A.
Lots.
(1)
Except for lots which have been legally created since
adoption of this chapter, whenever title to two or more contiguous
lots is held by the same owner, regardless of whether or not each
of said lots may have been approved as portions of a subdivision or
acquired by separate conveyance or by other operation of law and one
or more of said individual lots does not conform with the minimum
lot area and dimension requirements for the zone in which it is located,
the contiguous lots of said owner shall be considered a single lot.
(2)
Whenever the owner of a lot existing at the time of
adoption of this chapter has dedicated or conveyed land to the municipality
in order to meet the minimum street width requirement of the Official
Map or Master Plan of the Borough, the construction official shall
issue building and occupancy permits for the lot whose depth and/or
areas are rendered substandard because of such dedication and where
the owner has no other adjacent lands to provide the minimum requirements.
(3)
In any nonresidential zone, an existing detached single-family
residence, together with any permitted accessory uses, may be altered
on a nonconforming lot of record without a variance, provided that
the following provisions are met:
(a)
The lot and use was a preexisting nonconforming
lot and use as of the date of the adoption of this chapter and the
owner does not own any adjoining contiguous land.
(c)
The applicant shall present an affidavit stating
that the owners of the adjoining lots are unwilling to sell the land
needed to eliminate the nonconforming features of the lot or that
the price demanded for such land is unreasonable.
B.
Structures and uses.
(1)
Any nonconforming use or structure existing at the
time of the passage of this chapter may be continued upon the lot
or in the structure so occupied and any structure may be restored
or repaired in the event of partial destruction, provided that the
restored structure is of no greater size than the original one and
occupies no greater area than occupied by the original one.
(2)
Repairs and maintenance work required to keep a structure
in sound condition may be made to a nonconforming structure containing
a nonconforming use. However, no nonconforming structure or structure
containing a nonconforming use shall be enlarged, extended, constructed,
reconstructed or structurally altered in any manner without appeal
for variance relief.
C.
Enlargement of valid nonconforming residential building
or structure. Any existing one-family residential building or structure
which does not conform to the Schedule of Area, Yard and Building
Requirements[1] may be enlarged without the necessity of variance relief,
provided that all of the following criteria are met:
[Added 8-19-2008 by Ord. No. 2119-2008]
(1)
The
property in question is a one-family dwelling in a zone permitting
one-family dwellings.
(2)
The
existing use of the premise remains unchanged as a one-family dwelling.
(3)
Only
one principal structure exists on the property in question.
(4)
The
existing nonconforming side or front yard setbacks are not less than
50% of the required side or front yard setbacks, but in no case closer
than 12 feet to the existing dwelling on the adjoining property.
(5)
The
existing nonconforming height is not more than five feet higher than
the maximum permitted height.
(6)
The
portion of the proposed nonconforming building footprint or coverage
consisting of new construction shall not reduce the required front
or side yard setback areas by more than 20 square feet. Reduction
of the required rear yard setback is not permitted.
(7)
The
nonconformity of the property in question with regard to undersized
yards or excess height must have existed prior to the first date of
adoption of this subsection, April 15, 1987.
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
D.
Abandonment. Whenever a nonconforming use has been
intentionally abandoned by an overt act of or failure to act by the
owner of the premises containing such use, such use shall not thereafter
be re-established and any future use shall be in conformity with the
provisions of this chapter.
E.
Changes. Once changed to a conforming use, no building
or land shall be permitted to revert to a nonconforming use.
F.
District changes. Whenever the boundaries of a zone
district shall be changed so as to transfer an area from one district
to another district, the provisions of this chapter shall also apply
to any uses made nonconforming by such change.
A.
B.
Garages. In residential zones, the number of vehicles
for which garage space may be provided as accessory to an authorized
use shall not exceed the following:
(1)
In an R-1-1, R-1-2, R-1-3 or R-2 Zone, two vehicles;
and for each 6,500 square feet by which the lot area exceeds 6,500
square feet, garage space for one additional vehicle may be provided.
(2)
In an R-3 District, two vehicles for a one-family
or a two-family dwelling. For multiple-family residence, garage space
shall be provided for one vehicle for each apartment unit.
[Amended 1-26-2016 by Ord. No. 2371-2016]
C.
In an R-5 Zone for townhouses, one garage space for
one vehicle shall be provided for each unit.
D.
Space in an garage accessory to a multiple-family
residence shall be available only to the occupants of the premises.
E.
Space in a private garage, access in a one-family or two-family house may be rented for not more than one noncommercial vehicle of other than the occupants of the building to which such garage is accessory. (See also § 125-40, Outdoor storage.)
F.
Satellite dish antennas. All satellite dish antennas
shall meet the following requirements. These requirements will enhance
the public health, safety, morals and general welfare objectives of
this chapter without unnecessarily burdening the federal interests
in ensuring access to satellite services and in promoting fair and
effective competition among competing communication service providers.
(1)
Only satellite receiving antennas shall be permitted.
(2)
They shall not be located in any required front yard.
(3)
They may be located on the roof providing they are
not visible from the street or project above any ridge line or parapet
wall.
(4)
The minimum distance to any lot line shall be three
feet.
(5)
Only one such antenna shall be permitted for each
dwelling unit.
(6)
Waiver.
(a)
Residential dwellings. In the event the applicant
can demonstrate that the antenna will not function properly or provide
adequate reception in accordance with the above requirements, the
Zoning Board shall grant a design waiver upon the showing of adequate
proofs by qualified experts.
(b)
All other uses. In the event the applicant can
demonstrate that the antenna will not function properly or provide
adequate reception in accordance with the above requirements, the
Planning Board shall grant a design waiver upon the showing of adequate
proofs by qualified experts.
A.
Yards.
(1)
Corner lot. On a corner lot, there shall be deemed
two front yards on abutting streets, one rear yard and one side yard.
(2)
Through lots. On a through lot, front yards are required
along all street lines.
(3)
Setbacks. In all residential districts, the front
yard setback of any dwelling shall not be less than the average setback
of all residential properties on the same side of the street on which
the lot is located but in any event not less than the minimum front
yard setbacks listed in this schedule. The average setback of all
residential properties as referenced herein shall include those properties
on the same side of the street as the lot running from the lot in
question along the municipal right-of-way of the street upon which
the front yard abuts to the next intersecting street or 200 feet whichever
is less.
(4)
Terraces. A paved terrace shall not be considered
in the determination of yard sizes or lot coverage, provided that
such terrace is unroofed and without walls, parapets or other form
of enclosure and the floor which shall not exceed three feet in height
above the adjoining ground at any point. Such terrace, however, may
have an open guard railing not over three feet six inches high. Such
terrace shall not project into any yard to a point closer than four
feet to any lot line. For the purpose of this section, "terrace" shall
include patio, deck or porch without roof or walls.
(5)
Porches. Any porch with a roof over it or a carport
shall be considered a part of the building in the determination of
the size of yard or lot coverage, except that in front yards entrance
enclosures or vestibules may project not more than five feet into
such yard, provided that such a structure does not occupy more than
50 square feet of the yard area.
(6)
Projecting architectural features. The space in any
required yard shall be open and obstructed except for the ordinary
projections of window sills, belt courses, cornices, eaves and other
architectural features, provided that such features shall not project
more than two feet into any required yard.
(a)
Bay windows. Bay windows, including their cornices
and eaves, may project into any required yard not more than two feet,
provided that the sum of each projection in any wall does not exceed
1/3 the length of the wall.
(b)
Fire escapes. Open fire escapes may extend into
a required yard not more than four feet.
(c)
Exterior stairways. Exterior stairways extended
higher than the first floor level shall be considered part of the
building to which they are attached in the determination of yard dimensions
and building coverage.
A.
Exceptions. The height limitations of this chapter
shall not apply to: parapets under three feet in height, steeples,
belfries, cupolas, domes and residential chimneys provided same are
not used for human occupancy or storage and further provided that
such appurtenances shall not exceed 30% of the building height.
B.
Roof appurtenances. All roof top equipment such as,
but not limited to: air conditioning equipment, renewable energy equipment,
ducts, fans, elevator penthouses or other mechanical equipment, shall
not be included in the building height computations. Such equipment
shall comply with the following requirements:
(1)
No such appurtenances shall exceed 10 feet in height,
measured from the roofline as herein defined.
(2)
Such equipment shall not cover more than 25% of the
roof area.
(3)
The distance of such equipment from the edge of the
roof shall be equal to or greater than the height of the equipment.
(4)
All such equipment shall be screened from view. If
the development is subject to site plan approval, the screening shall
be approved by the approving agency.
C.
The height of all municipally operated facilities as more particularly set forth in § 125-16C(1) or structures erected on municipally owned property shall not exceed 40 feet in height.
[Added 10-26-2004 by Ord. No. 1997-2004]
In one- and two-family zones, except as may
be allowed in planned developments, there shall be not more than one
principal structure on each lot.
[Amended 10-22-2002 by Ord. No. 1927-2002; 5-15-2018 by Ord. No. 2464-2018]
The following regulations shall apply to swimming pools, tennis
courts and similar recreational facilities that are accessory to a
residential use:
A.
Said use shall be located on the same lot as the principal
structure and only in the side or rear yard.
B.
Said use shall comply with the minimum side yard requirements
for principal structures.
C.
Said use shall be screened to minimize any adverse
impact on adjoining properties.
D.
All swimming pools, hot tubs/spas shall be enclosed by a permanent fence or barrier as set forth in § 125-38 and the New Jersey adopted Building Code.
E.
In all residential districts, the rear yard setback for aboveground
pools shall be five feet. Aboveground swimming pools shall not be
placed in a front yard or within side yard setbacks.
[Amended 5-15-2018 by Ord. No. 2464-2018; 6-9-2020 by Ord. No. 2548-2020]
F.
Chain link fences are permitted around a tennis court,
provided that such fences do not exceed 12 feet in height and the
dimensions of the fenced area are no more than are 60 feet by 120
feet.
A.
In all residential areas, no fence, wall or hedge
shall exceed six feet in height, except that within the required front
yard setback area and corner lot transition area, no fence, wall or
hedge shall exceed three feet in height. New fences must be erected
within the property lines with the finished side facing the street
or adjoining property and no fence shall be erected so as to encroach
upon a public right-of way. All posts used in relationship with the
fence shall be on the side of the fence most interior to applicant's
property.
[Amended 7-24-2001 by Ord. No. 1868-2001]
B.
Notwithstanding any other provision in the Borough
Code to the contrary, the replacement or supplementing of an existing
fence or fences on privately owned property shall not require municipal
board approval provided the following conditions are met:
(1)
No other changes whatsoever, of any kind, are being
made to the property on which the fence is located.
(2)
The size and height of the new fence shall not exceed
the size and height of the existing fence.
(3)
The location of the new fence shall be within four
inches of the existing fence, including stakes, posts and slats.
(4)
All fences must be erected within the property lines
with the finished side facing the street or adjoining property and
no fence shall be erected so as to encroach upon a public right-of-way.
All posts used in relationship with the fence shall be on the side
of the fence most interior to applicant's property.
(5)
The existing fence has been approved by a municipal
Board, as part of a previous development application or conforms with
the existing provisions of the Borough's Code.
(6)
The applicant provides a brief description and/or
depiction of the replacement fence.
(7)
The applicant's payment of the appropriate fee for
the building permit related to this application shall be the fee for
the handling and processing of the application.
(8)
The applicant seeking to replace an existing fence
certifies to the foregoing conditions in writing to the Borough Construction
Official.
(9)
The new fence shall conform with all federal, state and municipal ordinances, rules and regulations with the exception that if the location of the existing fence is the result of the grant of a variance, the new fence shall be permitted to be placed in the same location or pursuant to Subsection B(3) above.
(10)
The procedures set forth in this chapter shall
only apply if the new fence is substantially constructed of wood.
C.
Exceptions:
(1)
Any premise whose rear property line abuts State Highway
208 shall be exempt from the requirements of this chapter and shall
have the option of erecting a new fence along the rear property line
of the premises with either the finished side facing the highway or
the interior of the premises and by having the posts on the side of
the fence most exterior or interior to the owner's property.
(3)
The exception as set forth herein with respect to
properties whose rear property line abuts State Highway 208 shall
not be deemed a waiver of any rights with respect to the erection,
maintenance or repair of fences.
D.
All applications for the erection, repair or replacement
of fences which request encroachment upon a public right-of-way shall
be made to the Borough Manager who shall review them for compliance
with all applicable Borough ordinances. If the Borough Manager certifies
that the application is in compliance, the matter shall be placed
on the next scheduled regular Council meeting or as soon thereafter
as the matter may be considered for the adoption of a resolution authorizing
the Mayor and Municipal Clerk to execute an appropriate License Agreement
in a form to be approved by the Borough Attorney. In the event the
Borough Manager determines that the application is not compliance
with appropriate Borough ordinances or should be denied for other
reasons, the matter shall be placed on the next scheduled regular
work session of the Council or as soon thereafter as the matter can
be reached.
Visibility at intersections shall be in conformance with § 125-49C(3).
A.
All outdoor storage shall conform to the following
requirements:
(1)
Residential districts. Outdoor storage of any kind
or nature, except storage of those items customarily used in conjunction
with and incidental to a residential occupancy or agricultural use,
is prohibited in all residential zones, with the following exceptions:
(a)
Except in garage, no motor vehicle shall be
stored, lacking a valid motor vehicle registration for the current
year or repaired, (including, but not limited to, removal of wheels)
so as to cause such vehicle at any time, to be in any disassembled
or disabled condition. This should not be construed as prohibiting
an owner from working on one personal, registered vehicle for a reasonable
time not in excess of 30 days.
