Rutherford City Zoning Code
ARTICLE V
Special Regulations
§ 131-14 Off-street parking, loading and driveways.
A.
Landscaping.
(1)
Except for detached dwelling units and as specified for corner lots, opaque fencing or screen planting of a dense evergreen material not less than four feet in height shall be provided between off-street parking areas and any lot line or street line, except where a building intervenes or where the distance between such areas and the lot line or street line is greater than 150 feet.
(2)
All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street, adjacent residential districts or uses and the front yards of adjacent commercial and industrial uses. Such screening shall be by a fence, wall, planting or combination of the three and shall not be less than four feet in height.
(3)
Each off-street parking area shall have a minimum area equivalent to one parking space of landscaping per every 30 parking spaces with 1/2 of said spaces having shrubs no higher than three feet and the other 1/2 having trees with branches no lower than seven feet. Such spaces shall be distributed throughout the parking area in order to break the view of long rows of parked cars in a manner not impairing visibility. However, any parking area located on the ground-floor level of a building or in a parking structure shall be exempt from such landscaping requirements.
B.
Lighting.
(1)
Lighting used to illuminate off-street parking areas shall be so arranged and shielded as to reflect the light away from adjoining residential premises and streets and shall be in accordance with § 131-13 above. All parking facilities providing five or more parking spaces shall be lighted.
(2)
All off-street parking areas shall be adequately illuminated from dusk to dawn.
C.
Surfacing and curbing.
(1)
All parking and loading areas and access drives shall be paved as outlined below or the equivalent, as determined by the Borough Engineer, and approved as part of the site plan approval. All parking areas, regardless of size and location, shall be suitably drained and maintained. Areas of ingress or egress, loading and unloading areas, major interior driveways or access aisles and other areas likely to experience similar heavy traffic shall be paved with not less than four inches of compacted base course of plant-mixed bituminous, stabilized base course, constructed in layers more than two inches compacted thickness and prepared and constructed in accordance with New Jersey State Highway Department Standard Specifications for Roads and Bridge Construction and amendments thereto. A minimum two-inch-thick compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with the aforesaid New Jersey State Highway Department Specifications and amendments thereto. Parking stall areas and other areas likely to experience similar light traffic shall be paved with not less than three inches of compacted base course of plant-mixed bituminous, stabilized base course, prepared and constructed in accordance with the aforesaid New Jersey State Highway Department Specifications and amendments thereto. Where subbase conditions of proposed parking and loading areas are wet, springy or of such a nature that surfacing would be inadvisable without first treating the subbase, the treatment of the subbases shall be made in the following manner: The area shall be excavated to a depth of six to 12 inches below the proposed finished grade and filled with suitable subbase materials, as determined by the Borough Engineer. Where required by the Borough Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the parking area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material, as described heretofore, shall be spread thereon.
(2)
Any buffer, fence, hedge or wall required by this chapter shall be protected by concrete curb or bumper guard or the equivalent. Such curb or bumper guard shall be parallel to the buffer, fence, hedge or wall; shall be at least five inches in height above the adjacent paved surface; and shall be at least two feet from the buffer, fence, hedge or wall. Utility poles, railroad ties or tree trunks shall not be used as required curbing.
D.
Access. Access points from any one lot crossing the street line shall be limited to a maximum of two along the frontage of any single street. The center lines of any separate access points shall be spaced at least 65 feet apart, shall handle no more than two lanes of traffic, shall be at least 20 feet from any property line and shall be set back from the street line of any intersecting street at least 50 feet or 1/2 the lot frontage, whichever is greater, except that in no case need the setback distance exceed 200 feet. Curb cuts and driveways in excess of 20 feet at the street line shall be prohibited, except that for nonresidential uses, curb cuts and driveways of not more than 30 feet are permitted, giving due consideration to the proposed width, curbing, direction of traffic, flow, radii of curves and method of dividing traffic lanes. Curbing shall be depressed at the driveway, or the curbing may be rounded at the corners and the driveway connected with the street in the same manner as another street. Unrestricted access along the length of the street or streets which the parking area abuts shall not be permitted.
