East Rutherford City Zoning Code
ARTICLE VII
Supplementary Regulations
§ 389-34 Applicability.
The provisions of this chapter shall be subject to such exemptions, addition or modifications as are herein provided by the following supplementary regulations.
§ 389-35 Fences, walls and hedges.
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.
§ 389-36 Projections into yards.
A.
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.
Porches. Any roofed-over porch shall be considered a part of the building in determination of the size of yard or lot coverage.
C.
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.
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.
Fire escapes. Open fire escapes may extend into any required yard not more than four feet six inches.
F.
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.
§ 389-37 Signs.
[Amended 9-15-1998 by Ord. No. 98-15; 2-17-2026 by Ord. No. 2026-05]
A.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
AWNING OR CANOPY
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.
BANNER
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.
FLAGS
Any fabric or material containing distinctive colors patterns or symbols used as a symbol.
MARQUEE
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.
PENNANT
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.
SIGN
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.
SIGN, ANIMATED OR MOVING
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.
SIGN AREA
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.
SIGN, AWNING OR CANOPY
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.
SIGN, BILLBOARD
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.
SIGN, BUSINESS
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.
SIGN, DIRECTIONAL
A sign, generally informational, limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance" or "exit."
SIGN, DIRECTORY
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.
SIGN, FREESTANDING
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.
SIGN, IDENTIFICATION
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.
SIGN, MARQUEE
Any sign attached to, in any manner, or made part of a marquee by direct lettering or attachment of lettering to the surface.
SIGN, NAMEPLATE
A sign, located on the premises, giving the name or address, or both, of the owner or occupant of a building or premises.
SIGN, PORTABLE
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.
SIGN, PROJECTING
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.
SIGN, ROOF
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.
SIGN, TEMPORARY
Any sign that is used only temporarily and is not permanently mounted.
SIGN, WALL
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.
SIGN, WINDOW
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.
Permits.
(1)
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)
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.
Exceptions from permits.
(1)
Subject to the size limitations hereinafter provided, permits shall not be required for signs of the following nature:
(a)
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)
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.
Prohibited signs.
(1)
Prohibited signs are signs which:
(a)
Contain statements, words or pictures of an obscene, indecent or immoral character, such as will offend public morals or decency.
(b)
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)
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)
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)
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)
Use of the surface of sidewalks, roads and driveways, except municipal traffic control signs.
(g)
Are defined as billboards, projecting signs, portable signs and roof signs in Subsection A above.
(h)
Are not attached directly to the premises to which the sign's message refers.
(i)
Contain more than two display faces.
E.
General sign provisions.
(1)
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)
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)
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)
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)
For signs with two display faces, the maximum sign area requirements shall be permitted on each face.
F.
Signs in residential districts. The following shall be permitted:
(1)
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.
(2)
Signs as permitted in § 389-37C above, as applicable.
(3)
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)
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)
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)
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.
Signs in the Mixed-Use Development District.
(1)
Signs as permitted in § 389-37C, as applicable, shall be permitted.
(2)
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)
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)
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)
Awning or canopy signs are permitted. The outer area of lettering or logos that are proposed on an awning or canopy sign shall be calculated as part of the total permitted sign area for signs in all districts but residential.
(6)
Marquee signs are only permitted in conjunction with legitimate theaters, including movie theaters.
(7)
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)
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)
Any pole-mounted freestanding sign is prohibited. Freestanding signs shall not exceed a height of six feet. Monument-style freestanding signs are permitted, provided that the total area of each side of the sign shall not exceed 12 square feet and shall be placed outside any sight triangle. The sign area shall not be counted toward the total sign area applicable to wall signs, window signs, and awning signs.
(10)
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.
H.
Signs in the Regional Commercial and Light Industrial Districts.
(1)
The following types of signs shall be permitted in the Regional Commercial and Industrial Districts:
(a)
Signs permitted in § 389-37C above, as applicable.
(b)
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)
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)
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)
Marquee signs are only permitted in conjunction with legitimate theaters, including movie theaters.
(f)
No sign shall be lighted by means of flashing or intermittent illumination.
(g)
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)
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]
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]
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]
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]
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]
A nonilluminated credit card sign not exceeding two square feet in area and placed on or near the gasoline pump.
I.
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)
An accurate plot plan of the lot, at such scale as the Official may reasonably require;
(2)
Location of buildings, parking lots, driveways and landscaped areas on such lot;
(3)
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)
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.
§ 389-38 Off-street parking and loading.
[Amended 2-17-2026 by Ord. No. 2026-05]
A.
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)
Off-street parking requirements.
