Definitions and usages. Unless otherwise expressly
stated, the following terms shall, for the purpose of this chapter,
have the meanings as herein defined. Whenever a term is used in this
chapter that is defined in N.J.S.A. 40:55D-1 et seq., such term shall
have the same meaning as the state statute.
Any existing or proposed county road shown on the adopted
County Master Plan or Official Map which adjoins or lies within a
lot or parcel of land submitted for subdivision or site plan approval.
An added roadway lane to the right side of the road which
permits integration and merging of slower-moving vehicles into the
main vehicular stream or slowing down of vehicles. See Figure 1.
A physical entrance to property.
A building or structure, the use of which is customarily
incidental and subordinate to that of the principal building or use
and located on the same lot as such principal building or use.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot as the principal use.
Development creating, imposing, aggravating or leading to
inadequate, impractical, unsafe or unsatisfactory conditions on a
site proposed for development or on or off-tract property or facilities.
Such conditions shall relate to circulation, drainage, erosion, potable
water or sewage collection and treatment.
Any environmental pollutant such as, but not limited to,
smoke, odors, liquid wastes, radiation, noise, vibrations, glare or
heat.
The traveled way by which cars enter and depart parking spaces.
A service roadway providing vehicular service access to the
back or side of properties otherwise abutting on a street.
Any change or rearrangement in the supporting members of
an existing building such as bearing walls, columns, beams, girders
or interior partitions, as well as any change in doors or windows
or any enlargement or diminution of a building or structure or by
increasing in height or the moving from one location or position to
another. Alteration shall not be construed to mean any necessary repairs
and renovation of an existing structure solely for the purpose of
maintenance and/or improvement of the appearance.
A place where animals or pets are given medical or surgical
treatment. Use as a kennel shall be limited to short-term boarding
and shall be incidental to such hospital use.
Any building, structure or premises in which animals are
kept, boarded, bred or trained and operated as a commercial enterprise.
See "dwelling, garden apartment."
A plan which has been granted final approval by the Planning
Board or Board of Adjustment of the Borough of Fair Lawn.
The sum of the gross horizontal areas of all floors of a
building or group of buildings on a lot, measured from the exterior
faces of exterior walls or from the center line of a wall separating
two buildings, but excluding any floors or portions thereof contained
on terraces or balconies projecting beyond the exterior face of the
building, and further excluding attics, cellars, basements or portions
thereof that are nonhabitable and nonoccupiable, as defined under
the New Jersey Uniform Construction Code.
[Amended 3-19-2019 by Ord. No. 2492-2019]
The total floor area of all stories, including basements
but excluding stairwells, elevator shafts, bathrooms, corridors bounded
by permanent partitions, non-food-preparation areas of cafeterias,
permanent wall thicknesses and other areas which the approving agency
determines as not generating parking need.
The total area within the property lines of a lot excluding
external streets and rights-of-way.
The open non-habitable space between the ceiling beams of
the top habitable story and the roof rafters in any building.
The highest elevation, expressed in feet above sea level,
of the level of floodwaters occurring in the regulatory base flood.
A story partly underground and having more than 1/2 but less
than 2/3 of its height floor-to-ceiling above the averaged finished
grade of the ground adjoining the building at all exterior walls.
A stationary or revolving light which flashes or projects
illumination, single color or multicolored, in any manner which is
intended to attract or divert attention; except, however, this term
is not intended to include any kind of lighting device which is required
for safety by any public agency.
A mound of soil, either natural or man-made.
A pathway, improved and separated from streets and sidewalks,
designed to be used by bicycles or in-line skates.
See "sign, billboard."
The area bounded by one or more streets or a municipal boundary
of sufficient size to accommodate a lot or lots of the minimum size
required in this chapter.
A person other than a member of a family occupying a part
of any dwelling unit who, for a consideration, is furnished sleeping
accommodations in such dwelling unit and may be furnished meals as
part of this consideration.
Any dwelling or part thereof in which space is let for a
fee by the owner or operator to more than three persons who are not
members of the family and whether or not meals are provided.
Any premises at which the business of body repair of motor
vehicles is conducted.
Open spaces, landscaped areas, fences, walls, berms or any
combination thereof used to physically separate or screen one use
or property from another so as to visually shield views or block noise,
lights or other nuisances.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The two-dimensional space within which a structure is permitted
to be built on a lot and that is defined by minimum yard setbacks.
See Figure 2.
The ratio of the building footprint of all buildings on a
lot, exclusive of decks, patios and steps, to the total lot area.
See Figure 2.
That area of the plot or lot covered by the vertical projection
of the exterior walls of the building including projecting architectural
features but excluding cornices, eaves or roof overhangs which project
two feet or less beyond the walls of the building.
The vertical distance from a point in the center of the street
opposite and within 100 feet of the center of the building wall facing
said street, to the highest point of the roof surface of a flat roof,
the deckline of a mansard roof or the mean height of a gable or hip
roof or the mean vertical distance between the ridge line and the
knuckle of a gambrel roof. A parapet, not exceeding three feet in
height may be added to a flat roof and shall not be included in the
computation of height. If the property on which said building is situated
adjoins more than one street, the mean grades of the several points
so determined shall be used. If the building is more than 100 feet
from the center of a street, the vertical distance shall be measured
from the average finished grade of the ground within 50 feet of the
perimeter of the building. The height of any detached single-family
dwelling, semi-detached single-family dwelling, townhouse/attached
single-family dwelling or two-family dwelling shall be measured from
a point in the center of the street opposite and within 100 feet
of the center of the building wall facing said street to the highest
point of the roof surface of a flat roof, the deckline of a mansard
roof or the actual height of a gable, hip or gambrel roof or of the
actual ridgeline height of the building. All measurements for determining
the height of any detached single-family dwelling, semi-detached single-family
dwelling, townhouse/attached single-family dwelling or two-family
dwelling shall be based upon existing grade of the ground.
