[Amended 2-16-2010 by Ord. No. 2172-2010; 2-16-2010 by Ord. No.
2173-2010; 2-23-2010 by Ord. No. 2179-2010; 5-14-2013 by Ord. No.
2272-2013; 6-16-2015 by Ord. No. 2354-2015; 1-26-2016 by Ord. No. 2371-2016; 8-16-2016 by Ord. No. 2400-2016; 6-28-2022 by Ord. No. 2625-2022]
For the purpose of promoting the public health,
safety, morals and general welfare of the community, the Borough of
Fair Lawn is hereby divided into the following zones:
R-1-1
|
One-Family Residential
|
R-1-2
|
One-Family Residential
|
R-1-3
|
One-Family Residential
|
R-2
|
Two-Family Residential
|
R-3-1
|
Multiple-Family Residential
|
R-3-2
|
Multiple-Family Residential
|
R-5-1
|
Townhouse Residential
|
R-5-2
|
Townhouse Residential
|
R-5-3
|
Townhouse Residential with Setaside
|
R-6
|
Inclusionary Multifamily Residential
|
R-7
|
Age-Restricted Affordable Multifamily Residential Overlay District
|
B-1
|
Restricted Business
|
B-2
|
General Business
|
B-3
|
Business
|
B-4
|
River Road Business
|
B-5
|
River Road Business
|
OBS-1
|
Office and Business Service
|
I-1
|
Restricted Industrial
|
I-2
|
Industrial
|
I-2-ER
|
Industrial
|
CA
|
Commercial Antenna Zone
|
C-R
|
Combined Residential
|
MU
|
Mixed-Use Planned Development
|
POS
|
Public Open Space
|
[Amended 9-19-2000 by Ord. No. 1823-2000]
The districts established by this chapter are
bounded and defined as shown on the Zoning Map of the Borough of Fair
Lawn, dated 2000, which accompanies and is hereby made part of this
chapter.
All uses must meet the requirements set forth
in the Schedule of Area, Yard and Building Requirements located at
the end of this chapter.
Following the effective date of this chapter:
A. No building shall be erected, moved, altered, rebuilt
or enlarged except as specified elsewhere in this chapter, nor shall
any land or building be used, designed or arranged to be used for
any purpose or in any manner except in conformity with all regulations,
requirements and/or restrictions specified in this chapter for the
zone in which such building or land is located.
B. No yard or open space required in connection with
any building or use shall be considered as providing a required open
space for any other building on the same or any other lot.
C. No lot shall be formed from part of a lot already
occupied by a building unless such building, all yards and open space
connected therewith and the remaining lot comply with all requirements
prescribed by this chapter for the zone in which said lot is located.
No permit shall be issued for the construction of a building on any
new lot thus created unless such building and lot comply with all
the provisions of this chapter.
D. The omission of any use or type of use from said schedule
shall be deemed to be an exclusion thereof from all zones.
The following regulations shall apply to the
development of all land in the Borough of Fair Lawn.
In addition to the prohibited uses specified
for each zone, the following uses are prohibited in all zones in the
Borough of Fair Lawn.
A. Automobile body repair shops, such as shops being
engaged in major repairs or spray painting, body, fender and frame
repairs.
B. Circuses, rodeos, carnivals and flea markets, except
as conducted by a nonprofit organization on a limited basis.
C. Crematories; correctional institutions.
D. Drive-through commercial establishments in which any
commodity or service to patrons is performed while the patrons remain
in their automobiles, except gasoline service stations and bank and
pharmacy drive-up windows.
E. Drive-through restaurants except as a as set forth in §
125-45.6, B-1A Overlay Zone.
[Amended 11-22-2022 by Ord. No. 2640-2022]
H. Hotels, motels, trailer camps, boardinghouses and
rooming houses.
I. Junkyards, truck terminals, display vehicles.
J. Outdoor commercial recreational establishments, including
but not limited to outdoor theaters, racetracks, swimming pools, skating
rinks, trampoline centers, miniature golf course shooting galleries,
amusement parks and bungee jumping centers.
K. The use of living animals to test or otherwise be
utilized in the production of pharmaceuticals or other chemical or
manufacturing processes.
[Added 9-12-2006 by Ord. No. 2058-2006]
L. All classes
of cannabis establishments or cannabis distributors or cannabis delivery
services as said terms are defined in Section 3 of P.L. 2021, c. 16,
but not the delivery of cannabis items and related supplies by a delivery
service.
[Added 8-17-2021 by Ord. No. 2591-2021]
M. Horticultural
uses involving cannabis and storage of horticultural materials involving
cannabis.
[Added 8-17-2021 by Ord. No. 2591-2021]
[Added 5-6-2003 by Ord. No. 1943-2003]
In addition to the prohibited uses specified
for each zone, the following use is prohibited in all zones in the
Borough of Fair Lawn except the R-5-1 and R-5-2 Townhouse Residential
Zones; and the R-5-3 Inclusionary Townhouse Residential zone:
A. Townhouses as defined in §
125-8.