Table 1 Off-Street Parking Requirements. | |
|---|---|
Use | Minimum Number of Required Parking Spaces |
Automobile service stations | 4 for each bay, plus 1 for each employee in the maximum working shift |
Bank and savings institutions | 1 for each 300 square feet of floor area, or 8 for each teller window, whichever is greater |
Bar/tavern | 1 for every 3 seats of occupant load plus 1 for every 2 employees, or 1 per 50 square feet of serving area, 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 |
Commercial fitness, health club and indoor recreation | 1 for every 250 square feet of floor area |
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 | 1 for every 400 square feet of floor area |
Laboratory and research 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 |
Multifamily residential dwellings | In conformance with the Garden Apartment parking ratios of the RSIS |
Offices, business and professional (other than medical and dental) | 1 for every 200 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 | In conformance with the RSIS |
Restaurants, eating and drinking establishments and catering halls | 1 for every 3 seats of occupant load 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 |
Self-service storage facilities | 1 for each 17,000 square feet of floor space |
Assisted living for seniors; Age-restricted housing | In conformance with the RSIS, Assisted Living standard; RSIS, Retirement Community standard |
Theaters | 1 for every 3 seats |
Other uses not provided herein | To be determined by the approving authority |
(2)
Parking spaces required by this chapter for any use in any non-residential or mixed-use 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 |
|---|---|
MUD | 200 feet |
RC | 400 feet |
PCD | 400 feet |
I | 300 feet |
(3)
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)
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)
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)
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)
Screening. All parking and/or loading areas in nonresidential and mixed-use 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)
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)
In the I and RC Districts, all parking shall be set back at least 20 feet from any street line.
(8)
Additional requirements as set forth in Chapter 327, Land Subdivision and Site Plan Review, shall be complied with.
B.
Loading spaces.
(1)
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.
(2)
Off-street loading requirements as required in § 327-51 of Chapter 327, Land Subdivision and Site Plan Review, shall be complied with.
§ 389-39 Exceptions to height limitations. [1]
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.
[1]
Editor's Note: See also § 389-28.
§ 389-40 Visibility at intersections. [1]
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.
[1]
Editor's Note: See also § 389-31.
§ 389-41 Refuse areas; garbage dumpsters.
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.
§ 389-42 Lots in more than one district. [1]
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.
[1]
Editor's Note: See also § 389-9.
§ 389-43 Special regulations for one- and two-family dwellings.
A.
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.
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.
§ 389-44 Accessory buildings and structures.
[Amended 2-17-2026 by Ord. No. 2026-05]
A.
Accessory buildings in residential districts.
(1)
Private detached garages for not more than two vehicles:
(a)
Shall be located in the required rear yard.
(b)
Shall not exceed 25% coverage of the required rear yard.
(c)
Shall not be more than 15 feet in height, as defined by this chapter.
(d)
Shall not be closer than five feet to any side or rear yard property line.
(2)
Garden house, tool house and private storage sheds:
(a)
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.
(b)
All uses listed above in Subsection A(2) shall not exceed the maximum lot coverage for accessory buildings as specified for each particular zoning district.
(c)
All structures listed above in Subsection A(2) shall be firmly anchored to the ground to ensure stability.
(3)
Private swimming pools.[1]
(a)
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)
A swimming pool shall occupy no more than 75% of the side or rear yard area in which it is located.
(c)
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 setback 10 feet from any lot along a street.
[1]
Editor's Note: See also Ch. 370, Swimming Pools.
(4)
Fences, walls and hedges shall be subject to § 389-35.
(5)
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)
No accessory building shall exceed a height of 15 feet.
(7)
One commercial vehicle not exceeding 3/4 ton in rated capacity may be stored in an accessory residential garage.
(8)
Detached accessory dwellings in R-2 and R-3 Residential Zones.
(a)
The property owner shall reside in either the principal dwelling or the detached accessory dwelling on the lot.
(b)
The detached accessory dwelling shall be limited to studio/efficiency or one-bedroom unit types.
(c)
Detached accessory dwellings shall be subject to the provisions in § 389-30 of this chapter.
B.
Accessory buildings in all districts other than residential shall conform to the setback and height requirements for principal buildings.
§ 389-45 Nonconforming uses, lots and structures.
A.
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.
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.
Alteration, restoration or abandonment of nonconforming uses.
(1)
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)
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.
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)
This existing use of the premises is in full conformity with this chapter;
(2)
The proposed alteration or addition shall not in any manner affect the use of the premises; and
(3)
The proposed alteration or addition shall not in any manner increase the extent of the nonconformity already in existence.
§ 389-45.1 Security gates.
[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.