[Amended 7-17-2007 by Ord. No. 2083-2007]
A line parallel to the street line touching that part of
a building closest to the street, including porches and decks but
excluding steps and uncovered porches less than three feet deep by
five feet wide. In the case of a cantilevered section of a building,
the building line will coincide with the most projected surface. All
yard requirements shall be measured to the building line. See Figure
2.
The diameter of a tree trunk measured in inches a distance
of six inches off the ground.
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2021, c.
16 (N.J.S.A. 24:6I-31 et seq.), for use in cannabis products, but
shall not include the weight of any other ingredient combined with
cannabis to prepare topical or oral administrations, food, drink,
or other product.
[Added 8-17-2021 by Ord. No. 2591-2021]
Any person or entity that holds any of the six classes of
licenses established under P.L. 2021, c. 16, the New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act.[1]
[Added 8-17-2021 by Ord. No. 2591-2021]
A roofed structure providing space for the parking or storage
of motor vehicles and enclosed on not more than three sides.
Any area of land including structures thereon used for the
washing of motor vehicles for profit.
The paved area of a street between the curbs, including travel
lanes and parking areas. Where there are no curbs, the "cartway" is
that portion between the parallel edges of the paved street width.
A space with less than 1/2 of its floor to ceiling height
above the averaged finished grade of the ground adjoining the building
at all exterior walls.
A certificate issued by the Code Enforcement Officer upon
completion of the construction of a new building or upon a change
in the type of occupancy of a building which certifies that all requirements
of the appropriate codes and ordinances or such adjustments thereof
which have been granted by the proper municipal authorities having
jurisdiction and all other applicable requirements have been met.
A certificate issued by the Code Enforcement Officer upon
any change in the nature or type of the specific activity conducted
within or occupying a building or premises which certificate certifies
that all requirements of the appropriate codes and ordinances or such
adjustments thereof which have been granted by the proper municipal
authorities having jurisdiction and all other applicable requirements
have been complied with. For the purposes of this definition, in any
business or industrial district, any change of tenant of any premises
or building shall be deemed to be a change of use and occupancy under
the provisions of this chapter and in multifamily residential districts
and uses, any change of tenant of a multifamily dwelling shall be
deemed to be a change of use and occupancy under the provisions of
this chapter.
A watercourse with a definite bed and banks which confine
and conduct the normal continuous or intermittent flow of water.
Any facility by whatever name known, for which a license
is required from the Department of Human Resources pursuant to N.J.S.A.
30:5B-1 et seq., which is maintained for the care, development and
supervision of six or more children under six years of age who attend
the facility for less than 24 hours per day. This term shall include,
but not be limited to, such programs as child-care centers, day nursery
schools, play schools, cooperative child-care center, centers for
children with special needs, infant-toddler programs, preschool enrichment
centers and kindergartens.
See "house of worship."
A premises or building reserved for the exclusive use of
members of an organization and their guests for civic, charitable,
social or recreational purposes not conducted for gain, provided there
are not conducted any merchandising or commercial activities, except
as required by the membership for the purposes of such club.
Any form of apparatus which is designed for the purpose of
sending or receiving television, radio, microwave, satellite, cellular
telephone or similar signals and is intended to be used in connection
with the production of income or which is designed to be used by third
parties other than those residing on the property on which the antenna
is located.
An establishment which, for a fee or other consideration,
offers courses in dance where the largest class size is in excess
of 14 students. (For the purposes of this chapter, an establishment
which offers courses in dance where the largest class size is 14 or
fewer students is defined as a "commercial school.")
[Added 1-24-2012 by Ord. No. 2232-2012]
Ownership of two or more contiguous parcels of real property
by one person or by two or more persons owning such property jointly.
Water supply and sewage disposal systems, whether privately
or publicly owned and operated, that serve two or more dwellings or
other buildings.
A study to determine the potential direct or indirect effects
of a proposed development on community facilities.
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter
and personal guidance, under such supervision as required, to not
more than 15 developmentally disabled or mentally ill persons, who
require assistance, temporarily or permanently, in order to live in
the community and shall include but not be limited to group homes,
halfway houses, intermediate care facilities, supervised apartment
living arrangements and hostels. Such a residence shall not be considered
a health care facility within the meaning of the Health Care Facilities
Planning Act (P.L. 1971, c. 136; N.J.S.A. 26:2H-1 et seq.). In the
case of such community residence housing mentally ill persons, such
residence shall have been approved for a purchase of service contract
or an affiliation agreement pursuant to such procedures as shall be
established by regulation of the Division of Mental Health and Hospitals
of the Department of Human Services.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:40-1-14) providing food, shelter, medical care, legal
assistance, personal guidance and other services to not more than
15 persons who have been victims of domestic violence, including any
children of such victims, who temporarily require shelter and assistance
in order to protect their physical and psychological welfare.
An application containing or accompanied by the material specified in Article VII of this chapter.
An informal map of a proposed subdivision or site plan of
sufficient accuracy and detail to be used for the purpose of discussion
and classification.
A use permitted in a particular zoning district upon showing
that such use will comply with all of the conditions and standards
for the location or operation of the use as specified in the zoning
ordinance and authorized by the approving agency.
The grant of a property right stipulating that the described
land will remain in its natural state and precluding future or additional
development.
The Borough official specified in the Building Code[2] who is charged with administering the land development
regulations, together with the Administrative Officer of the Borough.