The following uses are permitted in all zones
in the Borough of Fair Lawn.
A. Child-care centers. Child-care centers are permitted
uses in all zones of the Borough, in accordance with the following
requirements:
(1) Such use shall meet the area and bulk requirements
of the zone where located, with the additional requirements that:
(a)
The minimum lot area shall be 7,500 square feet
with minimum frontage of 75 feet; provided, however, that if the bulk
requirements for a single-family residential dwelling in the zone
are greater than 7,500 feet and seventy-five-foot frontage, then the
greater bulk requirement shall apply.
(b)
Side yard setbacks shall be no less than 12
feet.
(c)
Rear yard setbacks shall be no less than 25
feet.
(2) The lot must have primary access to a public right-of-way
50 feet or greater.
(3) All lots used as a child-care center shall be buffered in the rear yard by a dense five-foot-wide evergreen buffer strip in accordance with §
125-42E. Said buffer shall be located around all sides of the rear yard.
(4) The play area shall be located in the rear yard.
(5) In residential zones such facilities shall conform
to the general character of the neighborhood. Conformity shall include
physical appearance, height and building materials.
(6) In residential zones, no child-care center can be
within 750 feet of each other. In all other zones, said distance between
child-care centers does not apply.
(7) All child-care centers shall be certified by the appropriate
licensing authorities of the State of New Jersey.
(8) Operational regulations for child-care centers:
(a)
The hours of operation for a child-care center
located in a residential zone shall be limited as per Borough Ordinance.
(b)
An adequate designed dropoff zone for the loading
and unloading of children shall be provided on-site.
(c)
Outdoor playtime or recreation adjacent to a
residential zone shall commence no earlier than as permitted by Borough
ordinance.
(d)
Parking shall be provided in accordance with §
125-48.
(9) No child-care center driveway shall be located within
75 feet of an intersection of two streets.
(10)
In residential zones, notwithstanding anything
to the contrary set forth in the Land Development Ordinance, two driveways
are permitted for child-care center.
(11)
In any zone, notwithstanding anything to the
contrary set forth in the Land Development Ordinance, two principal
uses shall be permitted on the same lot when one of the principal
uses is a child-care center and the other is any other permitted use,
as long as both such uses are located in the same structure.
B. Houses of worship. Houses of worship are permitted
uses in all zones of the Borough, in accordance with the following
requirements:
(1) Such use shall meet the area and bulk requirements
of the zone where located, with the following additional requirements:
(a)
Minimum lot area: 10,000 square feet.
(b)
Minimum frontage: 100 feet.
(c)
Minimum side yard: 15 feet.
(d)
Minimum rear yard: 25 feet.
(e)
Maximum building coverage: 30%.
(f)
Maximum impervious coverage: 60%.
(g)
Total building height (excluding steeples, minarets
and religious symbols) shall not exceed the maximum height requirement
for that zone.
(h)
Maximum height of steeples, minarets and religious
symbols: 30% of the building height.
(2) The street on which a house of worship fronts must
be a public right-of-way 50 feet or greater in width.
(3) All lots used by houses of worship shall be buffered along the side and rear yards up to the front yard setback by a solid fence and/or a dense five-foot-wide evergreen buffer strip in accordance with §
125-42E.
(4) The exterior design and physical appearance of any
and all such structures shall be compatible with the general character
of the neighborhood.
(5) The applicant must provide a list of proposed facilities
and activities, including hours of use.
C. Municipally operated facilities.
(1) Municipally operated facilities, such as, but not
limited to, utilities, police stations, administration buildings and
parks and recreation facilities are permitted uses in all zones.
(2) On any land use development applications for land
owned or facilities operated by the Borough of Fair Lawn, for which
public notice is not otherwise required under N.J.S.A. 40:55-12a,
the Borough shall be required to give public notice of such applications.
D. Accessory uses. Accessory uses which are customarily
incidental to and located on the same lot as the principal use.
[Added 2-23-2010 by Ord. No. 2179-2010]
See §
49-14, R-6 Inclusionary Multifamily Residential District.
[Amended 1-26-2016 by Ord. No. 2371-2016]
A. Permitted uses. In the OBS-1 Zone, no lot shall be
used and no structure shall be erected, altered or occupied for any
purpose except the following:
(1) All uses permitted in the R-1-1 Residential Zone,
except residences.
(2) Clubs, lodges and fraternal organizations.
(3) Professional, business or commercial offices; the
sale of merchandise to the general public for personal or household
use, provided that said merchandise is utilized by and in the professional
business or commercial office.
[Amended 2-11-2002 by Ord. No. 1890-2002]
(4) Banks and financial institutions.