(b)
Commercial vehicles. Not more than two commercial
vehicles may be parked, stored or garaged overnight subject to the
following conditions:
[1]
The parking of commercial vehicles in excess
of a three-quarter-ton truck, manufacturers designed capacity is prohibited
in all residential zones.
[2]
Only one commercial vehicle may be parked or
stored outdoors on a lot and shall be at least three feet from the
side and property lines and 10 feet from rear property line.
[3]
Commercial and other nonpassenger vehicles shall
be fully screened from adjacent properties along side or rear property
lines.
[4]
All commercial vehicles permitted by these provisions
to be parked, stored or garaged on any property located in any residential
zone shall be owned by and registered to the owner or occupant of
the premises or the owner/occupant's employer.
[5]
The outdoor parking area for commercial or other
nonpassenger vehicle shall be improved with pavement, gravel, crushed
stone or grass pavers.
[6]
Parking of construction equipment vehicles is
allowed on a temporary basis when construction is taking place on
the lot or making delivery.
[7]
Commercial vehicles that are parked or garaged
shall not have their vehicle or accessory engines or compressors running
for more than 10 minutes.
(c)
Boats or trailers. One boat, boat trailer, recreation
vehicle, snowmobile, 18 feet or less in length may be parked or stored
outside the confines of a building in accordance with the following
requirements:
(2)
Business districts. Outdoor storage is prohibited
except for new and used car sales and horticultural uses and only
in accordance with an approved site plan.
(3)
Industrial districts. Outdoor storage is prohibited
except for new and used car sales and horticultural uses and only
in accordance with an approved site plan.
B.
Pods.
[Added 9-11-2007 by Ord. No. 2086-2007; amended 11-7-2007 by Ord. No. 2097-2007; 10-13-2009 by Ord. No. 2165-2009]
(1)
POD
Definitions. As used in this Subsection B, the following terms shall have the meanings indicated:
A unit greater in dimension than three feet in length by
three feet in width by three feet in height rented or owned or for
use by the property owner for storage of personal, business, or commercial
items or used for the packing or storage of items for permanently
moving to or from the residence or for temporarily storing items during
a renovation to the main residences. PODS include, but are not limited
to, sea boxes, bulk storage containers, portable on-demand storage
containers, store-to-door mobile transportation storage containers,
roll-off containers or other such similar containers.
(2)
Application request/approval.
(a)
No pod shall be placed on or at a residential property without obtaining a Zoning Department permit. The Zoning Department shall provide a copy of this Subsection B and application forms in all applications for any construction permits issued under Chapter 85. To obtain a permit, the property owner(s) or property manager, in the case of rental units, shall obtain approval from the Zoning Officer. Applications shall include, but not limited to, the following:
[1]
The names, addresses, and telephone numbers of the owner or
manager of the property on or at which the pod is to be placed;
[2]
The names, addresses, and telephone numbers of the individual
or company which owns the pod;
[3]
A copy of a survey must accompany the application; and
[4]
Any other information the Zoning Officer may require to determine
the full compliance with other applicable ordinances of the Borough.
(b)
In the case of a tenant or property owner using the same pod
for the purposes of moving between properties within the Borough,
only one permit will be required; however, a survey shall be submitted
for both locations.
(3)
Size of pod. A pod shall be no greater than eight feet in height,
24 feet in length and eight feet in width.
(4)
Number of pods. One pod shall be permitted per residential property.
(5)
Location of pods. The placement of pods shall meet all of the following
provisions:
(a)
The pod shall be placed either on the lawn, in the driveway
or in an approved paved parking area at the furthest accessible point
from the street and at least 10 feet from the curb.
(b)
The pod shall not be placed within any public right-of-way or
roadway including sidewalks.
(c)
In a multifamily residential complex, the pod shall be placed
as close to the dwelling using the unit as possible.
(d)
At the discretion of the Zoning Officer, the pod may be placed
in an alternative location provided that the alternative location
does not create an unsafe location.
(6)
Duration.
(a)
Where a pod is used for the parking or storage of items for
permanently moving to or from a residence, during any twelve-month
period commencing from the date of issuance of a permit, one pod may
be placed on or at a residential property for a period not exceeding
fourteen (14) total days to load and 14 total days to unload. At the
conclusion of any applicable fourteen-day period, the applicant may
request one extension for good cause from the Zoning Officer not to
exceed 14 days.
(b)
Where a pod is used during construction or renovation to the
main residence, commencing from the date of issuance of a permit,
one pod may be placed on or at a residential property for an initial
period not exceeding three months with an additional renewal of three
additional months thereafter in the event the construction or renovation
project has not been completed. After an initial six months, the applicant
may request one-month extension for good cause from the Zoning Officer,
but in no event shall the period of storage under this subsection
extend beyond 12 total months.
(c)
Where residential fire, hurricane, natural or man-made disaster
has occurred causing substantial damage to a residential property,
the Zoning Officer of the Borough shall determine the time period
for the pod.
(7)
Fees.
(a)
Where a pod is used for packing or storage of items for permanently
moving to and from a residence, the fee for a pod permit shall be
$50.
(b)
Where a pod is used during construction or renovation to the
main residence, the fee for the pod shall be $100 for the first three
months and three-month renewal thereafter. After an initial six month
period, the fee for a pod permit shall be $25 for each additional
one-month renewal.
(c)
The Borough of Fair Lawn shall not prorate the pod fee if the
unit is removed prior to the end of the fee period.
(8)
Guidelines.
(a)
No pod shall be used to store solid waste, construction debris,
demolition debris, recyclable materials, business inventory, commercial
goods, or goods for property other than at the residential property
where the storage unit is located.
(b)
Storage of hazardous material within the pod is prohibited.
(c)
Pods shall be locked and secured by the property owner, tenant
or property manager at all times when loading or unloading is not
taking place.
(d)
The property owner, tenant or property manager or user of a
pod must secure it in a manner that does not endanger the safety of
person or property in the vicinity of the temporary structure. In
the event of severe weather conditions in which the unit may become
a physical danger to persons or property, the Borough of Fair Lawn
may require the removal of the pod.
(9)
Occupancy of container prohibited. No human or animal shall occupy
any pod except for the express purpose of loading or unloading the
container. No heat source of any kind shall be placed in any pod.
(10)
Separate violations. Each and every day that a pod remains on
the property beyond the applicable permitted time shall be considered
as a new and separate violation. Each and every pod more than the
quantity of one located on the property shall be considered a new
and separate violation.
(11)
Violations and penalties. Any person who shall violate any provision of this Subsection B shall, upon conviction, be punished by fine not exceeding $200 for each violation or by imprisonment for not more than 90 days, or by an order to perform community service, or a combination thereof, in the discretion of the Municipal Judge.
[Added 10-23-2007 by Ord. No. 2087-2007; amended 1-27-2009 by Ord. No. 2136-2009]
A.
SOLICITATION or SOLICIT
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
The request, directly or indirectly, for money, credit, property,
financial assistance or other thing of any kind or value. Solicitation
shall include, but not be limited to, the use or employment of canisters,
cards, receptacles or similar devices for the collection of money
or other thing of value. A solicitation shall take place whether or
not the person making the solicitation receives any contribution.
B.
Requirements
for placement and use of clothing bins for solicitation purposes.
Notwithstanding any other provision of law to the contrary, no person
shall place, use or empty a donation clothing bin for solicitation
purposes, unless all of the following requirements are met:
(1)
The person has obtained a permit, valid for a twelve-month period
of time, from the Borough’s Zoning Officer, in accordance with
the following. In applying for such a permit, the person shall include:
(a)
The location where the bin would be situated, as precisely as possible;
(b)
The manner in which the person anticipates any clothing or other
donations collected via the bin would be used, sold or dispersed and
the method by which the proceeds of collected donations would be allocated
or spent;
(c)
The name and telephone number of the bona fide office required pursuant to Subsection B(7) of this section of any entity which may share or profit from any clothing or other donations collected via the bin; and
(d)
Written consent from the property owner to place the bin on his property.
(2)
The person has secured minor site plan approval for the bin from the Planning Board in accordance with § 125-66 and for the specific purpose of insuring that the placement of such bin will not constitute a safety hazard.
(3)
The Zoning Officer shall not grant an application for a permit to
place, use or employ a donation clothing bin if it determines that
the placement of the bin could constitute a safety hazard. Such hazards
shall include, but not be limited to, the placement of a donation
clothing bin within 100 yards of any place which stores large amounts
of, or sells, fuel or other flammable liquids or gases.
(4)
The Zoning Officer shall impose a fee for such application, not to
exceed $25, to offset the costs involved in enforcing this section.
(5)
An expiring permit for a donation clothing bin may be renewed upon
application for renewal and payment of any fee imposed by the Zoning
Officer for such renewal, not to exceed $25 annually, to offset the
costs involved in enforcing this section. Such application shall include:
(a)
The location where the bin is situated, as precisely as possible,
and, if the person intends to move it, the new location where the
bin would be situated after the renewal is granted and written consent
from the property owner to place the bin on his property;
(b)
The manner in which the person has used, sold or dispersed any clothing
or other donations collected via the bin, the method by which the
proceeds of collected donations have been allocated or spent and any
changes the person anticipates he/she may make in these processes
during the period covered by the renewal; and
(6)
The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin, in addition to the information required pursuant to Subsection B(8) of this section.
(7)
The person, and any other entity which may share or profit from any
clothing or other donations collected via the bin, maintains a bona
fide office where a representative of the person or other entity,
respectively, can be reached at a telephone information line during
normal business hours for the purpose of offering information concerning
the person or other entity. For the purposes of this subsection, an
answering machine or service unrelated to the person does not constitute
a bona fide office.
(8)
The following information is clearly and conspicuously displayed
on the exterior of the donation clothing bin:
(a)
The name and address of the registered person who owns the bin and
of any other entity which may share or profit from any clothing or
other donations collected via the bin;
(b)
The telephone number of the person’s bona fide office and,
if applicable, the telephone number of the bona fide office of any
other entity which may share or profit from any clothing or other
donations collected via the bin;
(c)
In cases when any entity other than the person who owns the bin may
share or profit from any clothing or other donations collected via
the bin, a notice, written in a clear and easily understandable manner,
indicating that clothing or other donations collected via the bin,
their proceeds, or both, may be shared, or given entirely to, an entity
other than the person who owns the bin and identifying all such entities
which may share or profit from such donations; and
(d)
A statement, consistent with the information provided to the appropriate
municipal agency in the most recent permit or renewal application,
indicating the manner in which the person anticipates any clothing
or other donations collected via the bin would be used, sold or dispersed
and the method by which the proceeds of collected donations would
be allocated or spent.
C.
Receipt
and investigation of complaints relative to donation clothing bin.
(1)
The Zoning Officer shall receive and investigate, within 30 days, any complaints from the public about the bin. Whenever it appears to the Zoning Officer that a person has engaged in, or is engaging in, any act or practice in violation of Subsection B hereof, the person who placed the bin shall be issued a warning, stating that if the violation is not rectified or a hearing with the Zoning Officer is not requested within 45 days, the bin will be seized or removed at the expense of the person who placed the bin, and any clothing or other donations collected via the bin will be sold at public auction or otherwise disposed of. In addition to any other means used to notify the person who placed the bin, such warning shall be affixed to the exterior of the bin itself.
(2)
In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, the Zoning Officer may seize the bin, remove it or have
it removed, at the expense of the person who placed the bin, and sell
at public auction or otherwise dispose of any clothing or other donations
collected via the bin. Any proceeds from the sale of the donations
collected via the bin shall be paid to the chief financial officer
of the municipality.
D.
Additional
penalties and remedies. In addition to any other penalties or remedies
authorized by the laws of this state, any person who violates any
provision of this section which results in seizure of the donation
clothing bin shall be:
(1)
Subject to a penalty of up to $20,000 for each violation. The Zoning
Officer may bring this action in the municipal court or the Superior
Court as a summary proceeding under the Penalty Enforcement Law of
1999, P.L. 1999, c. 274 (N.J.S.A:58-10 et seq.), and any penalty monies
collected shall be paid to the chief financial officer of the municipality;
and
(2)
Deemed ineligible to place, use or employ a donation clothing bin for solicitation purposes pursuant to Subsection B hereof. A person disqualified from placing, using or employing a donation clothing bin by violating the provisions of this section may apply to the Zoning Officer to have that person’s eligibility restored. The Zoning Officer may restore the eligibility of a person who:
E.
Exemption of donation clothing bins sponsored by departments of the Borough. The owner of any donation clothing bin which is sponsored by any department of the Borough shall be required to comply with the requirements of Subsections B through D hereof, but shall specifically be exempt from the minor site plan approval requirement of Subsection B(2) and fee requirement of Subsection B(4) and B(5) hereof.
A.
Signs permitted in residential zones. Within residential
zones, the following signs shall be permitted:
(1)
One permanent sign per premises for any permitted
use or activity.
(2)
A nonilluminated nameplate sign, situated within the
property lines and bearing only the name of the principal occupant
and/or street number of the private dwelling and not exceed 72 square
inches of total area.
(3)
Real estate signs as permitted in § 125-41G(6) 114F.
(4)
Official signs of any governmental agency.