An age-restricted development that provides a continuum of
accommodations and care, from independent living to long-term skilled
nursing care and enters into contracts to provide lifelong care in
exchange for the payment of monthly fees and an entrance fee in excess
of one year of monthly fees.
Tracts of land which share a common boundary.
As applied to a building or structure, any alteration intended
to change the use or any change in the use with or without alteration.
An open unoccupied space bounded on three or more sides by
the exterior walls of a building or exterior walls and lot lines.
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable.
A court enclosed on not more than three sides by exterior
walls of a building or by exterior walls and lot lines on which walls
are allowable, with one side or end open to a street, driveway, alley
or yard.
That portion of a lot covered or occupied by a deck or other
unroofed seating area designed to permit percolation of stormwater
into the land, as existed in its natural condition; provided, however,
that such deck or other seating area does not have a roof or walls
and is open to the air.
Sensitive natural lands and waters which, when altered, would
lead to the degradation of water quality and include frequently flooded
soils, water retention soils and potential prime aquifer recharge
soils. Sensitive natural lands and waters include streams, ponds and
lakes, one-hundred-year-floodplains, freshwater wetlands, transition
areas and slopes over 15%.
A dead-end street.
The opening along the curbline at which point vehicles may
enter or leave the roadway.
A street or portion of a street which is accessible only
by a single means of ingress or egress.
Any retail establishment, with seating accommodations for
eight or less persons, offering for sale items including but not limited
to prepackaged food products, newspapers and magazines, sandwiches
and other freshly prepared foods, such as salads, primarily for off-site
consumption.
The number of dwelling units per total area of the lot or
tract.
The total number of dwelling units per unit of land excluding
all areas designated as common open space, streets, easements, water
areas and wetlands.
Development other than planned development or cluster development.
The application form and all accompanying documents, plans
and drawings required by this chapter for consideration by the appropriate
Board for action on a development.
Zoning, subdivision, site plan, official map or other municipal
regulation of the use and development of land or amendment thereto
adopted pursuant to the Municipal Land Use Law.
A vehicle used for display where the substantial purpose
for parking such vehicle at its location is for display, sale or advertising
purposes.
An area used for ingress or egress of vehicles and allowing
access from a street to a building or other structure or facility.
A structure or portion thereof that is used exclusively for
human habitation. Dwellings may include but are not limited to the
following types:
DETACHED SINGLE-FAMILYA dwelling that is not attached to any other dwelling by any means and occupied by a single family.
GARDEN APARTMENTThree or more dwellings located within a single building, with an entrance to each dwelling by direct access from the outside or through a common hall. Garden apartments may include buildings in cooperative or condominium ownership. Also see "multifamily."
MULTIFAMILYA building containing three or more dwelling units that share common horizontal separations, including garden apartments.
SEMIDETACHED SINGLE-FAMILYA single-family dwelling attached to one other single-family dwelling on an adjoining lot by a common vertical wall erected on the lot line dividing the two lots.
PATIO HOMESingle-family units joined together by terrace, patio, garage, porch or lanai.
TOWNHOUSE/ATTACHED SINGLE-FAMILYA one-family dwelling in a row of at least three such attached units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
TWO-FAMILYA building on a single lot containing two dwelling units, each of which is separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
MOBILEA structure constructed as a vehicle, containing living quarters with accommodations for sleeping and which may or may not have built-in sanitary and cooking facilities. It may either move from place to place under its own power or be towed by any other vehicle. It may also be immobilized without changing its character. This term includes habitable trailers, camping trailers and similar habitable devices.
One or more rooms designed, occupied or intended for occupancy
as separate living quarters with cooking, sleeping and sanitary facilities
provided within the dwelling unit for the exclusive use of a single
family maintaining a household.
A grant of one or more property rights by the property owner
to and/or for use by the public, a corporation or another person or
entity.
Any obstruction within a delineated floodway.
A study to determine the potential direct and indirect effects
of a proposed development on the environment.
The removal or abatement of pollutants in groundwater, including
siting of a structure or equipment required for environmental remediation
deemed essential to the continuation of a structure or use of property,
as further described and specified in N.J.S.A. 40:55D-66.8 (siting
of a structure or equipment required for groundwater remedial action
deemed essential to the continuation of a structure or use of property).
[Added 6-28-2022 by Ord. No. 2625-2022]
Removal or recovery by any means whatsoever of minerals,
mineral substances or organic substances, other than vegetation, from
the water, land surface or beneath the land surface, whether exposed
or submerged. Normal agricultural activities shall not be considered
to be "excavation."
The vertical location of the ground surface prior to excavating
or filling.
See "nursing home."
A group of individuals living together in a dwelling unit
as a single housekeeping unit under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability, but not including a group occupying a boardinghouse,
lodging house, club, fraternity, commune or hotel.
A private residence which is registered as a family day-care
home pursuant to the Family Day-Care Provider Registration Act, P.L.
1987, c. 27 (N.J.S.A. 30:5B-16 et seq.); and is further defined as
a private residence in which child-care services are provided for
a fee to not less than three and no more than five children at any
one time for no less than 15 hours per week; except that the division
shall not exclude a family day-care home with less than three children
from voluntary registration.
A fast-food restaurant in an establishment designed for over-the-counter
immediate service to patron primarily for immediate consumption whether
or not interior seating facilities are provided and which restaurant
serves a limited, standardized menu of quickly prepared or pre-prepared
foods and which foods are packaged in paper or other types of disposable
wrappers and containers; any food takeout service which is clearly
incidental to the primary permitted restaurant use does not cause
such restaurant to be defined as a fast-food restaurant; expressly
excluded from this definition are retail establishments known as a
"delicatessen" or "supermarket" in which food is primarily sold for
preparation and consumption elsewhere.