E.
Location of parking and loading areas.
(1)
Required off-street parking and loading areas shall be located on the same lot or premises as the use served, regardless of the number of spaces required by this chapter, except as provided in Article VI, § 131-33.
(2)
No parking of vehicles shall be permitted in any required front yard; provided, however, that this restriction shall not apply to the parking or standing of automobiles or motorcycles on driveways for a single-family or two-family dwelling.
(3)
The use of a driveway for the parking of automobiles and motorcycles for a single-family or two-family dwelling shall be subject to the following limitations:
(a)
If there is no garage and there is sufficient room, said driveway shall run from the street line to at least the rear line of the main structure and have a maximum width of 12 feet in any portion of the front yard or extension of the side yard into the front yard.
(b)
If there is a garage and there is sufficient room, said driveway shall run from the street line to the front of the garage opening and shall have maximum width of 12 feet in any portion of the front yard or extension of the side yard into the front yard.
(c)
If there is an existing nonconforming front yard garage, said driveway shall run from the street line to the front of the garage opening and shall have a maximum width equal to the width of the garage opening or 12 feet, whichever is greater.
(d)
Driveways in all residential zoning districts shall have a minimum width of eight feet.
(e)
Landlords shall be required to provide off-street parking for tenants in conformity with the applicable requirements of this chapter.
(4)
Loading spaces may occupy all or part of the required side or rear yard.
F.
Type of facility. Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory building setbacks, as applicable. The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles. Aisles providing access to parking spaces shall have the following minimum dimensions. Where the angle of parking is different on both sides of the aisle, the larger aisle shall prevail.
[Amended 6-28-2011 by Ord. No. 3230-11]
Angle of Parking Space (degrees) | One-Way Aisle (feet) | Two-Way Aisle (feet) | |
|---|---|---|---|
90 | 25 | 24 | |
60 | 18 | -- | |
45 | 15 | -- | |
30 | 12 | -- | |
Parallel | 12 | 24 |
G.
Dimensions.
(1)
Each parking space shall be not less than nine feet in width and 18 feet in length, exclusive of access driveways and aisles.
[Amended 6-28-2011 by Ord. No. 3230-11]
(2)
Each loading space shall be not less than 10 feet in width, 25 feet in length and 14 feet in height.
H.
Computation of spaces.
(1)
The required number of parking and loading spaces shall be as specified in the individual zone district regulations, Article IV, § 131-7A, Table of General Use Regulations.
(2)
When the required number of spaces results in a fraction, the fraction shall require one parking space.
(3)
For uses not included in Article IV, § 131-7A, Table of General Use Regulations, the required number of parking spaces shall be the number of spaces required for the use which most nearly approximates the proposed use.
(4)
When more than one permitted use is located on a lot or premises, the required number of parking spaces becomes the sum of the component parking requirements for each use.
I.
General requirements.
(1)
No building or use shall be permitted, altered or expanded unless sufficient parking is provided on the same lot or premises upon which the use or building is located, except as provided in Article VI, § 131-33.
(2)
All off-street parking areas shall have adequate designations to clearly indicate the traffic flow and parking arrangement.
(3)
No building or use shall be permitted, altered, expanded or changed unless sufficient loading space is provided on the same lot or premises upon which the use is located.
(4)
All loading and unloading operations shall be conducted entirely within the boundaries of the lot of the use for which such loading space is required. No vehicle or conveyance shall, in any manner, use public streets, sidewalks or rights-of-way for loading or unloading operations, other than for ingress and egress to the lot.
(5)
All required parking spaces for residential purposes, excepting detached single-family dwellings, shall be designed to provide for direct and unobstructed ingress and egress to said parking spaces without requiring the moving or relocation of motor vehicles occupying parking spaces designated for an adjoining residential unit or units.
§ 131-15 Performance standards (all uses).
An application for a building permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a building permit may be issued with the condition that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. A new application and a new certificate of occupancy shall be required in the event of a change of any user of any structure.
