Rutherford College City Zoning Code
GENERAL ZONING
REGULATIONS
§ 152.055 APPLICATION; CONFORMITY.
No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered except in conformity with the regulations herein specified for the district in which it is located. (Ord. passed 4-5-2010; Ord. passed 5-3-2021)
§ 152.056 REDUCTION OF LOT AND YARD AREAS PROHIBITED.
No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein, except for street widening. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)
§ 152.057 RELATIONSHIP OF BUILDING TO LOT.
Every building hereafter erected, moved or structurally altered shall be located on a lot of record and in no case shall there be more than one principal building and its customary accessory buildings on any lot of record, except in the case of a specially designed complex of institutional buildings, cluster housing, multi-family residential areas, planned unit developments and group projects, commercial and industrial in an appropriate zoning district.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)
§ 152.058 NONCONFORMING USES.
After the effective date of this chapter, existing structures, or the uses of land or structures which would be prohibited under the regulations for the district in which it is located (if they existed on the adoption date of this chapter), shall be considered as nonconforming. Nonconforming structures or uses (as defined in § 152.005) may be continued provided they conform to the following provisions.
(A) Continuing nonconforming uses of land.
(1) Extensions of use. Nonconforming uses or land shall not hereafter be enlarged or extended in any way.
(2) Change of use. Any nonconforming uses of land may be changed to a conforming use, or with the approval of the Board of Adjustment, to any use more in character with the uses permitted in the district in question.
(3) Cessation of use. When nonconforming uses of land are discontinued for a continuous period of 180 days the property involved may thereafter be used only for conforming purposes.
(a) All nonconforming uses of land involving minor structures such as junkyards, signs or any nonconforming uses similar to those enumerated, shall be eliminated within two years from the date of adoption of this chapter.
(b) A record of these nonconforming uses shall be compiled by the Planning Board and kept on permanent file in the Town Hall.
(c) Involved property owners shall be notified of this provision within six months of the adoption of this chapter.
(B) Continuing the use of nonconforming buildings.
(1) Extensions of use. Nonconforming buildings and nonconforming uses of buildings shall not hereafter be enlarged. Additionally, no nonconforming structure or use may be enlarged or altered in any way which increases its dimensional deficiencies.
(2) Change of use. The lawful use of a building existing at the time of the adoption of this chapter may be continued although such use does not conform with the provisions of this chapter, and such building may be reconstructed or structurally altered and nonconforming use therein changed subject to the following regulations.
(a) The order of classification of uses from highest to lowest for the purpose of this section shall be as follows: single-family residential uses, multi-family residential uses, commercial uses and industrial uses as permitted by this chapter.
(b) A nonconforming use may be changed to a use of higher classification but not to a use of lower classification, nor shall a nonconforming use be changed to another use of the same classification unless the new use shall be deemed by the Board of Adjustment, after public notice and hearing, to be less harmful to the surrounding neighborhood, from the standpoint of the purposes of this chapter, than the existing nonconforming use.
(c) A nonconforming commercial or industrial use may not be extended, but the extension of a use to any portion of a building, which portion is at the time of the adoption of this chapter primarily or designed for such nonconforming use, shall not be deemed to be an extension of a nonconforming use.
(d) Nor shall the building be enlarged, unless the use therein is changed to a conforming use; provided, however, that a nonconforming building damaged by fire, explosion, tornado, earthquake or similar uncontrollable cause to the extent of not more than 60% of its assessed value at the time of the damage may be repaired or rebuilt within one year of the date of such damage, but not thereafter. Such determination shall be made by the Board of Adjustment.
(e) Nevertheless, the erection of a single-family dwelling unit shall be permitted on any lot of record which contains an area or width less than that required for a single-family dwelling in the district in which such lot is located. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership on the effective date of this chapter. Variance of any district regulations other than area and/or width shall be obtained only through the action of the Board of Adjustment.
(3) Cessation of use. If active operations are discontinued for a continuous period of 180 days with respect to a nonconforming use of a building, such nonconforming use shall thereafter be occupied and used for a conforming use. A period, however, between tenants or occupant shall not be construed to mean discontinuance.
(B) Continuing the nonconforming use of manufactured homes and manufactured home parks.
(1) Extension of use. Nonconforming manufactured homes and manufactured home parks existing at the time of the adoption of this chapter shall be allowed to continue to their present existence. Existing mobile home parks shall not hereafter be enlarged or extended in any way.
(2) Replacement of manufactured homes in existing manufactured home parks. Manufactured home parks that are operating as existing parks as of the effective date of this chapter may continue to operate. The replacement of nonconforming manufactured homes in manufactured home parks is allowed and must meet the criteria of this section.
(3) Nonconforming manufactured homes, however, may be replaced provided that the new or replacement manufactured home is a Class B manufactured home as defined in this chapter, is not more than seven years old, and meets all other standards for manufactured homes outlined in § 153.097.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)
§ 152.059 AMORTIZATION.
The following uses, if they are nonconforming, shall be terminated and all outside storage or junk removed within three years:
(A) Junk yards not located in a G-M General Manufacturing District; and
(B) The provisions of division (A) above shall not be applicable, provided, that the following conditions pertaining to junk yards herein are met:
(1) The junk or salvage yard area must comply with all setback requirements for the G-M General Manufacturing District.