(5)
Signs advertising a permitted use in a residential
district such as a club house, public or quasi-public building or
building used solely for nonprofit, church, school, hospital or other
like purposes, but not including any activity of a retail nature,
provided said sign is located on the same premises as the use it advertises
and does not exceed 20 square feet in total area, being no more than
five feet in any one dimension.
(6)
Temporary signs as permitted in § 125-41G(6).
(7)
Nonilluminated temporary signs, necessary in connection
with the erection of buildings or other construction work, limited
to one sign for each construction project. Such sign may be freestanding
or attached to the premises but shall not exceed nine square feet
in area and shall be removed at the completion of construction.
(8)
Signs advertising major subdivision that have received
approval by the Planning Board shall not exceed a total of two in
number, shall not exceed 50 square feet in area and shall be removed
within 90 days after the completion of the construction work or within
10 days after issuance of the last certificate of occupancy, whichever
is sooner.
(9)
Signs identifying a permitted professional office
or home occupation. Such signs shall bear only the name of the person
residing on the premises and the profession or home occupation being
conducted on the premises may be illuminated only by a nonflashing
light, shall be situated within the property lines of the premises
it identifies and shall not exceed 160 square inches in area and shall
not exceed 20 inches in any dimension.
B.
Signs permitted in business, office and business service
zones. Within any business, office and business service zones, only
the following signs shall be permitted:
(1)
Any signs permitted in residential zones.
(2)
Signs, including any licenses or permits, required
by law to be exhibited by the occupant of the premises. Required signs
shall not count in the calculation of total sign coverage area.
(3)
Principal signs for the purpose of identifying and advertising the
use of the premises. There shall be no more than one principal sign
for each retail establishment or permitted use therein except where
the following conditions are met and provided that no exterior wall
sign shall have more than three lines of copy:
[Amended 12-11-2012 by Ord. No. 2256-2012]
(a)
Any permitted use within a building having an exterior wall facing
an off-street parking area may have a second principal sign on said
wall. In addition, in any B-2 Zone along Broadway, a secondary sign
referencing a permitted principal use on the street level of a building
may be placed on an exterior wall facing an accessory driveway, provided
that the total number of wall signs referencing a street-level principal
use does not exceed two signs and that the secondary sign have an
area limited to a maximum of 66% of the maximum principal sign area
permitted on the front facade. Alternatively, a single secondary sign
with area limited to 66% of the maximum principal sign area permitted
on the front facade may be placed on such a wall along with a directory
sign which may contain only the names of tenants/occupants and which
may not exceed 35 square feet.
(b)
Any permitted use within a building on a corner lot may have a second
principal sign. One sign shall be located on one street and a second
shall be located on the second or side street, provided that no second
sign shall be permitted on a street facing a residential zone.
(c)
For a corner lot, signs on a facade adjacent to a property utilized
for residential use shall not be illuminated.
(4)
Placement and dimensions.
[Amended 12-11-2012 by Ord. No. 2256-2012]
(a)
All signs, unless a freestanding sign, as hereinafter regulated, shall be installed parallel to the face of the wall to which it is attached and shall not extend more than 10 inches from the structural face of the building wall and shall not be less than seven feet from the elevation of the ground under the sign and shall be rigidly and securely attached hereto. Notwithstanding the provisions of this subsection, nothing contained herein shall be construed to prohibit signs on an awning or canopy as regulated in § 125-41B(9) and (10). In the B-2 Zone along Broadway, no wall sign shall be less than eight feet above the elevation of the ground under the sign.
(b)
The maximum distance from the top edge to the bottom edge of
any attached sign shall not exceed 24 inches; provided, however, that
the maximum distance from the top edge of the lettering on said sign
to the bottom edge of the lettering shall not exceed 16 inches. A
sign consisting of letters only shall not contain any letter that
exceeds 16 inches from the top edge of the letter to the bottom edge
of the letter. Notwithstanding the above, in the B-2 Zone along Broadway,
the maximum distance from the top edge to the bottom edge of any attached
sign shall not exceed 36 inches, and any sign consisting of individual
letters shall not contain a letter than exceeds 36 inches from the
top edge of the letter to the bottom edge of the letter, provided
that there is a fascia or wall behind the letters which extends at
least six inches above, below and to the sides of the lettering. Individual
letters shall be positioned no closer than six inches from window
edges or rooflines, and in no case shall such lettering cover a window
area.
(c)
The maximum width of any attached sign shall not exceed 75%
of the storefront or wall of that portion of the building occupied,
except that where such facade width is less than 15 feet, the maximum
width of any attached sign shall not exceed 90% of said storefront
or wall. Notwithstanding the above, in the B-2 Zone along Broadway,
the following standards shall apply, provided that no such sign shall
exceed a width of 25 feet and an area of 75 square feet:
|
Width of Storefront or Wall in the B-2 Zone
(feet)
|
Maximum Sign Width as a
Percentage of Wall Width
| |
|---|---|---|
|
10 or less
|
90%
| |
|
More than 10 and less than or equal to 20
|
80%
| |
|
Greater than 20
|
70%
|
(d)
Where there is more than one occupant of the building and where each occupant has a separate ground floor entrance, the total area of all signs permitted as hereinafter regulated, taken in the aggregate, shall not exceed the maximum requirements set forth above for each wall upon which any sign is permitted to be erected. In the B-2 Zone along Broadway, no sign shall be located on the wall or the storefront associated with another occupant, except as allowed in Subsection B(3)(a).
(e)
The only signs permitted above the first floor shall be a single
sign for each business establishment, and said sign shall be painted
or affixed on a single window in a single color, and every sign shall
be limited to two lines and each line shall be limited to six inches
in height. There shall be a maximum distance of separation between
the two lines permitted by this subsection of four inches.
(5)
Window signs. Signs painted on, placed or hung within
24 inches from the inside window glass of any building shall be limited
to the following percent of the area of said glass:
(a)
If the front of the building is not more than 50 feet from the
curbline: 25%; if the front of the building is more than 50 feet from
the curbline: 30%. Notwithstanding the above, in the B-2 Zone along
Broadway, no more than 20% of the total area of all windows shall
be covered by window signs, provided that the street address of the
premises shall not be included, and provided that the calculation
of sign area shall be determined by the rectangle which includes the
name, message or symbols intended to be viewed by the public as a
unit.
[Amended 12-11-2012 by Ord. No. 2256-2012]
(b)
Door signs affixed to the window of a door, shall not exceed
7 1/2% of the glass area of the door, which shall not be included
in calculating the permissible coverage for window signs. Notwithstanding
the above, in the B-2 Zone along Broadway, door signs affixed to the
window of a door shall not exceed 10% of the glass area of the door,
provided that the street address of the premises shall not be included,
and provided that the calculation of sign area shall be determined
by the rectangle which includes the name, message or symbols intended
to be viewed by the public as a unit.
[Amended 12-11-2012 by Ord. No. 2256-2012]
(c)
Political signs, signs depicting fund raising
event and signs depicting public events such as parades, fireworks,
meetings, musicales and the like shall not be included in calculating
the permissible window coverage set forth herein.
(6)
Arcade signs shall be no larger than one foot by a maximum of four feet in a direction perpendicular to the building facade. The sign area of an arcade sign shall be included in the total sign area permitted for a particular use as regulated in Subsection B(4)(d) above.
(7)
Freestanding signs.
(a)
In the case of premises on which the structure
is set back at least 40 feet from the front curbline, a freestanding
sign of an area not to exceed 12 square feet per side shall be permitted,
provided, however, that the top of said sign shall not be more than
10 feet above the level of the ground and shall not be located closer
than five feet from the property line.
(b)
In the case of premises on which the structure
is set back not less than 20 feet nor more than 40 feet from the front
curbline, a freestanding sign shall be set back at least 12 feet from
the front curbline, five feet from any side property line and shall
not exceed eight square feet per side.
(c)
The provisions in this section shall not be construed to prohibit freestanding signs accessory to filling and service stations as provided in § 125-41F(4).[1] Any freestanding ground sign such as that which may be
constructed within or as part of a planter box or landscaped area
shall be limited to four feet in height above the ground and shall
be placed on the premises so as not to result in a traffic safety
problem due to inadequate sight angle. Ground signs located in corner
lots shall not exceed 36 inches in height within the sight triangle.
(d)
Notwithstanding the above, a property in the B-2 Zone along
Broadway with a minimum frontage of 200 feet shall be permitted to
have one pylon or freestanding sign having a maximum width of 10 feet,
a maximum sign panel height of eight feet, a maximum area of 72 square
feet, a maximum height to the top of the sign of 15 feet, and a minimum
front setback of 10 feet. Such pylon or freestanding sign shall be
located in a parking lot island, lawn area or landscaped area.
[Added 12-11-2012 by Ord. No. 2256-2012]
(8)
Directory signs. Signs for permitted uses in business districts other
than retail sales and service stores and shops which share a common
entrance shall be limited to tenant identification or directory signs.
Said signs may be lighted, shall be limited to one sign per tenant,
shall be uniform in appearance and shall be made of the same materials
with the same background and contain the same letter type, style and
materials for all other similar signs used by tenants in the building.
Said signs shall not exceed an area of two square feet per sign, nor
a vertical height of eight inches, and where there is more than one
tenant in the building, all of said signs shall be vertically abutting
one another and not indiscriminately placed on the exterior walls
of the building. Notwithstanding the above, a property in the B-2
Zone along Broadway may have one driveway entrance sign at each driveway,
such sign to be located a minimum of five feet from any side property
line and from any right-of-way line. Such driveway entrance sign shall
not exceed two feet in height and four feet in width, shall be at
least two feet above ground level but not more than four feet above
ground level, shall have copy limited to the names of the occupants,
the development name and the street address, and enter and exit designations
and shall not exceed six square feet in area for up to two tenants
and shall not exceed eight square feet in area for more than two tenants.
[Amended 9-19-2000 by Ord. No. 1823-2000; 12-11-2012 by Ord. No.
2256-2012]
(9)
Awning signs. Signs running in a horizontal direction are permitted on the flap or vertical plane of any permitted awning, provided that said sign does not exceed a height of eight inches and said awning shall not extend more than eight feet from the wall of the building to which it is attached and shall not extend more than four feet over the sidewalk. Nothing herein shall permit any sign to be erected in contravention of a more stringent requirement of the Building or Construction Code in effect in the Borough. All awnings shall be made of fabric material such as canvas, exclusive of the structural members, and shall be retractable with a mechanism fully capable of being operative on a daily basis if needed, and the bottom part of said awning shall be no closer than seven feet from the grade below the awning. No horizontal sign shall be permitted which exceeds 1/3 of the length of the flap which runs parallel to the street. No other signs are permitted on the awning. Notwithstanding the above, in the B-2 Zone along Broadway, such awning signs shall be considered secondary signs and shall not exceed a lettering, symbol or logo height of 30 inches and shall not exceed an area of 20 square feet excluding the address of the property and such awning sign and may extend the length of the awning. The limitation of total sign area in Subsection B(4)(c) shall include the area of awning signs.
[Amended 12-11-2012 by Ord. No. 2256-2012]
(10)
Canopy signs. Canopies, which may be constructed of rigid building material, shall not extend more than eight feet from the wall of a building and shall not extend over any sidewalk area within the street right-of-way. Signs running in a horizontal direction are permitted on the vertical plane of any permitted canopy, provided that said sign does not exceed a height of eight inches, does not exceed 1/3 the length of the vertical plane. Nothing herein shall be construed to permit canopies to be constructed closer than 12 inches to the curbline of the street nor to be constructed contrary to the provisions of the Building or Construction Code in effect in the Borough. The sign area of a canopy sign or signs shall be included in the total sign area permitted for a particular use as regulated in Subsection B(4)(d) above. Notwithstanding the above, in the B-2 Zone along Broadway, such canopy signs shall not exceed a lettering, symbol or logo height of 30 inches and shall not exceed an area of 20 square feet excluding the address of the property. The limitation of total sign area in Subsection B(4)(c) shall include the area of canopy signs.
[Amended 12-11-2012 by Ord. No. 2256-2012]
(11)
Marquee signs. Movie or other theaters shall
be permitted to maintain a permanent marquee constructed as an integral
part of said theater building which may contain a sign on three sides
of the marquee advertising the current event or coming attractions
within the movie theater. Letters painted on or applied to a marquee
shall not exceed eight inches in height and shall not project above
or below any face of the marquee. Also permitted within the window
area of said theater are temporary poster signs advertising the current
event or coming attraction within the movie theater.
(12)
Changeable signs customarily used to display
the price of motor fuels at filling stations shall be permitted. The
area of such signs shall not exceed 20 square feet per sign. One two-sided
sign shall be permitted at each street frontage. Such signs may be
either wall mounted or freestanding signs. Said freestanding signs
shall be permitted only within the property line. Such signs shall
include only the type of fuel for sale, the price of such fuel and
the company name or logo. Any other advertising is specifically prohibited
except as otherwise permitted by this chapter. The above-described
price sign and customary identifying signs on motor fuel pumps displaying
fuel and prices shall not be considered principal signs.
(16)
Office and Business Service Districts - exterior
sign. In the case of any permitted exterior sign within the Office
and Business Service (OBS) Zones, the same shall be located on the
facade of the principal structure facing the front yard. The top of
any such sign shall not exceed the roof level. No roof sign shall
be permitted in the OBS Zones.
C.
Signs permitted in industrial zones. Within any industrial
district as established by the Zoning Ordinance of the Borough of
Fair Lawn, only the following signs shall be permitted:
(1)
Any sign permitted in a business district, except
that signs identifying the business are to be placed only on street
facades.