(5) Undertakers and funeral homes.
(6) Business services such as printing, copying and business
machine repairs.
B. Conditional uses. Hospitals and nursing homes, subject to the requirements of §
125-19B(1).
C. Prohibited uses. All uses not permitted under §
125-24D above are specifically prohibited.
[Amended 9-19-2000 by Ord. No. 1821-2000; 4-23-2019 by Ord. No. 2499-2019; 6-28-2022 by Ord. No. 2625-2022]
A. Permitted uses. In the I-1, I-2 and I-2-ER Zones,
no lot shall be used and no structure shall be erected, altered or
occupied for any purpose except the following:
(1) Manufacturing establishments.
(3) Public utility facilities, except antenna towers.
(5) Gymnasiums and other health and fitness facilities (recreation facility,
commercial).
(6) Commercial school of dance.
(7) Athletic training facilities.
(8) Physical therapy rehabilitation studios.
(9) Carpet and furniture sales and showrooms.
(10)
Artist and/or photography studios.
(11)
Pet daycare and pet hotel.
(13)
Microbreweries provided they are not within 200 feet of a residential
zone.
(14) Environmental remediation.
B. Conditional uses. The following conditional uses shall
be permitted in the I-1 and I-2 Zones.
(1) Hospitals and nursing homes, subject to the requirements of §
125-19B(1).
(2) Bus parking lots, subject to the requirements of §
125-45.1.
C. Prohibited uses.
(2) Billboards and advertising signs not relating to the
business conducted on the premises.
(3) The slaughtering of animals; the manufacture, processing
or conversion of any commodity of which the principal ingredient is
refuse animal matter; the incineration of animals.
(4) Retail sales except for products manufactured on the
premises. Such sales of products manufactured on the premises shall
be limited to not more than a total of four weeks per year.
(5) Outdoor storage of goods or materials, except for
horticultural materials.
(6) Storage of trucks, buses, vans and any other vehicles
used to transport school children, subject to law.
(7) Operation of a commercial or not-for-profit enterprise
whose function is to transport children, including a bus company.
(8) Truck, bus, van or a vehicle depot or terminal.
D. Standards and provisions specific to the I-2-ER Zone.
(1) All uses permitted in the I-1 and I-2 Zones per §
125-28A shall be permitted in the I-2-ER Zone with the following additional provisions:
(a)
Warehouses shall be understood to include reception and distribution
of goods, wares, materials, and merchandise.
[1]
Accessory parking of trucks or trailers on-site shall be permitted
to the extent necessary to promote efficient circulation on-site.
(b)
There shall be specifically permitted the placement of more
than one principal use or principal building on a lot, provided that
all applicable bulk, building, and yard standards are met.
(2) Lots in the I-2-ER District may be subdivided for the purposes of
separating environmentally contaminated lands requiring environmental
remediation from lands intended to be developed with any other permitted
use.
(a)
A lot created by subdivision for environmental remediation shall
not be required to have frontage on a public street right-of-way,
provided:
[1]
That access to the lot shall be provided by way of a cross-access
easement or other recorded means of access from a contiguous lot having
street frontage; and
[2]
That adequate access shall be provided for emergency vehicles.
(b)
Any street frontage requirement in the Code of the Borough of Fair Lawn shall not be interpreted to apply to lots in the I-2-ER Zone where the sole use or activity thereon is remediation of contamination on that lot or lots, provided that access is provided as per Subsection
D(2)(a), above.
(c)
Buildings, structures and uses dedicated to environmental remediation
in the I-2-ER Zone may be considered principal or accessory uses and
structures, but shall not be considered accessory to a different permitted
principal use located on a separate lot unless said structures constitute
groundwater monitoring wells or extraction wells.
(d)
Notwithstanding anything contained to the contrary in Chapter
125, Land Development, there shall be no parking, loading, stormwater management, buffering, landscaping, or lighting, or other site plan requirements for any lot where the principal use is environmental remediation of contaminated lots.
(e)
There shall be no coverage or setback requirements for any lot
where the principal use is environmental remediation. Height restrictions
shall match those of an industrial use.
(f)
No environmental impact statement shall be required for an environmental
remediation of contaminated lots use, provided said contamination
is being remediated with the oversight and approval of the New Jersey
Department of Environmental Protection (NJDEP) or a licensed site
remediation professional.
(3) Parking in the I-2-ER District.
(a)
The parking ratio for warehouse uses shall be one space per
2,500 square feet of gross floor area.
(b)
There shall be no parking requirement for lots dedicated to
environmental remediation.
[Added 5-14-2013 by Ord. No. 2272-2013]
A. Permitted
uses. All municipal uses shall be permitted, including open space
and historic preservation of structures and sites.
B. Bulk,
area, yard and parking regulations. No minimum requirements shall
be established for municipal uses.