(2) A natural buffer, consisting of a double row of evergreen trees which will reach at least ten feet in height within three years and be of sufficient density to provide a reasonable visual buffer or a ten-foot high view-obscuring fence shall be placed between the site and all streets, roads or highways and surrounding property within sight distance of the junk yard. This requirement may be waived or modified by the Board of Adjustment if it can find that the intent of this section is met by existing topographic conditions or vegetation. Junk or salvage shall not be piled higher than the height of the fence, nor against the fence.
(3) All materials shall be required to be stored in such a manner as to prevent the breeding or harboring of rats, insects or other vermin. Where necessary, this shall be accomplished by enclosures in containers, storage of materials above ground, separation of types of materials, preventing the collection of stagnant water, extermination procedures or other means.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)
§ 152.060 INTERPRETATION OF DISTRICT REGULATIONS.
(A) Uses not designated as permitted by right or as a special use approved by the Board of Adjustment shall be prohibited. Additional uses in character with the district may be added to the ordinance by amendment.
(B) The regulations set forth by this chapter shall be minimum regulations. If the district requirements set forth in this chapter are at a variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or higher standard shall govern.
(C) Unless the restrictions established by covenants for the land are prohibited by or are contrary to the provisions of this chapter, nothing herein contained shall be construed to render such covenants inoperative.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)
§ 152.061 EXEMPTIONS AND MODIFICATIONS.
(A) Lot of record.
(1) Where the owner of a lot of official record in any residential district at the time of the adoption of this chapter or his or her successor in title does not own sufficient contiguous land to enable him to conform to the minimum lot size requirements of this chapter, such a lot may be used as a residential building site; provided, however, that the requirements of the district are complied with or a variance is obtained from the Board of Adjustment.
(2) Notwithstanding the foregoing, whenever two or more adjoining vacant lots of record are in single ownership at any time after the adoption of this chapter and such lots individually have less area or width than the minimum requirements of the district in which such lots are located, such lots shall be considered as a single lot or several lots which meet the minimum requirements of this chapter for district in which such lots are located.
(3) Every lot to be built upon shall abut by at least 37.5 feet a public street or other public way and no dwelling shall be placed or built upon a lot which does not abut upon a public street or other public way by the same distance, with the exception of division (B) below.
(B) Provisions for landlocked lots. Existing landlocked lots within the residential zoning districts, defined as a lot that does not abut a public street and therefore does not meet the requirements that the lot have a minimum frontage on a public street of 37.5 feet, may be developed for one single-family dwelling unit if the lot otherwise meets the zoning requirements of the zone in which the lot is located provided that the lot has a recorded easement of ingress and egress to and from a public street which is appurtenant to the lot and which meets the following requirements:
(1) A private easement with a minimum continuous width of 20 feet is acquired from intervening property owners;
(2) The recorded documents creating the easement shall specify that the public service, utility and emergency personnel and vehicles shall have the freedom of ingress and egress from the landlocked property;
(3) The recorded documents shall also specify that public utilities (water, sewer, electricity, telephone, cable and the like) may be located within the easement;
(4) The recorded documents shall include a maintenance agreement specifying the party responsible for maintaining the easement and its traveled surface;
(5) The easement must have an all weather surface of gravel, concrete or asphalt with a minimum continuous width of ten feet to ensure access of public service, utility and emergency personnel and vehicles;
(6) Easements existing prior to the adoption of this chapter with widths less than 20 feet may be used to access landlocked lots provided that such easements abut a public street or way; and
(7) Subdivision of landlocked parcels will require the provision of a publicly dedicated street constructed to the town standards and must meet all the requirements of the town’s subdivision regulations.
(C) Front yard for dwellings.
(1) The front yard requirements of this chapter for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or in part within 100 feet on either side of the proposed dwelling and on the same side of the street in the same block and use district as such lot is less than the minimum required front yard depth.
(2) In such case, the setback on such lots may be less than the required setback but not less than the average of the existing setbacks on the aforementioned lots, or a distance of ten feet from the street right-of-way, whichever is greater.
(D) Height limitation. The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flagpoles, radio towers, television towers, masts, aerials and similar structures, except as otherwise noted in the vicinity of airports.
(E) Visibility of intersections. On a corner lot in any residential district, no planting, structure, sign, fence, wall or obstruction to vision more than three feet in height measured from the centerline of the street or road shall be placed or maintained within the triangular area formed by the intersecting street or road right-of-way lines and a straight line connecting points on said street or road right-of-way line each of which is 35 feet distance from the point of intersection.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)
§ 152.062 FENCES.
Fences and walls are permitted as an accessory use in all zoning districts, provided that:
(A) No fence shall be constructed within or upon any street right-of-way.
(B) On a corner lot in any district, no fence, wall or obstruction to vision more than three feet in height measured from the centerline of the street or road shall be placed or maintained within the triangular area formed by the intersecting street or road right-of-way lines and a straight line connecting points on said street or road right-of-way line, each of which is 35 feet distance from the point of intersection.
(C) No fence or wall shall alter or impede the natural flow of water in any stream, creek, drainage swale, or ditch.
(D) Nothing in this section shall preclude the installation of temporary fences related to construction sites or sediment and erosion control.
(E ) A zoning permit is required for the installation of any fence.
(Ord. passed - -)