(2)
No new billboards shall be permitted. Any billboard existing prior to the adoption of this chapter shall comply with § 125-41E.
(3)
Ground signs for an industrial park or groups of industries
or offices on one property, set back at least 40 feet back from the
street line, with a forty-square-foot maximum area, 16 feet maximum
height and minimum setback of five feet in an I-1 Zone and 15 feet
in an I-2 Zone.
(4)
One permanent identifying freestanding sign shall
be permitted within the required front yard set back a minimum of
10 feet from the property line. The lowest part of such sign shall
not be higher than two feet above the average ground elevation of
the front year and shall not exceed a height of four feet nor a developed
length of seven feet nor a thickness of three feet. Such signs shall
only bear the business name and/or logo of the premises. The front
face need not be straight but the permitted developed length shall
not be exceeded. The identifying signage may be affixed to any two
faces of the freestanding sign structure.
(5)
Within the I-1 Zone only, for buildings set back 40
feet or more from the street one freestanding ground sign shall be
permitted, with a maximum sign area of 30 square feet per side, maximum
height of 16 feet, minimum distance from the ground to the bottom
of the sign of five feet and a minimum setback from the street and
all property lines of five feet.
D.
Projecting signs. Projecting signs shall be prohibited
in an industrial zone.
E.
Billboards: existing.
(1)
All billboards existing upon the adoption of this
chapter shall be permitted.
(2)
Billboards shall be subject to annual inspections by the construction or zoning official. If the construction or zoning official finds any billboards to be structurally unsound or a danger to public safety, said billboard shall be removed or repaired pursuant to Subsection E(3) below.
(3)
No repairs shall be made to any existing billboard
which exceed 50% of its replacement cost. If such repairs are required,
said billboard shall be removed.
(4)
No billboard may be increased in size.
F.
General prohibitions.
(1)
No sign shall be located or displayed upon any sidewalk,
public or private, or public right-of-way unless such sign is affixed
to the wall of a building abutting that sidewalk or public right-of-way
or such sign is a temporary real estate directional sign, commonly
known as an "open house" sign.
[Amended 9-23-2008 by Ord. No. 2125-2008]
(2)
No sky sign shall be permitted to be painted on the
surface of any roof. No sign otherwise lawful under this chapter shall
be prohibited because of this section.
(3)
No projecting signs shall be erected nor shall any
signs extend over a public right-of-way or over abutting property
lines except signs commonly known as "barber poles," ordinarily used
in connection with barbershops. Any projection of the depth of a sign,
where such projection is 10 inches or less, shall not be considered
in violation of this provision. No sign is to extend above the top
of a roof or parapet.
(4)
No signs shall be in whole or part moving, mobile
or revolving or give the appearance of movement except signs commonly
known as "barber poles" ordinarily and customarily used in connection
with barbershops.
(5)
Except as otherwise specifically provided in this
chapter, no freestanding or portable signs shall be permitted.
(6)
No strings or streamers or flags, banners, pennants, spinners or
strung lights or similar devices strung across, upon, over or along
any premises or building or placed upon or across any property line,
whether as part of any sign or not, shall be allowed within any zone.
Notwithstanding the provisions of this subsection, unlettered and
undecorated pennants, flags, banners and the like shall only be permitted
for grand openings of a new permitted use and shall not be displayed
for a period of longer than 14 consecutive days from the first date
of opening. Similar items may be permitted for a going-out-of-business
sale for a period not to exceed 45 days. Any signs hung for such purpose
shall be installed or placed so as not to extend upon or across any
sidewalk or public street. Items in this subsection shall be registered
with the Borough Zoning Officer, who may issue no-fee permits for
such special events.
[Amended 12-11-2012 by Ord. No. 2256-2012]
(7)
No signs shall be placed to interfere with traffic
and traffic control signs or signals. No signs shall be placed within
a street right-of-way or on utility poles.
(8)
Except as otherwise permitted by this chapter, no
advertising sign or signs shall be permitted except where the advertisement
relates to the use of the premises on which such sign or signs are
located.
(9)
No sign mounted on the roof of a structure or any
sign extending beyond the structure shall be permitted, except in
industrial districts.
[Amended 9-19-2000 by Ord. No. 1823-2000]
(10)
No signs shall have flashing or moving lights
or any attraction device which is animated or fluctuates in light
intensity. Animated signs with neon type illumination are expressly
prohibited.
(11)
Marquee signs, except those affixed to theaters,
shall be prohibited.
(12)
No signs shall be erected or painted or composed
of fluorescent or phosphorescent or similar material.
(13)
No sign shall be placed or painted on any tree
or rock.
(14)
The use of beacons or searchlights except by
duly authorized services such as police, fire, emergency management
or like agencies is prohibited.
(15)
Inflatable signs and the use of tethered balloons and umbrellas
for advertising are prohibited. Notwithstanding the above, in the
B-2 Zone along Broadway, inflatable signs and the use of tethered
balloons and umbrellas for advertising are prohibited except for temporary
events not exceeding three days in duration and for not more than
four occasions per calendar year. Such items may be roof-mounted.
[Amended 12-11-2012 by Ord. No. 2256-2012]
(16)
It shall be unlawful to use a vehicle or trailer
as a sign. This chapter shall not apply to vehicles/equipment in operating
condition, currently registered to operate on public streets when
applicable and actively used in the daily function of a business to
which the signs relate, nor to vehicles or equipment whose primary
purpose is not the display of signs.
(17)
With the exception of those signs authorized by § 125-41A(2) above, no sign shall be affixed to or erected upon historic sites listed on the National or State Register of Historic Places or identified by the County of Bergen as a site possessing historical value.
(a)
prohibition shall apply to the following sites
listed in the Master Plan of the Borough of Fair Lawn:
[1]
G.V.H. Berdan House, 12-19 River Road.
[2]
R.J. Berden House, 24-07 Fair Lawn Avenue.
[3]
Cadmus House, 14-01 Pollitt Drive.
[4]
Garretson Farm and Forge, 4-02 River Road.
[5]
Naugle-Vanderbeck House, 42-19 Dunkerhook Road.
[6]
Radburn-Fair Lawn Railroad Station, 13-99 Pollitt
Drive.
[7]
J. Vanderbeck, Jr. House, 41-25 Dunkerhook road.
[8]
Washington School, 5-01 Bergen Avenue.
[9]
P. Demarest House, 13-19 Fair Lawn Avenue.
[10]
Warren Bronze and Aluminum Factory
and house, 13-28 Second Street and d13-20 Third Street.
[11]
Smokehouse, 14-03 Fair Lawn Avenue.
[12]
Columbia Heights Community Church
and Columbia Heights Hose Company, 83 and 97 Heights Avenue.
[13]
Acker Estate, Lamrings Dairy,
16-23 River Road.
[14]
Terhune Houses, 0-78 and 0-82
Saddle River Road.
(b)
This subsection shall not apply to properties
located within the Radburn Historic District.
G.
Signs which are exempt from all provisions of chapter
except permit provisions. The provision and regulations of this chapter
shall not apply to the following signs:
(1)
A professional nameplate affixed to the door or adjacent
wall of premises so used, not to exceed eight inches by 20 inches
per professional occupant.
(2)
A bulletin board not exceeding 20 square feet in area
for public, charitable or religious institutions when located upon
premises of said institutions, said bulletin board to be in addition
to any sign or signs permitted under this chapter.
(3)
A memorial sign or tablet or a sign indicating the
name of a building or the date of its erection when cut into any masonry
surface or when constructed of bronze or other noncombustible material.
(4)
The following signs, customary and necessary to the
operation of filling and service stations: Lettering on buildings
displayed over individual entrance doors consisting of the words "washing,"
"lubrication," "repairing" or the words of similar import, provided
that there shall not be more than one such sign over each entrance
and that the letters not exceed six inches in height; lettering or
other insignia, which are a structural part of a gasoline pump, consisting
only of a brand name, legal warning sign and other signs as required
by law; a credit card sign not exceeding two square feet in area,
affixed to the building; a sign attached to each gas pump with the
price of the product as required by law; one nonrevolving sign bearing
the brand or trade name of the station, of a design specified by the
manufacturer, permanently affixed to the building or its own metal
substructure, such sign not to exceed 30 square feet in area on each
side or 60 square feet in aggregate area if both sides shall have
signs thereon and which sign, whether affixed to a building or on
its own substructure, shall not exceed 18 feet in height overall.
(5)
Signs of every kind and nature erected by or on behalf
of the United States of America, the State of New Jersey, the County
of Bergen and the Borough of Fair Lawn, traffic controls in private
ways and parking lots, signs for civic clubs and organizations, legal
notices, ordinary and customary railroad station and crossing signs
or other signs required by law; signs that are affixed or attached
to streetlight poles which are leased by the Borough or owned, operated
or controlled by the Broadway Improvement Corporation in the Fair
Lawn Special Improvement District relating to Broadway, which signs
are authorized or approved by the Broadway Improvement Corporation.
[Amended 12-18-2001 by Ord. No. 1879-2001; 10-25-2005 by Ord. No. 2033-2005]
(6)
Real estate, construction and temporary signs.
(a)
Signs customary and necessary in the offering
of real estate for sale or to let by the owner thereof in one-family,
two-family and multifamily zones not to exceed four square feet in
area per face limited to a two-face sign.
(b)
Signs customary and necessary in the offering
of real estate for sale or to let in retail business and general business
zones not exceeding a total of 16 square feet in area.
(c)
Signs customarily used to indicate that real
estate offered for sale or to let has been sold or leased by the real
estate agent or broker concerned in retail business and general business
zones not to exceed 16 square feet in area and not to be maintained
more than seven days after a contract of sale or lease of the premises
has been executed by both parties to the transaction.
(d)
Temporary signs, customary and necessary in
connection with the erection of buildings or other construction work
shall be limited to one sign for each construction project to include
only the identification of the project, the building and subcontractors.
Such signs may be freestanding or attached to the premises but shall
not exceed nine square feet in area and shall be removed at the completion
of construction.
(e)
Temporary signs for public, charitable, holiday
or patriotic purposes, provided the same do not violate the size,
placement or construction provisions of this chapter. These signs
shall not be erected for more than 45 consecutive days.
H.
Political signs. A permit shall not be required for
the erection or maintenance of a political sign as to its content,
but the sign shall otherwise conform to the requirements of the chapter
as to size, shape and other physical requirements thereof. Such signs
shall be removed no later than 10 days after the date of the election
to which they pertain.
I.
Illuminated and neon signs.
(1)
Any sign permitted by the provisions of this chapter or allowed pursuant
to a sign exemption granted under the provisions of this chapter may
be nonilluminated or nonflashing illuminated, as provided under specific
sections herein, except that real estate signs shall be nonilluminated.
Illuminated signs shall have their source of illumination shielded
in such a manner that the light is not visible from the street or
neighboring property. Any sign permitted herein shall not exceed 5%
of the square footage of the window to which it is displayed and shall
not be displayed on any other part of the structure. Notwithstanding
the above, in the B-2 Zone along Broadway, any sign permitted herein
shall not exceed 20% of the area of the window within which it is
displayed or six square feet, whichever is less. Light-emitting diode
(LED) signs are permitted, provided that such signs do not result
in a flashing or moving effect.
[Amended 12-11-2012 by Ord. No. 2256-2012]
(2)
Exterior signs illuminated by neon or fluorescent
tube lamps shall be designed to fully contain all glass elements in
the event of breakage.
(3)
Illuminated signs facing residential zone(s) shall
be extinguished by 11:00 p.m. or time of closing, whichever is later.
Notwithstanding the foregoing, the construction or official, with
the consent and advice of the Chief of Police, may authorize lighting
specifically designed for the safety and protection of properties
otherwise subject to this subsection, which lighting, when so authorized,
shall be exempt from the provisions hereof.
(4)
Illuminated signs may be directly or indirectly lighted,
provided that they comply with the following standards:
(a)
In the case of directly lighted signs, illumination
of any sign shall be of the diffused lighting type. No sign shall
be lighted by means of flashing or intermittent illumination.
(b)
In the case of indirectly lighted signs, any floodlights or spotlights used for illumination, whether or not such lights are attached to or separate from the building, shall not project light beyond the sign. Gooseneck reflectors and lights shall be permitted with proper glass lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property. An illuminated interior sign located within 24 inches of the window of the building shall, if visible from the street or adjacent properties, meet all the requirements of this section and the area thereof shall not, either by itself or cumulatively with any other exterior or interior illuminated sign or signs hereby permitted, exceed the total area permitted for exterior signs as regulated in § 125-41B.
(c)
In no instance shall the light intensity of
any illuminated sign exceed 75 footcandles measured with a standard
light meter measured at any point in front of the sign at a distance
that is no greater than the smallest horizontal or vertical dimension
of said sign. There shall be no electric conduit located on the exterior
facade of a building used to provide electric power to any sign.
(d)
The Planning Board or Zoning Board of Adjustment,
as appropriate, shall review all signs to be installed that are accessory
to any application for development processed by it and the Board shall
review and approve the intensity of light of all such signs.
J.
Sign erection permits.
(1)
Permit required. Except as otherwise specifically
permitted under the provisions of this chapter, it shall be unlawful
for any person to erect or relocate any sign without first obtaining
a sign erection permit from the construction or zoning official. The
construction or zoning official shall issue permits only for such
signs as are permitted for the particular premises and district pursuant
to the provisions of this chapter which shall govern unless otherwise
permitted by a sign variance.