A.
Electricity. Electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line or beyond the operator's dwelling unit, in the case of multifamily dwellings, as the result of the operation of such equipment.
B.
Glare. There shall be no direct or reflected glare exceeding 0.5 footcandle measured at the property line of the lot occupied by such use. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining districts or streets. This regulation shall not apply to lights used at the entrances and exits of service drives leading to a parking lot.
C.
Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which would cause the temperature to rise or fall in any body of water.
D.
Noise.
(1)
Noise level shall be measured with a sound level meter and an octave band filter that conforms to specifications of the American Standards Association as follows: Sound Level Meter Code No. Sl. 4 1961; Octave Band Filter Set Code No. 224, 10-1953. The sound-pressure level resulting from any activity shall not exceed, at any point beyond the lot line, the maximum permitted decibel level for the designated octave band as set forth in the following table:
Maximum Permitted Sound Pressure Level (decibels) | ||
|---|---|---|
Octave Band (cycles per second) | Sound Pressure Level (decibels) | |
0 to 75 | 69 | |
75 to 150 | 54 | |
150 to 300 | 47 | |
300 to 600 | 41 | |
600 to 1,200 | 38 | |
1,200 to 2,400 | 38 | |
2,400 to 4,800 | 38 | |
Above 4,800 | 38 | |
(2)
In addition, one or more of the following corrections shall be subtracted from each of the sound pressure given above, as may be appropriate.
Type of Operation or Character of Noise | Correction (decibels) | |
|---|---|---|
Noise of impulsive character (hammering, etc.) | 5 | |
Noise of periodic character (hum, screech, etc.) | 5 |
E.
Odor. There shall be no emission of any odors which will disseminate beyond the boundaries of the lot occupied by such.
F.
Storage and waste disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream, watercourse or underground aquifer or otherwise render such stream, watercourse or underground aquifer undesirable as a source of water supply or recreation or which will destroy aquatic life be allowed to enter any stream, watercourse or underground aquifer. No industrial operation shall discharge industrial waste of any kind into any reservoir, pond or lake. The discharge of untreated industrial waste into a stream is prohibited. All methods of sewage and industrial waste treatment shall be approved by the Borough Health Department and the New Jersey Department of Environmental Protection (DEP). Effluents from a treatment plant shall at all times comply with effluent standards as established by the DEP. All materials or wastes which might cause fumes or dust or which constitute a fire or explosion hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards. All raw materials, fuels and finished products shall be stored within an entirely closed building. The storage of flammable or volatile liquids or gasses in aboveground or underground tanks or cylinders having an individual capacity greater than 25 pounds or 10 gallons is prohibited, except that the storage of gasoline or diesel fuel for motor vehicles shall be permitted in underground tanks, regardless of capacity. The storage of crude oil in aboveground tanks having an individual capacity greater than 500 gallons is prohibited.
G.
Vibration. No use shall cause earth vibrations or concussions in excess of the standards outlined below, with the exception of that vibration produced as a result of construction or demolition activity. The standards below are as set forth in the Table of Frequency Amplitude Relations. Vibrations shall be expressed as displacement in inches and shall be measured with a standard, three-component-measuring system, which is a device for the intensity of any vibration in three mutually perpendicular directions.
Frequency of Ground Motion in Cycles Per Second | Maximum Amplitude of Ground Motion in Inches Not More Than | |
|---|---|---|
Up to 10 | .0305 | |
10+ to 20 | .0153 | |
20+ to 30 | .0102 | |
30+ to 40 | .0076 | |
40+ to 50 | .0061 | |
50+ to 60 | .0051 |
H.
Smoke. No use shall be permitted to emit visible smoke of a shade equal to or darker than No. 2 on the standard Ringelmann Chart.
I.
Radioactivity. No use shall be permitted to emit dangerous radioactivity at any point.
J.
Air contaminants. No use shall be permitted to emit material which is suspended in or discharged into the atmosphere as dust, fumes, mist, fog, vapor, gas, particulate matter or other pollutants.