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen or separate areas.
The final map of all or a portion of a development which
is presented to the Board for final approval in accordance with these
regulations and which, if an approved subdivision, shall be filed
with the proper county recording officer.
A business of primarily a monetary nature such as bank, savings
and loan association, mortgage company, brokerage and similar institutions.
Any fabric, banner or bunting containing distinctive colors,
patterns or symbols, used as a symbol of a government, political subdivision
or other entity or for any other purpose.
The susceptibility of a specific land use at a particular
location to damage by flooding and the potential of the specific land
use to increase off-site flooding or flood-related damages.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters and/or the unusual and rapid accumulation or runoff
of surface waters from any source.
That portion of the flood hazard area outside the floodway,
based on the total area inundated during the regulatory base flood
plus 25% of the regulatory base flood discharge. See Figure 3.
The floodplain consisting of the floodway and the flood-fringe
area. See Figure 3.
The highest elevation, expressed in feet above sea level,
of the level of floodwaters which delineates the flood-fringe area.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community, adopted January 30, 1976,
as Map Nos. HO1-06 and 101-06 or as revised by the Federal Insurance
Administration.
The channel and the relatively flat area adjoining the channel
of a natural river, stream, watercourse or any body of standing water
that has been or may be covered by floodwater and consisting of the
floodway and flood-fringe area. See Figure 3.
The channel of a natural stream or river and portions of
the floodplain adjoining the channel which are reasonably required
to carry and discharge the floodwater or flood flow of any natural
stream or river. See Figure 3.
The sum of the gross floor area of all floors, divided by
the total lot area. Any garage, accessory structure or attic being
used as habitable space shall be included within the floor area ratio.
For the purpose of this chapter, floor area ratio shall not include
the floor area of unenclosed porches and porticoes, decks and patios,
garages of less than 400 square feet and used solely for nonhabitable
storage purposes, and cellars and basements whose exposed exterior
walls face rear yards or whose exterior foundation wall faces a street
and the height of the exposed foundation wall is less than three feet
above the finished grade. Where a lot is a corner lot, floor area
of a cellar or basement shall only be excluded from floor area ratio
if both exterior foundation walls facing a street are less than three
feet. Any basement area or cellar area not specifically excluded shall
be included with the definition of floor area ratio.
[Added 7-17-2007 by Ord. No. 2083-2007]
See "lot, frontage."
A building intended for the parking of motor vehicles as
a business.
A structure that is an accessory to the principal building and that is used for the storage of motor vehicles and in which no occupation, business or service for profit is carried on, except as permitted in § 125-33B.
Any building, premises or land in which or upon which a business
involving the maintenance, servicing, repair washing or painting of
motor vehicles is conducted or rendered. Automobile rental or sales
of motor vehicle accessories is permitted. This does not include motor
vehicle showrooms for new or used motor vehicles or car washing establishments.
Land, greenhouses and other temporary and permanent structures
used to raise flowers, shrubs and plants (excluding cannabis) for
sale.
[Amended 8-17-2021 by Ord. No. 2591-2021]
Any building, structure, lot or land used for the sale of
motor vehicles fuels, dispensed directly into motor vehicles and which
may include facilities used for polishing, greasing, washing, mechanical
repairs and adjustment or otherwise cleaning or servicing such motor
vehicle, but specifically excluding all body and fender repairs or
rental of parking space.
The final grade or elevation of the ground surface conforming
to the proposed design.
The first floor, other than a cellar or basement, of a building.
Any single-family dwelling used in the placement of children
pursuant to law recognized as a group home by the Department of Institutions
and Agencies in accordance with rules and regulations adopted by the
Commissioner of Institutions and Agencies; provided, however, that
no group home shall contain more than 12 children.
Such elements or compounds which, when discharged in any
quantity into the environs of air, water or soil, present an imminent
and substantial danger to the public health or welfare, including
but not limited to fish, shellfish and all forms of wildlife.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
Any real property, constructed structure, natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance; or any sight designated by the Borough Council as being a Site of Local Historical Significance pursuant to § 120-2 of the Code of the Borough of Fair Lawn; or any site contained in the register of Historic Sites for the State of New Jersey of appropriate State agencies. The words "landmark," "historic," "historic preservation," "historic district" and "historic site" are used interchangeably. Any one of the foregoing shall mean "historic site" as defined herein unless the applicable text indicates otherwise.
An accessory use which:
Is customarily carried on in a dwelling unit.
Is carried out only by a full-time resident
of the dwelling unit who shall be the sole principal and no more than
two employees at the same time.
Is clearly incidental or secondary to the residential
use of the dwelling unit.
Does not utilize more than 50% of the first
floor, nor more than a total of 750 square feet in the entire dwelling
unit.
The words "home occupation" shall be limited
to artist, teacher of not more than one pupil at one time, dentist,
accountant, architect, attorney, engineer, surveyor, clergyman, photographer,
city planner, consultant, member of the medical profession, insurance
salesperson, real estate salesperson or similar profession and dressmaking
to order only, all provided there is no visible display of the services.
All other occupations are prohibited, including retail sales, repair
services (except for clothing), personal services such as hairdressing,
massage and other services performed on the person and manufacturing.
Any home office is permitted provided no clients come to the house.
A community association, other than a condominium association,
that is organized in a residential development in which individual
owners share common interests and responsibilities for costs and upkeep
of common open space or facilities.
An institution providing health services primarily for inpatient
medical or surgical care of the sick or injured and including related
facilities such as laboratories, outpatient departments, training
facilities, central service facilities and staff offices which are
an integral part of the facility.
A facility offering transient lodging accommodations to the
general public and may include additional services, such as restaurants,
reception rooms, meeting rooms, entertainment and recreation facilities.