(2)
Application. the form of application for a sign erection
permit shall be provided by the construction or zoning official in
triplicate and shall contain or have attached the following information:
(a)
Name, address and telephone number of the applicant.
(b)
Location of premises on which or to which the
sign is proposed to be erected or attached.
(c)
Position of the sign, indicating its relation
to its premises and adjoining premises.
(d)
Blueprints or ink drawings of the plans and
specifications and method of erection and attachment to the premises
or a photograph of the actual sign in lieu thereof and such information
as the construction or zoning official may reasonably require to indicate
the work to be performed and to show full compliance with this or
all other relevant and applicable laws and ordinances of the Borough
of Fair Lawn.
(e)
Name of the person performing the work.
(f)
Written consent of the owner or lessor of the
premises, if the applicant is not the owner or lessor.
(g)
The application for the electrical permit, if
any, required by ordinances of the Borough of Fair Lawn.
(3)
Fees. Fees for the permit shall be in accordance with Chapter 85, Uniform Construction Codes, and amendments thereto.
(4)
Permit issued if application is in order. If the application
is in order, the construction or zoning official shall issue the permit.
No permit will be issued unless the proposed structure is in compliance
with all the requirements of this chapter and all other laws and ordinances
of the Borough of Fair Lawn. If the sign authorized under the permit
has not been erected within six months after date of issuance, the
permit shall become null and void. Within 14 days of completing the
installation of any sign approved under the provisions of this subsection,
the applicant shall submit a photograph of said sign to the construction
or official for the purpose of establishing a record of the final
design and placement of said sign. The photograph shall indicate the
date of installation and shall show the placement of the sign on the
site and shall be signed by the applicant and stamped with the date
it is received by the construction or official.
(5)
Site plan for any project for which a site plan is
otherwise required, there shall be submitted with said site plan a
complete sign application.
(6)
Exemptions from applications. Signs permitted under § 125-41A(2), (3), (4), (5), (6) and (8) and § 125-41B(5) and those signs limited to show membership in a retail or professional organization, credit card or credit association or plan and /or show manufacturers or legally required licenses attached to or painted on a store window or windows on the exterior or interior of any structure shall not require applications or the payment of any license fees or charges. The total area of such sign or signs shall not exceed 20% of the window space or 7 1/2% of any door. This subsection shall not be construed to enlarge the scope of permitted and exempted signs nor to diminish the power of the construction or official to enforce this chapter.
K.
Maintenance and removal of signs. All signs shall
be maintained in good condition and repair. No person shall permit
the following conditions to exist with respect to any sign owned or
controlled by such person or with respect to any sign located on premises
owned or maintained by such person or occupant.
(1)
Chipped or peeling paint.
(2)
Torn paper or broken or damaged lettering or material
of any kind.
(3)
Illegible material, whether by reason of fading, obliteration
or any other condition.
(4)
Within 60 days following the termination of any occupancy
or use of any premises, any nonconforming sign located on the premises
which identified or advertised such occupancy or use shall be removed
unless the new occupancy causes no change in the existing sign other
than text.
L.
Revocation of permit and/or removal of signs.
(1)
When any sign becomes insecure, in danger of falling or otherwise unsafe or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this chapter, the owner thereof or the person or firm maintaining same shall, upon written notice of the construction or zoning official, remove the sign forthwith in case of immediate danger or within 24 hours in the case of banner and temporary signs and in any case shall within not more than 10 days, make such sign conform to the provisions of this chapter or shall remove it. The removal of a nonconforming sign shall terminate the right to re-erect said sign. The preceding notice of 24 hours by the construction or zoning official shall not be applicable for any sign that is in violation of § 125-41F(1) and the construction or zoning official or their designee may cause the immediate removal of said temporary sign. In addition to any penalty as set forth in this chapter, the construction or zoning official, their designee or any law enforcement officer shall have the authority to confiscate any temporary sign in violation of § 125-41F(1) and subsequent to confiscation, said sign shall only be returned to its lawful owner upon a payment of a fee to the Borough in the sum as set from time to time by resolution of the Borough Council, which fee shall be in addition to any fine or penalty imposed under this chapter.
(2)
Written notice, as set forth above, shall be mailed
by the construction or zoning official to the owner or lessee of the
premises by certified mail, return receipt requested, ordinary mail
or served personally. If within 10 days following receipt of such
letter or notice or within such shorter time as may be specified in
the letter or notice the owner or lessee fails to comply with the
order, the construction or zoning official may revoke the permit or
repair the sign at the expense of the owner or lessee or issue a summons
for the violation. The written notice issued shall remain in effect
for a period of one year from the date of receipt by the owner or
lessee. Said notice shall bear the following statement in bold type
and underlined:
|
NOTICE SHALL REMAIN IN EFFECT FOR A TIME PERIOD
OF ONE YEAR FROM THE DATE OF RECEIPT. ANY FURTHER VIOLATION OF THIS
CHAPTER SHALL BE CAUSE FOR THE CONSTRUCTION OR ZONING OFFICIALS TO
REVOKE THE PERMIT OR REMOVE OR REPAIR THE SIGN OR ISSUE A SUMMONS
FOR ANY VIOLATION PREVIOUSLY CITED WITHOUT FURTHER NOTICE.
|
(3)
In case the construction or zoning official shall
be required to remove any sign as herein provided, he/she shall keep
a record of the cost of such removal and the owner of such sign shall
be liable thereof.
(4)
No act of the construction or zoning official in connection
with the inspection and maintenance of such signs shall relieve the
owner of the premises or the sign owner from his/her responsibility
for maintaining the sign in a safe condition or make the Borough of
Fair Lawn liable in case of damage or injury relating to it.
M.
Enforcement; removal; costs; false advertising.
(1)
If any person is convicted of a violation of this
chapter under this section, and the sign or signs shall continue as
violations despite said conviction, then, upon the expiration of the
time for appeal as provided by law, if no appeal has been taken, or
upon conviction by the Superior Court, if an appeal has been taken,
the construction or zoning official may serve an additional 10 days'
or shorter period notice upon the person so convicted to require him
to remove the sign or signs in violation, and if said sign or signs
shall not have been so removed upon the expiration of the 10 days
or shorter period, the construction or zoning official shall have
the power to remove the sign or signs or cause the same to be removed
without further notice but at the sole expense of the owner of the
premises. In such event, the owner shall save the construction or
zoning official harmless and free from liability for damage to said
sign.
(2)
When the Borough has effected the removal of a sign in accordance with Subsection M(1) or Subsection K above, or has paid for its removal, the actual cost thereof, plus accrued interest, at the rate of 12% per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the Borough, and said charge shall be due and payable by said owner at the time of payment of such bill.
(3)
Where the full amount due the Borough is not paid
by such owner within 20 days of the rendering of a bill therefor for
the removal of the sign, the construction or zoning official shall
cause to be recorded in the Tax Collector's and Clerk's office of
the Borough a sworn statement of the expense incurred for the work,
the date of the work and the location of the property on which said
work was done. The recordation of said statement shall constitute
a lien on the property and shall remain in full force and effect for
the amount due in principal and interest, plus any costs of court,
for collection until final payment has been made. Said costs and expenses
shall be collected in the manner fixed by law for the collection of
taxes. Sworn statements recorded in accordance with these provisions
shall be prima facie evidence that all legal formalities have been
complied with and that the work was properly performed and shall be
full notice to every person concerned that the amount of the statement,
plus interest, constitutes a charge against the property designed
or described in the statement and that the same is due and collectable
as provided for by law.
(4)
False advertising. It shall be unlawful for any person
to intentionally erect, locate, relocate or maintain any sign which
falsely identifies the premises or occupancy of any premises or in
any building, or which falsely advertises for sale on any premises
or in any building any product no longer available therein, and a
violation of this subsection shall subject the violator to the penalty
provision of this chapter after due notice as required therein. In
addition, if any person is convicted of a violation of this chapter
under this section because of violation of this subsection, and the
sign or signs shall continue as violations despite said convictions,
then, upon the expiration of the time for appeal, as provided by law,
if no appeal has been taken, or upon conviction of the Superior Court,
if an appeal has been taken, such sign no longer advertising a bona
fide business conducted, or a product sold on the premises shall be
taken down and removed by the owner, agent or person, having the beneficial
use of the premises upon which such sign may be erected within 10
days after further written notification from the construction or zoning
official, and upon failure to comply with such notice within the time
specified by such order, the construction or zoning official shall
have the power to remove the sign or cause the same to be removed
without further notice, but at the expense of the owner of the premises.
N.
Nonconforming signs. Any sign existing at the time
of the passage of this chapter which violates any provision hereof
shall be deemed a nonconforming use and may be continued, maintained
and repaired upon the present premises, provided, however, such sign
was lawful under any prior ordinance. Any legal nonconforming sign
on any premises involving a change in physical appearance of the sign
shall revoke the nonconforming rights as soon as the physical appearance
of the sign is changed in any manner whatsoever. Nothing contained
herein shall be construed to prohibit the normal maintenance of a
legal nonconforming sign such as bulb replacement, painting or the
replacement of existing letters. Any sign unlawful under any prior
ordinance shall remain unlawful unless it complies with the provision
of this chapter and there is issued by the construction or zoning
official, a sign erection permit therefor. Where a nonconforming sign
or signs relative to the use of the premises to which it is affixed
exists and the user of the premises vacates the premises or changes
the use, the nonconforming sign or signs shall be removed any other
sign or signs relating to a new use of the premises shall conform.
A.
Lots in two districts. Where a district boundary line
divides a lot in a single or joint ownership of record at the time
such line is adopted, the regulations for the less restricted portion
of such lot shall extend not more than 20 feet into the more restricted
portion, provided the lot has frontage on a street in the less restricted
district.
B.
Business entrances on residential streets. Where a
residential district is bounded by a portion of a business or industrial
district, any side street extending through such residential district
shall not be used for any business purposes except as herein set forth.
The business or industrial structure erected in such business or industrial
district shall not face or open upon such side street except that
show windows in the business structure may be built and exposed upon
the side street within the business or industrial district. Entrances
to such business or industrial structure shall not face on the side
street, except that entrances to the upper stories of a business structure
may face upon such side street and except also that entrances may
be located adjacent to off-street parking areas provided for such
business or industrial structure.
C.
Yard transition.
(1)
Side yard and rear yard transition. Where a lot in
a business or industrial district abuts a lot in a residential district
there shall be provided along such abutting lines a yard equal in
width or depth to that required in the residential district or equal
to the yard requirements in the Schedule of Area, Yard and Building
Requirements,[1] whichever is greater.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
(2)
Front yard transition. Where the frontage on one side
of a street between two intersecting streets is zoned partly as residential
and partly as business or industrial, the front yard depth in the
business or industrial district shall be at least equal to the required
front yard depth of the residential district.
D.
Corner lot transition. On every corner lot in a residential
district, there shall be provided on the side street a side yard equal
in depth to the required front yard depth on such side street.
E.
Buffer zone transition. Where a building will be constructed,
altered or use changed on a lot in a OBS, business, industrial or
multiple-family district or use and such lot abuts a lot in a residential
district, there shall be provided between such districts or use within
the business, OBS, industrial lot the following buffer strips or multifamily:
F.
A minimum of 10 feet immediately contiguous to or
abutting the residential district whether in the side yard or rear
yard or both, shall be fully landscaped as described below. This requirement
shall apply to the following uses allowed in a business district:
restaurant or other eating or drinking place, theater, bowling alley
or similar recreational use, car wash, automobile sales agency, small
animal hospital, bus terminal, automobile parking lot for gain and
super market (a store having an area of 7,500 square feet or more).
G.
In all areas used for purposes other than specific uses set forth in Subsection A above, there shall be a minimum buffer strip of five feet, whether in the side or rear yard or both, fully landscaped as described below.
H.
All buffer strips as described in Subsections A and B above, shall have a minimum width of five feet of dense, evergreen, i.e., verdant throughout the entire year, plantings along the outside edge of said strip five feet in height at the time of planting, which shall be spaced four feet on center. The remainder, if any, of the buffer strip shall be landscaped in a manner approved by the reviewing agency. Such buffer strips shall in no way be used for storage of any kind or for the overhang of cars parked adjacent to the buffer strip.
I.
The issuance of a certificate of occupancy with respect to a buffer strip in a transition zone is conditioned upon compliance with the requirements of § 125-42E and the approval of the construction official. No cash or bond shall be required. However, if the Code Enforcement Officer shall make a determination of noncompliance, he/she shall also then be authorized to revoke the certificate of occupancy. This amendment applies to all bonds or cash presently deposited or in effect and authorizes their return.
J.
The construction official is authorized to enforce
the provisions of this section whenever the buffer strip is not being
maintained as described above.
Outdoor cafes shall be permitted only in accordance
with the following regulations:
A.
Zoning approval required.
[Amended 11-27-2001 by Ord. No. 1876-2001; 5-13-2003 by Ord. No. 1952-2003]
(1)
Approval for an outdoor cafe shall be obtained by
filing an application of approval with the Zoning Official of the
Borough.
(3)
The application for approval shall include all of the information required by the Zoning Official, consistent with Subsections B and C hereof and shall also require a sketch (but not necessarily a survey) of the proposed location of the outdoor cafe. The sketch shall reasonably inform the Zoning Official of the placement of the tables, chairs or other equipment to be utilized by the outdoor cafe. The application shall also provide that the applicant shall locate trash containers outside the applicant's premises during the time of operation of the outdoor cafe.