K.
Garbage storage. The area used for the storage of garbage on commercial properties abutting a residential use shall be adequately buffered from said residential use by means of opaque fencing or a screen planting of a dense evergreen material not less than four feet in height.
§ 131-16 Permitted modifications.
A.
Height modifications. With the exception of residential uses as permitted by this chapter, penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building, skylights, spires, cupolas, flagpoles, chimneys or similar structures may be erected above the height limits prescribed by this chapter, but in no case more than 25% more than the maximum height permitted for the use in the district.
B.
Average front yard setback modifications. In such cases in residential zones where the existing dwellings on the same side of the street within 200 feet of either side line of the subject property form an existing setback line, the required front yard setback for a new dwelling or an addition to an existing dwelling shall be modified to the average setback of existing development within 200 feet on either side of the lot along the street line on the same side of the same street or the required setbacks, whichever is greater, but in no case need the setback exceed 35 feet.
[Amended 2-16-1999 by Ord. No. 2884-99]
C.
Undersized lots.
(1)
Any parcel of land with an area or depth or width less than that prescribed for a lot in a zone in which such lot is located, excepting lots located in the U-R1A or R-1A Zones, which parcel was under one ownership at the date of the adoption of this chapter, and the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the zone, provided that the minimum area of such lot shall not be less than 75% of the area required for the zone in which it is located. The rights acquired herein for the use of such lot as a building parcel shall terminate should the substandard lot merge in fee with any adjoining land or property.
(2)
Any parcel of land with an area or depth or width less than that prescribed for a lot in the U-R1A or R-1A Zones, which parcel was under one ownership at the date of the adoption of this chapter, and the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the zone, provided that the minimum area of such lot shall not be less than 65% of the area required for the zone in which it is located. The rights acquired herein for the use of such lot as a building parcel shall terminate should the substandard lot merge in fee with any adjoining land or property.
D.
Existing side yard violations. No variance application is required for a construction permit which otherwise would be permitted under the Code where the property contains an existing nonconforming side yard, provided that the requested permit will not extend nor enlarge the side yard violation.
§ 131-17 Private storage sheds.
A.
No private residential storage shed shall be constructed or installed on any lot unless the lot contains a residence building. Storage sheds shall be located in rear yard areas only and shall meet the setback distances for accessory buildings as specified for each particular zoning district, except that in no case may a storage shed be closer than three feet to any lot line.
B.
Storage sheds shall not exceed the maximum lot coverage for accessory buildings as specified for each particular zoning district.
C.
Storage sheds shall be firmly anchored to the ground to ensure stability.
§ 131-18 (Reserved) [1]
[1]
Editor’s Note: Former § 131-18, Signs, as amended, was repealed 2-27-2018 by Ord. No. 3449-18.
§ 131-19 (Reserved) [1]
[1]
Editor’s Note: Former § 131-19, Awnings and awning signs, as amended, was repealed 2-27-2018 by Ord. No. 3449-18.
§ 131-20 Swimming pools.
[Amended 3-14-2016 by Ord. No. 3391-16]
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-closing and self-latching gate at least four feet but no more than six feet in height, and said fence shall not require minimum setback from any lot line. The self-latching lock access shall be located a minimum of four feet above ground level and shall meet the requirements of the New Jersey Construction Code.
§ 131-21 Vehicles in residential districts. [1]
[Amended 8-10-1999 by Ord. No. 2907-99]
A.
In any residential district, the parking or standing of the following vehicles or boats in any yard area, driveway or street, except as provided for in this chapter, is prohibited:
(1)
Unregistered motor vehicles and parts of motor vehicles of any type.
(2)
Buses, taxis or other vehicles built for the commercial transportation of passengers.
(3)
Buses or vehicles altered for camper, recreational, mobile shop, peddler or other similar use.
(4)
Trailers or mobile homes of a type used for dwelling purposes.
(5)
Camping trailers, mobile homes or recreational vehicles in excess of 18 feet in length.
