for other
than a conforming use after damage from any cause which exceeds 50%
of its replacement cost, exclusive of foundation; provided, however,
that any residential unit may be rebuilt or reconstructed utilizing
the same foundation size and provide for no more than the number of
units which existed in the building prior to the casualty or damage.
(2)Â
Failure to restore for a period of one year after
damage, or failure of the premises to be utilized for the existing
nonconforming use for a period of one year, shall create a rebuttable
presumption that such use has been abandoned for the purposes of this
chapter, after which such nonconforming use shall not be reinstituted
unless such presumption is rebutted.
[Amended 5-21-2013 by Ord. No. 2013-06]
D.Â
Nonconforming structures. Any structure which at the
time of its erection was in conformity with the zoning ordinances
of this Borough, and which subsequent passage of or amendment to such
zoning ordinances, shall be permitted to remain. Any alteration or
addition to such structure shall be permitted, provided that:
(1)Â
This existing use of the premises is in full conformity
with this chapter;
(2)Â
The proposed alteration or addition shall not in any
manner affect the use of the premises; and
(3)Â
The proposed alteration or addition shall not in any
manner increase the extent of the nonconformity already in existence.
[Added 2-20-2001 by Ord. No. 2001-3]
In all districts, all security gates must be
internal and not occlude division of fire, police and/or government
officials to inspect, and shall provide a minimum of 75% visibility
through the gate. In addition, all electrically operated security
gates shall be designed and maintained to be capable of opening by
manual means in the event of loss of power or other emergency. All
properties within the Borough of East Rutherford having a security
gate in accordance herewith shall comply with the provisions of the
New Jersey Uniform Fire Safety Act.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et
seq.