Rutherford City Zoning Code

The Borough of Rutherford, being confronted with increasing urbanization and acknowledging that the technology of land development and land use planning is undergoing substantial and rapid changes and recognizing the desirability of the objectives set forth in N.J.S.A. 40:55D-39, intends to encourage:

In recognition of the urgent need for the redevelopment of those congested and blighted areas abutting the central areas of the borough in order to furnish appropriate commercial development and adequate housing facilities in proximity to the commercial and civil amenities of the central areas of the borough; in the belief that private investment should be encouraged to contribute to that redevelopment; in recognition that necessary redevelopment cannot be expected to take place in strict accordance with those uniform regulations appropriate to the established areas of the borough; in order to provide increased flexibility of the laws governing the development of those areas in the borough aforesaid; to encourage such development in directions that will recognize both the changes and design in technology in the building industry and the new demands in the commercial and residential housing markets; to provide that the uniform regulations appropriate to previously developed neighborhoods and commercial areas do not operate to discourage efficient and imaginative development of said areas consistent with the reasonable enjoyment of neighborhood properties; to establish patterns and characteristics of future developments which will result in desirable economic and social consequences and will make the most desirable and economic use of the resources of the area planned; to provide for the maximum benefit from coordinated areas site planning, including the diversified location of structures and mixed compatible uses; to provide a safe, efficient system for pedestrian and vehicular traffic, attractive landscaped open areas; and to provide for the multiple needs of society and maximize the opportunity for a wide range of choices in commercial development and residential living and to serve the varying needs of persons in such areas, the borough does hereby adopt this chapter so that single parcels of land or combinations of parcels of land in single ownership may be developed with one or more principal structures and related accessory uses and other environmental development.

Commercial development use standards.

Residential development.

Common property.

Placement of structures. The placement of commercial and residential structures and accessory parking and refuse depository facilities shall provide a compatible and practical arrangement of such structures and uses within the tract and surrounding area.

Setback. The common property between the boundaries of the parcel of property upon which the planned commercial development is to be constructed and the proposed buildings or structures shall not be less than 25 feet in depth and shall be maintained as common property, except that walks, driveways and rights-of-way for utilities and drainage channels and below-grade parking structures may be developed and maintained in such area.

Traffic circulation. Traffic circulation facilities within the planned commercial development shall provide for the safe and convenient movement of pedestrians and vehicles, including accessibility by emergency, municipal and delivery vehicles.

Utilities. The electric power, telephone and illumination lines shall be installed underground, and easements, when required, provided that transformers and substations may be installed within accessory buildings or structures designed for this purpose. This requirement may be waived only upon a finding by the Planning Board that such underground installations in the specific area are not feasible.

Signs. The use of signs or similar devices for purpose of advertisement or identification within the planned commercial development, exclusive of municipal signs, shall be regulated by § 131-18 and is further limited to:

Bulk requirements.

That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to standards of this chapter pursuant to N.J.S.A. 40:55D-65c.

That the proposals for maintenance and conservation of the common property are reliable and the amount, location and purpose of the common property are adequate.

That the provisions for the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visible enjoyment are adequate.

That the proposed planned commercial development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

In the case of a development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and other residents, occupants and owners of the proposed development in the total completion of the development are adequate.