(6)
Boats of any type or design in excess of 18 feet in length.
(7)
Trucks, tractors or other vehicles designed and used primarily for drawing other vehicles or trailers and not so constructed as to carry a load other than a part of the weight of the vehicle so drawn.
(8)
Trucks, meaning every motor vehicle designed, used or maintained primarily for the transportation of property, being capable of having a combined weight of vehicle and load of more than 3,500 pounds, except as permitted pursuant to § 131-33.1 of this chapter; provided, however, that this restriction shall not apply to trucks being used in the rendering of a service to the premises. For the purposes of this subsection, the weight of the truck shall be determined by the gross weight provided on the registration certificate of the same.
(9)
Trucks or trailer attachments having dual rear wheels.
(10)
Commercial vehicles as defined in Article II, § 131-2, except as permitted pursuant to § 131-33.1 of this chapter.
B.
These restrictions shall not apply to trucks being used in the rendering of service to the lot or premises.
C.
Camping trailers, mobile homes or recreational vehicles in excess of 18 feet in length may be parked in a driveway or street of a residential district for 48 consecutive hours when said vehicle is being loaded or unloaded in anticipation of or following active use. Said vehicle shall be parked in the driveway or on that portion of the street immediately contiguous to the property of the vehicle's owner or operator.
[1]
Editor's Note: See also Ch. 125, Vehicles, Abandoned or Junked.
§ 131-22 Yard encroachments.
[Amended 5-18-1999 by Ord. No. 2892-99; 3-14-2016 by Ord. No. 3391-16]
The space in any required yard shall be open and unobstructed except as specified below:
A.
Ordinary projections of window sills, cornices, canopies, eaves and other architectural features shall be permitted to a distance of not more than one foot.
B.
Projection of a cornice over 20 feet above finished grade shall be permitted to a distance of three feet.
C.
An arbor up to eight feet in height, flagpole, unroofed steps or unroofed terrace shall be permitted to encroach without limitation.
D.
A trellis attached flat against a chimney or building shall be permitted to be located in a side or rear yard, provided that said trellis shall not exceed five feet in width and a maximum height equal to the height of the roofline of the building or 20 feet, whichever is lesser.
E.
A freestanding trellis shall be permitted to be located in a required side or rear yard; provided, however, that said trellis shall conform to the height restrictions of side or rear yard fences as provided in § 131-11 above.
F.
Swimming pools and clothes-drying equipment are restricted to rear yard areas.
G.
Necessary retaining walls, steps or fences, as permitted or required by this chapter, shall be permitted to encroach without limitation.
H.
Chimneys or flues may be erected in rear yard areas, provided that they do not exceed five square feet in area and do not obstruct free ventilation.
I.
In any commercial zone district, two buildings on one lot may be connected by an open or enclosed passageway, provided that said passageway shall not exceed 10 feet in width and 12 feet in height.
§ 131-23 Utilities.
A.
In any residential or business zone district, the installation of electric, gas and/or water meters on the front facade or in the front yard of any building is prohibited.
B.
All electric, telephone and television cable lines shall be installed underground in any multifamily, garden apartment and townhouse development. This subsection shall only apply to new construction taking place following the effective date of this chapter, of which this subsection is a part.
C.
In all zoning districts, no heating, ventilating or air-conditioning equipment shall be located in a front yard.
D.
In all zoning districts, heating, ventilating and air-conditioning equipment located in a side yard shall be situated a minimum of 15 feet from the front facade of any building.
E.
In all zoning districts, all rooftop mechanical equipment shall be located in the center of the roof measured from the roof perimeter.
§ 131-24 Satellite antennas.
All satellite antennas having a diameter in excess of one meter in residential districts or two meters in nonresidential districts shall be regulated in compliance with the following regulations:
A.
The service area of a satellite antenna reflective dish shall not exceed 10 feet in diameter.
B.