A family living together in a single dwelling unit, with
common access to and common use of all living and eating areas and
all areas and facilities for the preparation and serving of food.
A building or structure or groups of buildings or structures,
including customary accessory buildings, that by design and construction
are primarily intended for conducting organized religious services
and associated accessory uses. For the purpose of this chapter, houses
of worship shall include but not be limited to churches, mosques,
temples, cathedrals, synagogues, chapels, congregations and similarly
designated structures, together with all ancillary structures such
as, but not limited to, parish houses, convents, retreat houses, monasteries
and religious schools.
That portion of the lot that is covered or occupied by a
surface that has been compacted or covered with a layer of material
that is highly resistant to infiltration by water, including but not
limited to buildings, parking areas, driveways, service areas, streets,
walkways, patios, in-ground swimming pools and plazas. All required
parking areas which are permitted to remain unimproved shall be considered
as impervious surfaces.
[Amended 5-15-2018 by Ord. No. 2464-2018]
An area of land with or without buildings used or intended
to be used primarily for the collecting, dismantling, storage or salvaging
of old or used materials, machinery or vehicles not in running condition
or the parts thereof or for the sale or trade thereof.
A component of a development plan on which is shown: proposed
landscape species (such as number, spacing, size at time of planting
and planting details); proposals for protection of existing vegetation
during and after construction; proposed treatment of hard and soft
surfaces; proposed decorative features; grade changes; buffers and
screening devices; and any other information that can reasonably be
required in order that an informed decision can be made by the approving
authority.
Industrial uses that meet the performance standards, bulk
controls and other requirements established in the land development
ordinance.
The total area within the lot lines of a lot.
A lot or parcel of land abutting upon two or more intersecting
streets or upon two parts of the same street forming an interior angle
of less than 135°.
The average horizontal distance between the front and rear
lot lines, measured at right angles or radial to the street lines.
A lot not meeting minimum frontage requirements and where
access to the public street is by a private right-of-way or driveway.
See Figure 4.
That part of a designated parcel, tract or area
of land established by a plat or otherwise as permitted by law which
may be used, developed or built upon as a unit and which is contiguous
to or abuts any existing or proposed street. For the purposes of this
section, street means any street, avenue, boulevard, road, parkway,
viaduct, drive or other way.
Which is an existing state, county or municipal
roadway; or
Which is shown upon a plat heretofore approved
pursuant to law; or
Which is approved by official action as provided
by N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law; or
Which is shown on a plat duly filed and recorded
in the office of the Bergen County Clerk prior to the appointment
of the Borough of Fair Lawn's Planning Board and the grant to such
Board of the power to review plats; and includes the lands between
the street lines, whether improved or unimproved and may comprise
pavement, shoulders, gutters, curbs, sidewalks, parking areas and
other areas within the street lines.
In the event that a lot as defined in N.J.S.A.
40:55D-1 et seq. is contiguous to or abuts two or more streets as
defined herein, the frontage of said lot shall be that line of property
which divides the lot from the street and may be on either street
provided it meets the minimum criteria for frontage.
Building or other structure erected on a corner
lot that abuts or is contiguous to two streets may front on either
street and in such case, frontage shall be determined as the property
line abutting or contiguous to the street on which the building or
other structure has its principal or primary entrance consistent,
if applicable, with other structures in the area.
Anything in Subsections A and B above to the contrary notwithstanding, each lot shall have a minimum frontage not less than the minimum width required pursuant to the Lot and Bulk Regulations as more specifically set forth in the Land Development Ordinance of the Borough of Fair Lawn and the Schedule of Area, Yard and Building Requirements[3] relating thereto, except in the case of those lots abutting
curved streets or culs-de-sac which shall have a minimum frontage
in any case of at least 40 feet.
A lot upon which exists a structure or building or paved
surface.
A lot other than a corner lot.
A line of record bounding a lot that divides one lot from
another adjoining lot or from a public or private street or any other
public space.
The lot line separating a lot from a street right-of-way,
also referred to as a "street right-of-way line." See Figure 2.
The lot line opposite and most distant from the front lot
line or, in the case of triangular or otherwise irregularly shaped
lots, a line at least 10 feet in length entirely within the lot, parallel
to and at a maximum distance from the front lot line.
Any lot line other than a front or rear lot line. See Figure
2.
A lot or parcel of land abutting upon three or more intersecting
streets.
A through lot which is not accessible from one of the parallel
or non-intersecting streets upon which it fronts.
A lot that fronts upon two parallel streets or that fronts
upon two streets that do not intersect at the boundaries of the lot.
The horizontal distance between the side lines of a lot measured
at right angles to depth and at a point which constitutes the rear
line of the required front yard space.
Housing affordable according to Federal Department of Housing
and Urban Development or the standards established by the New Jersey
Council on Affordable Housing (COAH) for home ownership and rental
costs, occupied or reserved for occupancy by households with a gross
household income equal to 50% or less of the median gross household
income for households of eligibility and the same size within the
housing region in which the housing is located and which is subject
to affordability controls promulgated by COAH.
A roof having two slopes on all sides with the lower slope
steeper than the upper one. A false mansard is a steep slope roof
attached to an exterior wall and may extend above a parapet.
The treatment or processing of raw materials or products;
or the production of articles or finished products from raw or prepared
materials by giving them new forms or qualities or by assembly from
component parts or by packaging for sale at wholesale.
Any portable or mobile structure or vehicle used or intended
for use as a dwelling unit or for sleeping purposes whether or not
such vehicle or structure is attached to a foundation.
A parcel of land occupied by two or more mobile homes.