(4)
An approval shall be granted for one year, and any
subsequent applications for renewal of the approval shall be made
to the Zoning Official and shall be approved, provided no substantial
changes have been made to the previously approved application. In
the event that any substantial changes have been made, the renewal
application shall specifically recite them to the Zoning Official,
who shall review the application as if the application were submitted
in the first instance.
B.
Design standards.
(1)
The outdoor cafe shall be located directly in front
of the eating establishment within the area defined by the exterior
of each side line of the eating establishment.
(2)
A minimum of five feet of unobstructed paved surface
shall be available for pedestrian traffic around or through the cafe.
(3)
Doors leading from the eating establishment shall
not be obstructed.
(4)
Each approval-holder is responsible for keeping the
area of outdoor cafe and the adjacent walks and streets free and clear
of any debris or litter occasioned by the cafe. Areas must be cleaned
as needed and at the time that business is closed and at the beginning
of each business day, but not later than 9:00 a.m.
(5)
No vending machines of any kind are permitted on the
exterior of any building operating an outdoor cafe.
(6)
Signs. No signs shall be permitted in the area of
the outdoor cafe except signs complying with the sign regulations
contained in this chapter. Outdoor umbrellas located in the outdoor
cafe shall be exempt from the sign regulations.
C.
Operation.
(1)
Outdoor cafes. Outdoor cafes shall be permitted generally
to operate from March 1 to November 15 and on any other day that avoids
inclement weather and allows for comfortable and safe use of the facilities.
[Amended 6-20-2017 by Ord. No. 2437-2017]
(2)
No tables, chairs or other equipment used in the outdoor
cafe shall be attached, chained or in any manner affixed to any tree,
post, sign, curb or sidewalk or property of the Borough of Fair Lawn
within or near the approved outdoor cafe area. Tables and chairs shall
be taken inside at night and at times during the season when the outdoor
cafe is not in operation. Any other appurtenances shall be either
secured or taken inside at night and at times during the season when
the outdoor cafe is not in operation.
(3)
The approval-holder shall not direct or permit to
be directed to or from the area occupied by the outdoor cafe any bell,
chime, siren, whistle, loudspeaker, public address system, radio,
sound amplifier or similar device.
(4)
The outdoor cafe may remain open simultaneously with
the hours of operation of the eating establishment to which it belongs.
All persons occupying the outdoor cafe shall vacate the cafe within
15 minutes of the close of business of the eating establishment.
(5)
In recognition of parking requirements associated
with restaurant and outdoor cafe uses, no more than 20 seats or 70
percent of the indoor seats of the establishment of which the outdoor
cafe belongs, whichever is smaller, shall be permitted in the outdoor
cafe. No additional parking spaces shall be required for outdoor seating.
Off-street parking requirements shall be in conformance with § 125-48.
[Amended 11-27-2007 by Ord. No. 2096-2007]
A.
ACCESSORY BUILDING
BUFFER AREA
CALIPER
DIAMETER OF POINT OF MEASUREMENT (DPM)
DRIP LINE
LANDMARK TREE
MATURE TREE
MINOR TREE
PERSON
PRINCIPAL BUILDING
PUBLIC TREE
PUBLIC UTILITY
SHADE TREE ADVISORY COMMITTEE
SHRUB
SPECIES
STRUCTURE
SUPERVISOR
TREE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A building or structure the use of which is incidental to
that of the main building and which is located on the same property.
The area along the side yard or rear yard of any lot within
three feet of the property line.
The diameter of a tree trunk measured in inches.
The diameter of a tree measured 4 1/2 feet (forestry
method) above the ground level on the downhill side for existing trees.
Trees utilized in the replacement of existing trees or proposed as
part of a landscape plan shall be measured 12 inches above ground
level for trees with a four-inch caliper or less.
An imaginary line on the ground beneath a tree, the location
determined by extending a vertical line from the outermost branches
of a tree to the ground.
Any tree designated and identified as such by the Council pursuant to the standards set forth in § 125-45N.
A deciduous tree with a mature height of at least 50 feet
which should be a caliper of at least 12 inches measured at six inches
above the ground level when planted (e.g., red, Norway, silver or
sugar maple; sweet gum; London plane; American sycamore; white, red
or pin oak; American elm; copper beech; or other mature tree approved
by the Borough) or any of a group of conifer trees with a caliper
of six inches or greater at the time of removal (e.g., cedar, cypress,
arborvitae, cryptomeria, dawn redwood, fir, spruce, larch or pine).
A coniferous tree, ornamental tree or other small tree at
least five feet in height at time of planting (e.g., birch, dogwood,
Japanese maple, cherry, crabapple, magnolia, or any of a group of
conifers such as cedar, cypress, arborvitae, cryptomeria, dawn redwood,
fir, spruce, larch or pine) or other minor tree approved by the Borough.
The owner of a parcel of real estate or any other individual,
group, company, firm, corporation, partnership, association, society
or other legal entity.
The main building constructed for occupancy or use on the
property.
Any tree located on lands owned or controlled by the Borough
or by any other governmental body, or located within a public right-of-way.
Any public utility regulated by the Board of Regulatory Commissioners
as defined pursuant to N.J.S.A. 48:2-1.
The Committee established by resolution of the Borough Council
for the purpose of advising the Council and Supervisor concerning
the preservation of shade trees within the Borough.
A low, usually several-stemmed woody plant.
The common name of the tree.
A combination of materials forming a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
Collectively, the Borough Manager and Superintendent of the
Department of Public Works.
Any deciduous or coniferous species of woody plant that reaches
a mature height of 12 feet or more and has a minimum DPM of six inches
or greater at maturity.
[Amended 10-28-2008 by Ord. No. 2126-2008]
B.
Regulation of public trees. The regulation of public
trees shall be exercised by the Supervisor, who shall have the power
to:
(1)
Control the planting, care and protection of such
trees.
(2)
Regulate the use of the ground surrounding such trees
as far as may be necessary to ensure their proper growth, care and
protection.
(3)
Require the removal of such trees or parts thereof
which are deemed to be dangerous to public safety, electric power,
gas lines, waterlines or other public improvements, or which harbor
a disease or infestation readily communicable to neighboring healthy
trees, or for any reason in the exercise of a reasonable discretion
and within the purpose of this section.
(4)
Require, at the property owners' expense, the placement
of protective devices around public trees so as to effectively prevent
injury to such trees during the erection, razing, removal or alteration
of any structure or during the excavation or alteration of any existing
grade.
(6)
Require the removal of, or remove, dead trees.
(7)
Prune such trees according to accepted technical methods
used by qualified arborists, including measures to prevent the spread
of disease.
(8)
Maintain a tree inventory of planted, removed and
pruned trees.
C.
Regulations relating to planting trees or shrubs on
public land by private citizens. No person shall plant a tree or shrub
on public rights-of-way unless such planting is authorized by the
Supervisor, after consultation with the Shade Tree Advisory Committee,
in accordance with the following standards and procedures. The Supervisor
shall promulgate the following:
(1)
An approved list of trees that will be permitted by
type and minimum size.
(2)
Planting specifications.
(3)
Procedure and fee schedules to defray the cost of
administrative review and provide for the posting of maintenance guaranties.
No such procedures shall supersede, however, the provisions of maintenance
guaranties, set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq., with respect to the development of land.
(4)
An application procedure that will permit expeditious
review and approval/disapproval.
D.
Tree topping of public trees prohibited. It shall
be unlawful for any person to top a Public Tree. "Topping" is defined
as the severe cutting back of limbs to stubs larger than three inches
in diameter within the tree's crown to such a degree so as to remove
the normal canopy and disfigure the tree.
E.
Other prohibitions. No person shall:
(1)
Except as otherwise permitted, plant or permit the
planting of any bush, vine, hedge, shrub or other plant life, except
trees and grass within the sidewalk area of any street.
(2)
Plant any shade or ornamental tree in the sidewalk
area of any street without first having secured the approval of the
Supervisor as to the type of tree and the location of such planting.
(3)
Plant or permit to be planted any poplar or willow
tree within 50 feet of any street line or sanitary or storm sewer.
(4)
Fasten any electric wire or wires upon any shade tree
on any public street.
(5)
Climb any tree on any public streets or places by
the use of spurs or other instruments which perforate or injure the
bark of such tree.
(6)
Destroy, mutilate or injure any such tree.
(7)
Attach any sign by nailing, stapling or use of other
hardware which penetrates the bark of any tree located within public
rights-of-way.
(8)
Affix a mailbox to any tree located within public
rights-of-way.
(9)
Remove or cut down any shade tree located upon any
of the public streets or places without a permit therefore issued
by the Zoning Officer with approval of the Supervisor.
(10)
Trim or remove any tree located within a public
right-of-way or easement or publicly owned or controlled property
unless such activity is being conducted by the Borough or any public
utility.
F.
Prohibited activities on private property.
(1)
No person shall cut down or remove any tree of a caliper
of four inches or greater (measured at a height of 4 1/2 feet
above the ground) or engage in any site clearing without a tree removal
permit issued by the Zoning Officer, with approval of the Supervisor,
except as otherwise provided herein below.
(2)
No person shall remove any tree for the construction
or contemplated construction of any building, building addition, driveway,
recreation area, patio or anything else for which a construction or
zoning permit is required until a tree removal permit has been obtained
from the Zoning Officer, with approval of the Supervisor, except on
a lot where a development application has been approved prior to the
effective date of this section and which approval contemplated the
tree removal, and except as otherwise provided herein below.
(3)
No person shall remove any tree designated as a landmark
tree pursuant to the standards set forth herein without the prior
approval of the Council.
(4)
Prior to the removal of any tree of a caliper of four
inches or greater, measured at a height of 4 1/2 feet above the
ground, that is located within a buffer area as defined herein, the
property owner or any other person must first obtain a tree removal
permit from the Zoning Officer, with approval of the Supervisor, and
satisfy the tree mitigation requirements contained herein.
G.
Exceptions to requirement of tree removal permit.
(1)
Notwithstanding the restrictions contained in the above § 125-45F(1), (2) and (4), the following activities shall be permitted subject to a fourteen-day prior notice to the Zoning Officer for review and confirmation of exemption:
(a)
In consultation with the Supervisor, the removal
of not more than three trees with a minimum caliper of four inches
per lot within a twelve-month period, said lot being delineated on
the Tax Assessment Map of the Borough.
(b)
The removal of trees in accordance with any development application or soil movement permit approved by the Planning Board or Zoning Board, so long as the approval includes mitigation by replanting consistent with § 125-45J(4) hereof, and further provided that said development application or soil movement permit has been submitted by the Planning Board or Zoning Board to the Shade Tree Advisory Committee for the Committee's review and recommendation of such development application.
(c)
The removal of trees which are diseased, dead,
partially or completely fallen by acts of nature or which endanger
public safety on private property.
(d)
The removal of trees necessary to construct any structure for which a permit has been issued by the Construction Official, so long as the approval includes mitigation by replanting consistent with § 125-45J(4) hereof.
(2)
In the case of an emergency, notice shall be given
as reasonably as possible prior to the removal of any tree, but not
later than 48 hours after said removal.
H.
Application procedure.
(1)
Approved development application. Application for
a tree removal permit for site clearing or other tree removal purposes
pursuant to an approved development application shall be made by submission
of the following:
(a)
An original and two copies of an application
on forms provided by the Borough containing the following information:
name and address of the property owner; the street address and tax
lot and block of the property in question; the number of trees to
be removed; and such other information as may be required.
(b)
An original and two copies of a tree removal
plan consisting of a survey showing the location of all trees on the
property of a caliper of four inches or greater, and the location
of all trees to be removed, the species of such trees, and their caliper,
together with the distance, up to 15 feet, that trees proposed to
be removed are located from such structures and from property lines.
(c)
An original and two copies of a tree mitigation plan, if mitigation is required pursuant to § 125-45J(4) hereof, consisting of a survey showing the location of all trees to be planted, the species of such trees and their caliper or size as required.
(d)
An original and two copies of a separate list
of the trees to be removed identifying each tree on the tree removal
plan by species and caliper, and stating the condition of each tree
as dead, poor, or good, and further explaining why removal is felt
justified under the standards of this section.
(e)
The property owner shall place a one-inch-wide
red ribbon around the trunk of each tree to be removed at a height
of 4 1/2 feet above the ground so that the proposed tree removal
may be inspected in the field.
(2)
Building or zoning permit without development application.
Application for a tree removal permit for tree removal purposes shall
be made by submission of the following:
(a)
An application on forms provided by the Borough
containing the following information: name and address of the property
owner; the street address and tax lot and block of the property in
question; the number of trees to be removed; and such other information
as may be required.
(b)
A plan consisting of a survey showing the location
of all trees on the property of a caliper of four inches or greater,
and the location of all trees to be removed, the species of such trees,
and their caliper. The plan must show the location of any building,
building addition, foundation, driveway, recreation area or any site
condition that warrants the proposed tree removal.
(c)
The property owner shall place a one-inch-wide
red ribbon around the trunk of each tree to be removed at a height
of 4 1/2 feet above the ground so that the proposed tree removal
may be inspected in the field.
(3)
Tree removal within buffer area. Application for a tree removal permit for purposes pursuant to § 125-45F(4) hereinabove shall be made by submission of the following:
(a)
An application on forms provided by the Borough
containing the following information: name and address of the property
owner; the street address and tax lot and block of the property in
question; the number of trees to be removed; and such other information
as may be required.