The satellite antenna shall be anchored in a solid concrete foundation if ground-mounted and on a secure foundation if roof-mounted so that in all cases the front face of the dish shall be capable of withstanding a static wind load of not less than 75 miles per hour. Design calculations shall be furnished by the applicant to indicate compliance with this subsection.
C.
All ground-mounted installations must have an underground electrical conduit for power and signal wiring. Roof-mounted installations shall provide electrical conduit for all exterior wiring. All exterior wiring shall conform to the weatherproof standard as defined in the National Electric Code.
D.
All ground-mounted installations shall be located in the rear yard and shall comply with the yard and setback requirements for the principal structure on the lot.
E.
The satellite antenna shall be no larger than the minimum size necessary to provide reliable operation in light of the particular location and circumstances. It shall be the burden of the applicant to show, by expert opinion, that the size of the proposed antenna is in compliance with this section.
F.
The satellite antenna shall extend no higher than the minimum height necessary to provide reliable operation in light of the particular location and circumstance. It shall be the burden of the applicant to show, by expert opinion, that the height of the proposed antenna is in compliance with this section.
G.
The ground-mounted satellite antenna shall be located and screened to minimize motor noise and visibility from the street and adjacent properties. The ability of the applicant to install the satellite antenna in an unobtrusive location and to minimize the noise impact on adjacent properties shall be a major factor in determining whether or not a site plan shall be approved.
H.
No lot shall contain more than one satellite antenna as heretofore regulated.
I.
Every satellite antenna shall be maintained in a safe, presentable and good constructional material condition at all times, including the repair or replacement of defective parts and all other acts required for the maintenance of said antenna. The Construction Code Official shall require compliance with all construction standards of this chapter. If the satellite dish is not made to comply with the adequate safety and maintenance standards, the Construction Code Official shall require its removal in accordance with this section.
J.
Any satellite antenna which is located on property which becomes vacant and unoccupied for a period of 180 days or more shall be deemed to have been abandoned. Abandoned satellite antennas shall be removed by the owner of the premises.
K.
No persons shall maintain or permit to be maintained on any premises owned or controlled by him any satellite antenna which is in a dangerous or defective condition. Any such satellite antenna shall be removed or repaired by the owner of the premises or owner of the satellite antenna. Upon failure of the owner to remove or repair a dangerous or defective satellite antenna, the Construction Code Official shall proceed as described herein.
L.
The Construction Code Official shall cause to be removed any satellite antenna that endangers the public safety such as an abandoned, dangerous or materially, electrically or structurally defective satellite antenna or a satellite antenna for which no permit has been issued. A Construction Code Official shall prepare a notice which shall describe the satellite antenna and specify the violation involved and which shall state that if the satellite antenna is not removed or the violation is not corrected within 10 days, the satellite antenna shall be removed. All notices shall be sent by certified mail. Any time periods provided in this chapter shall be deemed to commence on the date of the receipt of the certified mail. The notice shall be mailed to the owner of the property on which the satellite antenna is located, the owner of the satellite antenna and the occupant of the property. If any of such persons is unknown or cannot be found, notice shall be mailed to such person's last known address, if any, and posted at the premises.
M.
Any person having an interest in the satellite antenna or the property may appeal the determination of the Construction Code Official ordering removal or compliance by filing a written notice of appeal with the Construction Board of Appeals within 10 days after receipt of the notice. Notwithstanding the above, in cases of eminent danger to the public safety or other emergency, the Construction Code Official may cause the immediate removal of a dangerous or a defective satellite antenna without notice.
N.
Any satellite antenna removed by the Construction Code Official pursuant to the provisions of this subsection shall become the property of the borough and may be disposed of in any manner deemed appropriate by the borough. The cost of removal of the satellite antenna shall be considered a debt owed to the borough by the owner of the satellite antenna and the owner of the property and may be recovered in an appropriate court action by the borough. The cost of removal shall include any and all incidental expenses incurred by the borough in connection with the removal. If it shall be necessary for the Construction Code Official to remove a satellite antenna pursuant to the provision of this chapter and it should be practicable to sell or salvage any material derived from the aforementioned removal, he may sell the same at public sale in conformance with applicable statutory regulations. Such proceeds, if any, shall be used to offset the costs of removal to be charged to the satellite antenna owner or property owner. The borough may file a suit in court to collect any excess over such costs, and the cost of the removal shall be levied as an assessment against the property on which the satellite antenna is located.