Housing affordable according to Federal Department of Housing
and Urban Development or the standards established by the New Jersey
Council on Affordable Housing for home ownership and rental costs,
occupied or reserved for occupancy by households with a gross household
income in excess of 50% but less than 80% of the median gross household
income for households of the same size within the housing region in
which the housing is located and which is subject to eligibility and
affordability controls promulgated by COAH.
An establishment providing transient sleeping accommodations
with a majority of all rooms having direct access to the outside without
the necessity of passing through the main lobby of the building.
A lot or building used for the sale of automobiles generally
but may include light trucks, vans, trailers and recreational vehicles
and including any vehicle preparation or repair work conducted as
an accessory use. This shall be interpreted to include new and used
car dealerships and auto accessory salesrooms attached to the dealership
but not the sale of junked automotive parts or inoperable motor vehicles.
Any use made by the Borough of Fair Lawn of property owned
or leased by it or legally under its control by easement, license
or otherwise.
The ground surface in its original state before any grading,
excavation or filling.
See "area, net building floor."
A lot, the area or dimension of which was lawful prior to
the adoption, revision or amendment of the Land Development Ordinance
but that fails by reason of such adoption to conform to the requirements
of this chapter.
Any sign lawfully existing on the effective date of an ordinance
or any amendment thereto, that renders such sign nonconforming because
it does not conform to all the standards and regulations of this chapter.
A structure or building, the size, dimensions or location
of which was lawful prior to the adoption, revision or amendment to
the Land Development Ordinance but that fails by reason of such adoption,
revision or amendment to conform to the requirements of this chapter.
A use or activity that was lawful prior to the adoption,
revision or amendment of the Land Development Ordinance but that fails
by reasons of such adoption, revision or amendment to conform to the
requirements of this chapter.
See "child-care center."
A long-term care facility or a distinct part of a facility
licensed or approved as a nursing home, infirmary unit of a home for
the aged or a governmental medical institution.
Any eating establishment where food and other refreshments
are served on a public or private right-of-way, namely the sidewalk
or walkway immediately in front of any restaurant, cafe, cafeteria
or place of business where food and/or other refreshment are served.
The keeping, in an unroofed area, of any items, including
but not limited to goods, junk, material, trailers, merchandise and
vehicles in the same place for more than 24 hours.
An individual, firm, association, syndicate, partnership
or corporation having sufficient proprietary interest to seek or authorize
development of land under this chapter.
Any open off-street area, including parking spaces, driveways
and access aisles used for the temporary storage of automobiles and
other permitted vehicles for the private use of the owners or occupants
of the lot on which the area is located.
Any open off-street area, including parking spaces, driveways
and access aisles, other than a street or other public way, used for
the temporary storage of automobiles and other permitted vehicles
and available to the public, with or without compensation or as an
accommodation for clients, customers and employees.
Any public or private parking area.
A space for the parking of one motor vehicle within a public
or private parking area, but not within a dedicated street.
A level, impervious surfaced area at or within three feet
of the finished grade, not covered by a permanent roof and used primarily
for passive recreation.
A door designed and used primarily for the entry and exit
of pedestrians, as opposed to freight or other materials.
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, designed to move in the wind.
A test designed to determine the ability of ground to absorb
water.
A corporation, company, association, society, firm, partnership
or joint-stock company, as well as an individual, the state and all
political subdivisions of the state or any agency or instrumentality
thereof.
The final map of all or a portion of a subdivision or site
plan which is presented to the Planning Board or Board of Adjustment
for final approval in accordance with this chapter.
The preliminary map indicating the proposed layout of the
subdivision or site plan which is submitted to the Planning Board
or Board of Adjustment for consideration and preliminary approval
and meeting the requirements of this chapter.
A roofed open area, which may be screened, usually attached
to or part of and with direct access to and from a building.
A building or structure or a piece or tract of land or real
estate, vacant or otherwise.
A building in which the principal use of the lot is conducted.
The office of a member of a recognized profession maintained
for the conduct of that profession.
A use which is not permitted in a zone.
A place where sports, leisure time activities and customary
and usual recreational activities are carried out.
Facilities operated as a business and open to the public
for a fee.
A portable structure without permanent foundation that can
be towed, hauled or driven and primarily designed for recreational,
camping and travel use.
Flood having a one-percent chance of being equaled or exceeded
in any given year.
The rate of flow produced by the regulatory base flood, measured
in cubic feet per second.
The channel and the adjacent land areas that must be reserved
in order to discharge the regulatory base flood without cumulatively
increasing the water surface elevation more than 0.2 of one foot.
An establishment or other facility for carrying on investigation
in the natural, physical or social sciences, which may include engineering
and product development.
Establishments where patrons can place and pick up their
orders from their automobiles for off-site consumption, whether or
not indoor service is available.
An establishment designed for over-the-counter immediate
service to patrons primarily for immediate consumption whether or
not interior seating facilities are provided and which restaurant
serves a limited, standardized menu of quickly prepared or pre-prepared
foods and which foods are packaged in paper or other types of disposable
wrappers and containers. Any food takeout service which is clearly
incidental to a permitted restaurant use does not cause such restaurant
to be defined as a fast-food restaurant. Expressly excluded from this
definition are retail establishments such as a delicatessen or supermarket,
in which food is primarily sold for preparation and consumption elsewhere.
See "outdoor cafe."
An establishment where patrons are served food and/or beverages,
primarily for consumption at tables provided within the building in
which the food and/or beverages are prepared or served and which does
not meet the definition of fast-food restaurant.
An establishment where customers and patrons are sold food
and/or beverages, primarily for off-site consumption.
An establishment engaged in selling merchandise to the general
public for personal or household use.