(b)
A plan consisting of a survey showing the location
of all trees within the buffer area of a caliper of four inches or
greater, and the location of all trees to be removed, the species
and caliper of such trees, and the reason for removing each tree.
The plan must show the locations of any buildings, driveways, or other
permanent structures.
(c)
The property owner shall place a one-inch-wide
red ribbon around the trunk of each tree to be removed at a height
of 4 1/2 feet above the ground so that the proposed tree removal
may be inspected in the field.
I.
Fees. The fee for a tree removal permit shall be as provided in § 94-12I.
[Amended 1-29-2013 by Ord. No. 2261-2013]
J.
Standards for application review. The following standards
for review of applications shall apply:
(1)
Permitted removal. No tree of a caliper of four inches
or greater (measured at a height of 4 1/2 feet above the ground
shall be permitted to be removed unless the tree is:
(a)
Located within the building footprint of a new
construction of a proposed principal building;
(b)
Located between the curblines of a proposed
roadway;
(c)
Located within the proposed roadway right-of-way
but outside the curbline of a proposed roadway;
(d)
Dead or poses a safety hazard, subject to mitigation
as hereinafter provided;
(e)
Located within 15 feet of any building, subject
to mitigation as hereinafter provided;
(f)
Located within the area of the proposed driveway,
walkway, utility line, accessory building, or any other structure
subject to mitigation as hereinafter provided; or
(g)
Specifically permitted to be removed pursuant
to an approved development application;
(2)
Conflict with other laws. Notwithstanding anything
in this section to the contrary, no tree removal shall be permitted
where prohibited by any other municipal, state, or federal statute,
ordinance or regulation.
(3)
Hardship appeal.
(a)
Administrative appeal. In the event that a property owner believes the standards set forth in Subsection J(1) and (2) above constitute a hardship which prohibits a reasonable use of all or substantially all of the property in question, an applicant may seek relief from the Supervisor, in consultation with the Shade Tree Advisory Committee and consulting arborist, if any. The appellant shall submit a written statement as to the reasons for the claimed hardship together with such other information as shall be required by the Supervisor to reach an informed decision. Appellant shall have the option of presenting its appeal by way of oral argument. The Supervisor shall expedite a review and determination within 30 days of appellant's submission of all required documentation.
(b)
Appeal to Borough Council. Appellant shall have
further recourse to a review by the Borough Council. In the event
that such relief is sought, the appellant shall submit an additional
10 copies of the documents required to be submitted together with
10 copies of a written statement as to the reasons for the claimed
hardship. In addition, the appellant shall submit a fee for the hearing
of the matter in the amount of $100, which fee shall be refunded to
the appellant if the hardship is granted by the Council. The Council,
upon submission of a complete application to the Borough Clerk, shall
schedule a public hearing in connection with the requested relief.
The appellant shall cause to be published in an official newspaper
of the Borough a notice setting forth the time, date and place of
the hearing to be so held together with a brief statement of the relief
requested. Such notice must be published within 10 days prior to the
date of the hearing. Additionally, the appellant shall cause to be
served upon all property owners within 100 feet of the property in
question a similar notice by certified mail, return receipt requested,
or by personal service. Proof of publication and service of notice
shall be required to be submitted to the Borough Clerk prior to the
hearing. At the hearing the appellant may present witnesses under
oath and any other interested parties may do the same. All witnesses
shall be subject to cross-examination. The decision of the Council
shall be binding upon the municipal official in charge of enforcement
and administration of this section.
(4)
Mitigation. Mitigation for tree removal shall be required
as follows:
(a)
No mitigation shall be required in connection with tree removal conducted pursuant to a permit issued under this § 125-45J(1)(a), (b), and (c).
(b)
Mitigation shall be required in connection with tree removal pursuant to § 125-45J(1)(e) and (f).
(c)
In connection with tree removal pursuant to § 125-45J(1)(d), no mitigation shall be required if the tree has been planted for at least five years; there has been no damage to the tree by construction or otherwise by any person; and there has been no soil moving within 15 feet of such tree within five years. Otherwise, mitigation shall be required.
(d)
For each tree for which mitigation is required,
the following shall apply:
[1]
Mitigation shall require the property owner
to plant a mature or minor tree as hereinafter set forth:
|
Caliper of
Tree Removed
(inches)
|
Number Required
for Mitigation
|
Type
Removed
| |
|---|---|---|---|
|
4 to no more than 12
|
No mitigation if less than 3 trees removed
| ||
|
4 to no more than 12
|
1 (for every 3 trees removed)
|
Mature
| |
|
12 to no more than 18
|
1
|
Mature
| |
|
18 to no more than 30
|
2
|
Mature
| |
|
30 or greater
|
3
|
Mature
|
[2]
The caliper of trees with multiple trunks shall
be calculated by multiplying the caliper of the larger trunk by 1.5
times.
[3]
Upon the approval of the Zoning Officer, after
consultation and consent from the Supervisor, the property owner may
exercise the option of planting two minor trees for each mature tree
required pursuant to the mitigation requirements.
(e)
In the event that tree removal occurs in violation of the permit procedures of this section and without being excused by the provisions of § 125-45J(4), mitigation shall be required at a rate two times the number of trees required by Subsection J(4)(d) hereinabove.
(f)
In the event that it is unknown or in question
in any given instance as to whether mitigation should be determined
on the basis of a minor tree or a mature tree, mitigation shall be
required on the basis of a mature tree.
(g)
In the event that it is unknown how many trees
were removed from any given site, and removal took place without a
tree removal permit issued pursuant to this section, the number of
trees requiring mitigation shall be computed by assuming trees over
six inches in caliper existed 30 feet on center and plotting the maximum
number of those trees as circles of a fifteen-foot radius without
having the circles overlap or extend beyond the property lines or
drip lines of existing trees.
(h)
In connection with tree removal pursuant to Subsection J(4)(d)[1] of this subsection, it shall be required that the property owner plant mature trees on center a distance of 30 feet as street trees between the curbline and the edge of the right-of-way in a location determined by the Supervisor.
(i)
Mitigation in any instance is not to be considered
a penalty, rather an implementation of the purposes of this section.
Mitigation shall not be a substitute for, but shall be in addition
to, any penalty imposed for violation of the provisions of this section.
(j)
Upon the approval of the Council, the mitigation requirements required pursuant to this Subsection J(4) may be satisfied by the property owner by donating the tree to be removed to the Borough of Fair Lawn to be removed and planted elsewhere in the Borough of Fair Lawn at the expense of the property owner. The Superintendent of the Department of Public Works shall inspect any such trees and submit a recommendation to the Council whether to accept or not accept such donation.
K.
Performance bond.
(1)
As a precondition to the issuance of a permit where mitigation is required, the property owner shall post a cash bond to assure mitigation, in an amount equal to the amount set forth in the resolution adopted by the Borough Council, pursuant to § 125-45J(4)(d) for each minor and mature tree to be planted. Upon the satisfactory completion of the required mitigation, the Borough shall return 80% of the cash bond to the property owner. The remaining 20% of the cash bond shall be retained by the Borough for a period of 12 months to assure survival of the tree or trees planted by the property owner in satisfaction of the mitigation requirements, after which the remaining cash bond shall be returned to the property owner upon the recommendation of the Zoning Officer and Supervisor and the approval of the Council. The property owner shall contact the Supervisor within 48 hours of the completion of the planting of the trees required for mitigation to schedule a date and time for an inspection in order for the Borough to determine whether the required mitigation has been completed satisfactorily.
(2)
Notwithstanding the above, the property owner shall forfeit the cash bond amount if the property owner fails to complete the planting of the trees within the time of completion set forth in § 125-45L. Prior to the forfeiture of any cash bond monies, the Supervisor shall cause a written notice to be served upon the property owner who posted the cash bond. Service of the notice shall be made in person or by certified mail return receipt requested. Upon service of any notice pursuant to this subsection, the property owner shall have 10 days, or such further time as the Council shall agree, in writing, to plant the trees that have not been planted or the property owner shall forfeit any cash bond amounts posted by the property owner. Any monies forfeited by the property owner shall be used by the Department of Public Works to plant trees elsewhere in the municipality.
L.
Time of completion. Any tree required to be planted
by a property owner shall be planted within six months after the completion
of the project for which the permit was issued, the issuance of a
certificate of occupancy or the issuance of a certificate of approval,
whichever shall be sooner. The property owner may submit a written
request to the Superintendent of the Department of Public Works for
an extension of time of up to an additional three months due to unforeseen
circumstances or weather conditions, which request shall not be unreasonably
denied. Any request for an extension of time greater than three months
must be submitted in writing to the Council for consideration.
M.
Protection of existing trees.
(1)
In connection with any construction, subsequent to
tree clearing but prior to the issuance of a building permit or start
of construction, snow fencing or other protective barrier acceptable
to the Construction Official shall be placed around trees that are
not to be removed. No equipment, including construction vehicles,
chemicals, soil deposits or construction materials, shall be placed
within any area so protected by barriers.
(2)
No person shall:
(a)
Cut down or remove any tree except as permitted
by this section or allow or cause such cutting or removal.
(b)
Cause or allow any willful damage, injury or
disfigurement of any tree growing within the property in question.
For purposes of this subsection, the actions of any person shall be
deemed willful if the damage, injury or disfigurement of any tree
is caused as the result but not limited to the following: cutting,
gashing or slitting on any tree; the pouring of any liquid or other
material on any tree or on the nearby ground; the construction or
placement of any nonporous material on the ground around any tree
so as to cut off air, light or water from the roots; or placement
or removal of any soil within 10 feet of any tree.
(c)
Store or pile building materials or debris or
place construction equipment within 10 feet of any tree.
(3)
In the event that any tree to be saved in connection
with construction as set forth above or any tree planted in mitigation
shall die within two years after planting, it shall be replaced by
the property owners within six months.
N.
Protection of landmark trees.
(1)
Upon the recommendation of the Supervisor and Shade
Tree Advisory Committee, the Council may determine whether any tree
qualifies as a landmark tree. A tree may qualify as a landmark tree
if it meets one or more of the following criteria:
(a)
The tree species is rare or is a native tree
within the Borough.
(b)
The tree is more than 100 years old.
(c)
The tree is of an abnormal height or has an
abnormal trunk diameter or drip line for a tree of its species.
(d)
The location, shade value, fragrance, erosion
control, aesthetic features, or scenic enhancement of such tree is
of special importance to the Borough of Fair Lawn.
(e)
The tree is a rare ornamental or flowering tree.
(2)
All trees designated as landmark trees by the Council
shall be shown on an official Borough map with appropriate code marks
signifying each tree's designation, number, species, age, size and
other distinguishing characteristics for ready reference and periodic
monitoring.
(3)
If the owner or owners of the property on which a
landmark tree is located consents thereto, the Borough may identify
such tree as a landmark tree by the placement of a suitable marker
thereon.
(4)
If and when any landmark tree is removed, the Supervisor
shall arrange for the necessary changes to be made to the official
landmark tree inventory records and Borough map.
(5)
No person shall cut down or remove any landmark tree,
whether such tree is located on public or private property, without
first obtaining the approval of the Council and a permit issued pursuant
to this section.
(6)
For each landmark tree removed pursuant to Subsection N(5) hereinabove, mitigation shall be required and the property owner shall plant a mature tree, as defined in this section, on the property in question at a replacement rate of two mature trees for each landmark tree removed. In the event the property owner asserts the planting of trees on the property in question would be inappropriate and the Council agrees, the property owner may, in lieu of planting trees, provide to the Borough a sum of $500 for each tree required to be planted to be used by the Borough, at its sole discretion, for the purpose of planting trees elsewhere in the Borough of Fair Lawn.
O.
Administration and enforcement. This section shall
be administered and enforced by the Zoning Officer in consultation
with the Supervisor or his designee.
P.
Appeals. Any person aggrieved by the decision of the Zoning Officer shall have the right within 10 days of the issuance of any decision by such official to appeal to the Borough Council which shall take action as it deems appropriate in the matter. In the event of such an appeal, the procedures set forth with reference to applications based on hardship contained in § 125-45J(3) shall apply.
Q.
Violations and penalties.
(1)
An individual, corporation, association or other entity
violating any provision of this subsection shall, upon conviction
thereof, be punished by a fine not exceeding $1,000 per offense or
imprisonment for a term not in excess of 90 days, or both. The court
may also impose an appropriate term of community service and order
restitution in an amount equal to the cost of planting trees as part
of a mitigation plan, as set forth in this section.
(2)
In the event that the property owner does not pay
any restitution so ordered and does not replace the trees that were
cut, destroyed or injured in violation of this section, the Borough
may, after proper notice to the property owner, perform such replacement
of the tree or trees as is deemed appropriate, charging the reasonable
cost of same to the property owner. The cost shall become a lien on
the property and shall be filed by the Borough with the appropriate
recording or municipal officer to reflect the nature and amount of
the lien. Notice to the property owner may be sending a letter certified
mail, return receipt requested, and regular mail to the property owner's
last known address, by posting said notice on the property or by sending
such notice to such other known individuals or entities or agents
of the property owner or who have an interest in the property. In
the event the property is in foreclosure, notice may also be sent
to the mortgagee.
[Added 9-19-2000 by Ord. No. 1821-2000]
B.