O.
Site plan approval by the Planning Board will be required for the installation of a satellite antenna in all zoned districts. Each application shall include an antenna plan showing the specific design, location, size and construction of the proposed antenna which shall comply in all respects with the standards enumerated herein.
P.
The procedure for application to the Planning Board on site plan approval shall be identical to the procedure established for approval of a major site plan in accordance with Chapter 50, Land Subdivision and Site Plan Regulations, of this Code and the Municipal Land Use Act (N.J.S.A. 40:55D-1 et seq.).
Q.
An application fee of $200 shall be submitted when filing the satellite antenna site plan application.
§ 131-25 Residential garages.
For any one- or two-family residence, an attached or detached garage may be permitted pursuant to the following regulations:
A.
No garage opening or entrance for vehicles shall be located on the front facade of the residence unless the garage complies with Subsections C, D and E of this section.
[Amended 12-13-2021 by Ord. No. 3589-21]
B.
Vehicular access to attached garages shall be from the side or rear yard only unless the garage complies with Subsections A, C, D and E of this section.
[Amended 12-13-2021 by Ord. No. 3589-21]
C.
The minimum setback of any garage shall be 20 feet from the front setback line of any one- or two-family residential structure as required in the zone in which the property is located.
[Amended 7-22-2003 by Ord. No. 3024-03; 12-13-2021 by Ord. No. 3589-21]
D.
The minimum driveway length from the front property line to the garage opening shall be 40 feet for one-family residential structures and 70 feet for two-family residential structures. A corner lot that has a residential structure with a side entrance garage shall have a driveway length equivalent to the required front yard setback.
[Amended 7-22-2003 by Ord. No. 3024-03]
E.
The total width of an attached garage door opening shall not exceed 10 feet in width.
[Added 7-22-2003 by Ord. No. 3024-03]
§ 131-26 Uniformity of exterior design and appearance.
A.
Except as provided in this section, no single-family dwelling shall be erected if it is like or substantially like any neighboring building then in existence or for which a building permit has been issued in more than three of the following aspects:
(1)
Height of the main roof ridge or, in the case of a building with a flat roof, the highest point of the roof beams above the elevation of the first floor.
(2)
Height of the main roof ridge above the top of the plate (all flat roofs shall be deemed identical in this dimension).
(3)
Length of the main roof ridge or, in the case of a building with a flat roof, length of the main roof.
(4)
Width between outside walls at the ends of the building, measured under the main roof at right angles to the length thereof.
(5)
Relative location of windows in the front elevation or in each of both side elevations with respect to each other and with respect to any door, chimney, porch or attached garage in the same elevation.
(6)
In the front elevation, both:
(a)
Relative location with respect to each other of garage, if attached, porch, if any, and the remainder of the building.
(b)
Either height of any portion of the building located outside the limits of the main roof, measured from the elevation of the first floor to the roof ridge or, in the case of a flat roof, the highest point of the roof beams, or width of said portion of the building if it has gable in the front elevation, otherwise length of said roof ridge or said flat roof in the front elevation.
B.
For the purpose of this section, a building shall be deemed to be a "neighboring building" if the distance between such building and the subject building is not more than 50 feet and if both buildings front on the same street.
§ 131-27 Security gates.
A.
All security gates must be internal and not occlude the vision of fire, police and/or governmental officials to inspect and shall provide a minimum of 75% visibility through the gate.
B.
All electrically operated security gates shall be designed and maintained to be capable of being opened by manual means in the event of loss of power or other emergency.
C.
All properties within the Borough of Rutherford having a security gate, excepting R-3 uses, shall comply with the provisions of Chapter 34A, Fire Safety, §§ 34A-17 through 34A-19.