Any building or part thereof which is designed, constructed
and licensed by the state for use to educate students up to and through
the secondary level.
An establishment which, for a fee or other consideration,
offers courses such as but not limited to martial arts, music, art,
business subjects and computers to more than one pupil at a time.
Housing within which residency shall be restricted to permanent
residents of the age 62 years and over, except for the spouse and
one child 18 years or more of age of a qualifying resident.
An establishment engaged in providing services for individuals,
businesses, government and other organizations and including finance,
insurance and real estate offices; personal services; business services;
miscellaneous repair services; amusement and recreation services;
health, educational and social services; and museums, art galleries,
botanical gardens and zoological gardens, but not including a mortuary
or crematorium.
A business primarily engaged in rendering services such as
advertising, blueprinting, building cleaning or equipment rental to
business enterprises on a fee or contract basis.
The minimum required distance between a building and a lot
line.
That area of the public right-of-way reserved for pedestrian
traffic.
A triangular shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
Any structure or part thereof or device attached thereto
or painted or represented thereon which displays or includes any banner,
letter, word, model, flag, pennant, insignia, slogan, device or representation
used as or in the nature of an announcement, direction or advertisement.
For the purpose of this chapter, the word "sign" shall not include
a flag, pennant or insignia of any nation, group of nations, state,
city or religious or fraternal organization or other political unit;
nor shall it be construed to mean any sign in the interior of any
structure unless specifically set forth in this chapter.
A sign maintained which advertises or otherwise directs attention
to a use, business, products, commodity, service, activity or entertainment
manufactured, conducted, sold or offered elsewhere than on the premises
where such sign is located.
A sign that uses movement or change of lighting, either natural
or artificial, to depict action or create a special effect or scene.
A sign hanging below a permanent architectural overhanging
shelter.
The entire face of a sign, including the advertising surface
and any framing, trim or molding, but not including the supporting
structure.
A sign attached to or painted or in any other way affixed
on a temporary retractable or non-retractable shelter that is supported
entirely from the exterior wall of a building.
A sign of lightweight fabric or similar material that is
mounted to a pole or a building at one or more edges.
A sign that directs attention to a business, commodity, service
or entertainment conducted, sold or offered at a location other than
the premises on which the sign is located.
Any sign attached below the roofline to any part of a building,
as contrasted to a freestanding sign. Building signs include wall
signs, window signs and canopy signs. See "billboard.
A sign that 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.
Any sign on or attached to, an awning, marquee or canopy,
fixed or movable, projecting from a building and generally designed
and constructed to provide protection from the weather.
A temporary sign erected on the premises on which construction
is taking place, during the period of such construction, which may
indicate the name of the development project and the names of the
occupant and principal designers such as architects, engineers, landscape
architects, contractors or similar artisans and the owners, financial
supporters, sponsors and similar individuals or firms having a role
or interest with respect to the structure or project.
A sign limited to directional symbols and/or messages, principally
for pedestrian or vehicular traffic.
A sign that is illuminated by a light source that shines
through the letters of logos from the back of the sign.
A sign, set forth in a vertical configuration, identifying
one or more occupants of a premises set forth in a vertical configuration.
See "sign, wall."
The area or display surface used for the message.
Any directly or indirectly illuminated sign that exhibits
changing natural or artificial light or color effects by any means
whatsoever.
Any nonmovable sign not affixed to a building.
A sign erected and maintained pursuant to and in discharge
of any governmental functions or required by law, ordinance or other
governmental regulation.
Any sign, other than a pole sign, in which the entire bottom
is in contact with or is close to the ground and is independent of
any other structure.
A sign containing only the name and occupation of a permitted
home occupation.
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed towards the sign.
A sign that is illuminated by a light source that shines
directly on the surface of a sign.
A sign on or attached to a permanent overhanging shelter
that projects beyond the building line and is supported entirely by
the building.
A sign existing at the effective date of the adoption of
this chapter which could not be built, erected or utilized under the
terms of this chapter.
A sign the contents of which advocates for or against a candidate,
group of candidates or political party for elective office or for
or against an issue.
A sign 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 day-to-day operations of
the business.
A sign that is wholly or partly dependent upon a building
for support and which projects more than 12 inches from such building
and generally perpendicular to the building.
A sign pertaining to the sale or lease of the premises or
a portion of the premises on which the sign is located.
A sign that is mounted on the roof of a building and projects
above the top walk or edge of a building with a flat roof, the eave
line of a building with a gambrel, gable or hip roof or the deckline
of a building with a mansard roof.
Any sign erected on a roof or other horizontal building surface
that is designed to be viewed from above.
A sign or advertising display designed or intended to be
displayed for a limited period of time.
Any sign attached parallel to, but within six inches of,
a wall, painted on the wall surface of or erected and confined within
the limits of any outside wall of any building or structure, which
is supported by such wall or building and which displays only one
sign surface.
Any sign that is placed within a window or upon the window
panes or glass and is visible from the exterior of the window.
Any window sign that is painted directly on the window glass
with permanent paint or that is mounted by bolts or screw or otherwise
in a permanent fashion, on a permanent structure.
Any window sign that is not a permanent window sign.
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
Any site plan not classified as a minor site plan.
A development plan of one or more lots for alterations to
the interior of the building which do not involve structural change
to the building or renovations or alterations to the exterior design
of the structure which do not involve any significant structural change,
as determined by the Planning Board, provided that such site plan:
Does not involve planned development, any new
street or extension of any off-tract improvement which is to be prorate
pursuant to N.J.S.A. 40:55D-42; and
Contains the information reasonably required
in order to make an informed determination as to whether the requirements
established by ordinance for approval of a minor site plan have been
met.
Degree of deviation of a surface from the horizontal, usually
expressed in percent or degree.
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock and which can be readily excavated.
A plan which indicates necessary land treatment measures,
including a schedule for installation, which will effectively minimize
soil erosion and sedimentation. Such measures shall be at least equivalent
to the standards and specifications as adopted by the Bergen County
Soil Conservation District.
Any removal of soil from or depositing of soil on any premises except as otherwise exempted by Article VII.
The keeping or placing of goods, wares, materials, merchandise
or equipment in a warehouse or other structure or in any open space.
An accessory building used for the storage of items such
as, but not limited to, tools, lawn and garden equipment and furniture
and similar items of personal property belonging to the occupant of
the principal structure.
Any storm drainage technique which retards or detains runoff,
such as a detention or retention basin, parking lot storage, rooftop
storage, porous pavement, dry wells or any combination thereof.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or if there is
no floor above it, then the space between the floor and the ceiling
next above it and including those basements used for the principal
use.
A space under a sloping roof that has the line of intersection
of the roof and wall face not more than three feet above the floor
level and in which space the possible floor area with headroom of
five feet or less occupies at least 40% of the total floor area of
the story directly beneath.
See "right-of-way line."
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above or below the surface
of a parcel of land.
Any developer commencing proceedings under this chapter to
effect a subdivision of land hereunder for himself or for another.
Any subdivision not classified as a minor subdivision.
A subdivision of land for the creation of a
number of lots specifically permitted by ordinance as a minor subdivision,
provided that such subdivision does not involve:
A planned development;
Any new street; or
The extension of any off-tract improvements,
the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
Any subdivision application from a subdivider
or owner which has previously been subdivided or granted a minor subdivision
shall be classified as a major subdivision.
Any basin or structure for the holding of water for wading,
swimming, diving or other aquatic sports and recreation by the public
and for which a fee may or may not be charged, including any swimming
pool operated by a group, association or club, whether the use thereof
is restricted to members of said group, association or club or otherwise.
An artificial basin or other structure for the holding of
water, constructed on residential premises for the sole use of the
occupant of the premises, his/her family and guests, for wading, swimming,
diving or other aquatic sports and recreation. The term "swimming
pool" shall not include an aboveground pool that is less than three
feet in height and less than 10 feet in length or diameter, or any
plastic, canvas, rubber or other small receptacle temporarily erected
on the ground and which holds less than 500 gallons of water.
[Amended 5-15-2018 by Ord. No. 2464-2018]
The surface soil and soil material to a depth of six inches
tillage, its equivalent in cultivated soil or the original or present
"A" horizon plus "B" horizon (if in top six inches), as defined by
the National Cooperative Soil Survey of the United States Department
of Agriculture, before its removal or displacements for any purposes
whatsoever. Topsoil shall be capable of supporting vegetation indigenous
to the area.
Every vehicle with or without motive power designed for carrying
persons or property or for being drawn by a motor vehicle and so constructed
that no part of its weight rests upon the towing vehicle.
TRAILER, HABITABLESee "dwelling, mobile."
TRAILER, IMMOBILIZEDA mobile habitable structure which has been parked or semipermanently or permanently fastened to the ground, with or without sanitary, water and other utilities directly connected to the unit, which may be used for storage as well as other purposes.
SEMITRAILEREvery vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
Any lot or premises used for a business, the sole or major
purpose of which is the transfer and shipping of goods and/or materials.
The purpose or activity for which lands or buildings are
arranged, designed or intended or for which land or buildings are
occupied or maintained.
The main or primary activity of any lot or parcel.
A self-propelled device which is licensed as a motor vehicle
by the State of New Jersey.
An open area, other than a right-of-way or public parking
area, used for display, sale or rental of new or used vehicles in
operable condition and where no repair work is done.
That area of private space available for pedestrian traffic
situated in front of an outdoor eating establishment and adjacent
to the sidewalk or curb.
A building used primarily for the storage of goods and materials.
Any natural or artificial watercourse, stream, river, creek,
ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine
or wash in which water flows in a definite direction or course, either
continuously or intermittently and which has a definite channel, bed
and banks, and shall include any area adjacent thereto subject to
inundation by reason of overflow or floodwater.
On-site subsurface source of water supply, including pumping
and treatment equipment to provide irrigation or potable water service
to a lot or lots in accordance with regulations of the New Jersey
Department of Environmental Protection and the Bergen County Health
Department.
Establishments primarily engaged in selling merchandise to
retailers, industrial, commercial, institutional or professional business
users or other wholesalers; or acting as agents or brokers in buying
merchandise for or selling merchandise to, such individuals or companies,
sales.
An open space that lies between the principal building or
buildings and the nearest lot line.
A space extending the full width of the lot between any building
and the front lot line and measured perpendicularly to the building
at the closest point to the front lot line. See Figure 5.
A space extending across the full width of the lot between
the principal building and the rear lot line and measured perpendicular
to the building to the closest point of the rear lot line. See Figures
2 and 5.
A space extending from the front yard to the rear yard between
the principal building and the side lot line and measured perpendicular
from the side lot line to the closest point of the principal building.
See Figures 2 and 5.
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A specifically delineated area or district within which uniform
regulations govern the use, placement, spacing and size of land and
buildings.
The Zoning Board of Adjustment as established under this
chapter.
The map annexed to and made a part of this chapter, indicating
zone boundaries.
[4]A document, signed by the Zoning Officer, which either is
required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building or which acknowledges
that such use, structure or building complies with the provisions
of the Municipal Zoning Ordinance or variance therefrom duly authorized
by the appropriate agency of Fair Lawn Borough pursuant to N.J.S.A.
40:55D-60 and 40:55D-70.