AUTOMOBILE
BUS
BUS PARKING LOT
BUS SAFETY INSPECTION
COMMUTER VAN
ENVIRONMENTAL ASSESSMENT REPORT
(1)
(2)
(3)
(4)
(5)
MANIFEST
MOTOR VEHICLE
OMNIBUS
OPERATOR
OWNER
PARKING
PERSON
SCHOOL BUS
SCHOOL VEHICLE TYPE I
SCHOOL VEHICLE TYPE II
Definitions. The following terms shall have the following
meanings unless the context clearly indicates otherwise.
Includes all motor vehicles except motorcycles.
Any motor vehicle or motorbus or omnibus operated as a motorbus
charter service or a motorbus regular route service for either commercial
purposes or for the transportation of children as defined in school
bus herein.
The facility approved by the Borough of Fair Lawn on which
buses subject to this section remain stationary during the period
between discharge and loading of passengers.
An inspection for safety in accordance with the New Jersey
Department of Transportation regulations.
A motor vehicle having a seating capacity of not less than
seven and no more than 15 adult passengers in which seven or more
persons commute on a daily basis to and from work and which vehicle
may also be operated by the driver or other designated persons for
their personal use.
That report required by § 125-65D(2) and which shall further include such facts and analysis necessary to evaluate the benefits and adverse effects of the proposed facility relating to:
Inventory: existing land use, social, economic
and environmental conditions of the site and surroundings.
Project description: a detailed operational
plan of what the applicant proposes to do with the lot, where and
how, marketing assessment identification, type of services(s) to be
provided and timetable.
Environmental assessment: an assessment of the
probable beneficial and adverse impacts of the facility. On-site as
well as off-site impact of the facility shall be assessed. Impact
shall be quantified wherever possible and shall address geology, soils,
hydrology, traffic conditions, public safety, noise, air quality,
neighborhood and community impact.
Impact on existing and authorized facilities:
an assessment of the probable beneficial and adverse impact of the
facility on existing and authorized facilities, including divergence
of traffic from existing facilities and economic impact.
Need: a statement indicating the precise inherent
benefits to public or private transportation, including increased
traffic management efficiency, proximity to other approved bus parking
lot facilities, expected impact on existing approved bus parking lot
facilities, if any, and other factors deemed necessary to improve
air quality and mitigate traffic.
A record of daily activity by a bus, omnibus, school bus
or commuter van which includes, at a minimum, the owners' name, vehicle
numbers, arrival and departure times, origins, destinations and number
of passengers.
Includes all vehicles propelled otherwise than by muscular
power excepting such vehicles as run only upon rails or tracks and
motorized bicycles.
Includes all motor vehicles used for the transportation of
passengers for hire including commuter vans and vehicles used in ride-sharing
arrangements and school buses.
A person who is in actual physical control of a vehicle.
The person who holds the legal title of a vehicle or, if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or if a mortgagor of a vehicle is entitled to possession, then the conditional vendee, lessee or mortgagor shall be deemed the owner for the purpose of this section. With respect to property which is subject to an application for development, owner, as defined in § 125-8, shall apply.
The standing or waiting in a bus parking lot of a vehicle
not actually engaged in receiving or discharging passengers and excludes
maintenance and repair functions of any kind, including changing lubricants
and fluids, painting signage, using diagnostic equipment and washing
vehicles.
Includes natural persons, firms, copartnerships, associations
and corporations of any kind.
Every motor vehicle operated by or under contract with a
public or governmental agency or religious or other charitable organization
or corporation or privately operated for compensation for the transportation
of children to or from school for secular or religious education or
activities which complies with the regulations of the New Jersey Department
of Education affecting school buses, including School Vehicle Type
I and School Vehicle Type II as defined hereinafter.
Any vehicle with a seating capacity of 17 or more, used to
transport enrolled children, and adults only when serving as chaperones,
to or from a school, school connected activity, day camp, summer day
camp, nursery school, child-care center, preschool center or other
similar places of education. Such vehicles shall comply with the regulations
of the New Jersey Division of Motor Vehicles and either the New Jersey
Department of Education or the New Jersey Department of Human Services,
whichever is the appropriate supervising agency.
Any vehicle with a seating capacity of 16 or less, used to
transport enrolled children, and adults only when serving as chaperones,
to or from a school, school connected activity, day camp, summer day
camp, nursery school, child-care center, preschool center or other
similar places of education. Such vehicle shall comply with the regulations
of the New Jersey Division of Motor Vehicles and either the New Jersey
Department of Education or the New Jersey Department of Human Services,
whichever is the appropriate supervising agency.
C.
Owner responsibility.
(1)
The owner of any bus, omnibus, school bus or
commuter van who parks same at an approved bus parking lot retains
ultimate responsibility for compliance with this section even if the
owner does not occupy or operate the facility or lot.
(2)
A lease, sublease or other legal mechanism shall
not be used to alter the use of an approved bus parking lot. Such
changes in use shall only be implemented by application for a change
in use pursuant to the land use regulations of the Borough of Fair
Lawn.
(3)
The owner of any approved bus parking lot shall
notify the Borough Manager of the Borough of Fair Lawn or his or her
designee in writing, return receipt requested, of any change in approved
bus parking lot ownership or occupancy.
D.
Approval required.
(1)
No bus parking lot shall initiate any operation
governed by this section unless the approval required by this section
for such operation has been granted by the Borough of Fair Lawn or
any of its regulatory subdivisions, departments or agencies.
(2)
Conditional approvals which permit operation
of a bus parking lot pending actual approval shall not be issued by
the Borough or any of its regulatory subdivisions, departments or
agencies.
(3)
Approvals required by this section shall not
be granted by the Borough or its subdivisions, departments or agencies
unless the applicant facility is fully operational and in conformance
with this chapter.
E.
Site bus capacity. A bus parking lot shall not exceed
the site bus capacity approved by the Borough or its regulatory subdivisions,
departments or agencies.
G.
Bus parking lot application requirements; approvals.
(1)
The bus parking lot approval required by this
section shall be in addition to any and all other required county,
state or federal approvals. Approval shall be granted only if the
applicant bus parking lot satisfies each of the criteria as follows:
(a)
Has filed an environmental assessment report
as defined herein acceptable to the Planning or Zoning Board, as applicable.
(b)
Has a minimum width between buses of not less
than three feet; buses may only be permitted to be stacked to a maximum
of two buses end to end.
(c)
Permits only bus parking at the site along with
adequate parking for motor vehicles utilized by employees of the bus
parking lot owner either for administrative work or the actual driving
of the buses, omnibuses, school buses or commuter vans.
(d)
Has lighting and is attended during all hours
of operation.
(e)
Contains signs conforming to the standards of
the Borough.
(f)
Possesses two-way radio or telephone equipment
sufficient to participate in bus intercept and dispatch activity.
(g)
Does not materially impair the intent and purpose
of this section.
(h)
Possesses sufficient specific area which is
made available when needed to the New Jersey Department of Transportation
(NJDOT) for bus safety inspections.
(i)
Provides on-site driver services, including
food services, rest rooms, security, lounge areas, recreational areas
and communication services.
(j)
The owner of any approved bus parking lot must
provide for the installation of a minimum of one fire hydrant, including
all piping, located in the public right-of-way immediately adjacent
to the site. Additional hydrants shall be spaced a maximum distance
of 250 feet apart along said right-of-way adjacent to the property.
(k)
Is in conformance with the New Jersey Noise
Control Act (N.J.S.A. 13:1G) and the rules of the New Jersey Department
of Environmental Protection promulgated pursuant thereto and the standards
contained in the Fair Lawn Land Use Development Ordinance.
(l)
Bulk requirements.
[1]
Minimum front yard: 25 feet.
[2]
Minimum rear yard: 30 feet. If
abutting property is zoned or used for residence, the rear yard dimension
shall be 30 feet or equal or exceed 1 1/2 times the height of
building erected, whichever is greater.
[3]
Minimum side yard: 20 feet. If
abutting property is zoned or used for residence, the interior side
yard dimension shall be 20 feet or equal or exceed the maximum height
of building erected, whichever is greater.
[4]
Maximum building height: 2 1/2
stories, 30 feet.
[5]
Maximum building coverage: 25%.
[6]
Maximum impervious coverage: 90%
or the maximum impervious coverage permitted in the zone, whichever
is less.
[7]
Front yard buffer: 10 feet.
[8]
Side yard buffer: 20 feet.
[9]
Rear yard buffer: 25 feet.
[10]
If parking is proposed in the
front yard, the parking shall be screened from view from the street
by a landscaped berm no lower than three feet in height. Said berm
shall be constructed so as not to interfere with sight distance at
driveways.
[11]
All buffer strips shall have a
minimum width of five feet of dense evergreen, i.e., verdant throughout
the entire year, plantings along the outside edge of said strip five
feet in height at the time of planting, which shall be spaced four
feet on center. The remainder of the buffer strip shall be landscaped
in a manner approved by the reviewing agency. Such buffer strips shall
in no way be used for storage of any kind or for the overhang of vehicles
parked adjacent to the buffer strip.
[13]
The ratio of car parking and bus
parking shall be one car space for 1.1 buses.
(m)
A minimum circulation aisle width between each
row of buses of 15 feet for one-way flow and 25 feet for two-way flow,
with signs and striping as required by the Manual on Uniform Traffic
Control Devices (MUTCD) standards;
(n)
A minimum lot depth of 100 feet.
(o)
Perimeter fencing providing for screening and
security in accordance with standards for off-street parking areas
and as may be required by the Planning Board. Said fence shall provide
screening or buffering from adjacent properties and shall be a minimum
of six feet in height.
(p)
Is in conformance with municipal land use ordinances
to the extent that such conformance is not inconsistent with this
section and with all other applicable state, county and federal laws,
rules and regulations.
(2)
Applicants for approval of any bus parking lot
shall complete and submit an original and 20 copies of an application
form provided by the Borough, including any maps, plans or drawings
required by the Borough, containing and without limitation the following:
(a)
Location, dimensions and legal description of
proposed lot.
(b)
Hours of operation.
(c)
Security measures to be provided.
(d)
Provision for on-site lavatory dumping facilities.
(e)
Evidence of on-site radio/telecommunications
equipment and valid licenses, if required, for the same.
(f)
Environmental assessment report as set forth
herein.
(g)
Number of on-site bus capacity parking spaces.
(h)
Provide a proposed drainage plan.
(i)
Provide a proposed striping and signage plan
and the minimum parking space dimensions; provide an interior traffic
flow design, including but not limited to access by police, fire,
rescue and emergency management vehicles and personnel.
(j)
Identify how many parking spaces will be made
available for bus employee parking and the minimum parking space dimensions.
(k)
Fuel tanks and pumps.
(l)
Staffing plan.
(m)
Bus driver amenities.
(n)
Site signage.
(o)
Evidence of compliance with applicable federal,
state and county laws and regulations.
(p)
Site plan and layout.
(3)
One additional copy of the application shall
be served upon the Borough of Fair Lawn Police Department and one
additional copy of the application shall be served upon the Fair Lawn
Volunteer Fire Department, and proof of such service by way of affidavit
of certified mail return receipt must be filed with the Borough Planning
or Zoning Board, as applicable.
H.
Prohibited activities. The following activities are
prohibited at or on a bus parking lot:
(1)
Maintenance or repairs of automobiles, buses,
commuter vans, motor vehicles, omnibuses, and school buses, both Vehicle
Type I and Vehicle Type II. Said prohibited maintenance and repair
activities includes changing of lubricants and fluids, painting signage,
using diagnostic equipment and washing vehicles.
(2)
No bus on site shall idle or remain with its
motor running for more than three consecutive minutes for gasoline
engines and 10 consecutive minutes for diesel engines.
I.
Fee schedule for bus parking lot.
(1)
A fee of $300 shall be paid for a bus parking
lot preapplication conference with the applicable Planning or Zoning
Board.
(2)
An application fee of $600, plus all costs,
fees and expenses incurred by the Planning or Zoning Board, as applicable,
for review by its staff and/or professionals, shall be paid for the
review of a new or amended application for a bus parking lot.
[Added 9-26-2000 by Ord. No. 1825-2000]
A.
Definitions.
(1)
Driveways shall be defined as set forth in § 125-8 of the Land Development Regulations of the Code of the Borough of Fair Lawn.
(2)
Fences shall be defined as set forth in § 125-8 of the Land Development Regulations of the Code of the Borough of Fair Lawn.
B.
No person shall erect, construct or replace a driveway,
fence, storage shed or patio without first obtaining a zoning permit
from the Zoning Officer.
[Amended 8-17-2010 by Ord. No. 2192-2010]
[Added 10-14-2008 by Ord. No. 2128-2008]
A.
Conditional use. Retail establishments which are located in the B-1
Restricted Business, B-2 General Business, B-3 Business, B-4 River
Road Business and B-5 River Road Business Zones and which seek to
operate 24 hours per day shall be permitted as a conditional use subject
to the following conditions:
(1)
No such twenty-four-hour retail use shall immediately abut any
residential use.
(2)
Parking areas shall be configured so as to prevent vehicular
headlights from shining into adjacent residential property. Landscaping
buffers shall be maintained in accordance with the requirements of
this chapter, and a solid visual screen shall be provided along all
property lines that impact adjacent residential property.
(3)
Delivery and trash/recycling removal trucks shall only be permitted
between the hours of 7:00 a.m. and 6:00 p.m.
(4)
All exterior site and building lighting shall be downcast and
utilize house-side shields. Light poles shall be no taller than 16
feet, or no taller than the building, whichever is less.
(5)
To the extent feasible, outdoor lighting shall be reduced to
security level only between 12:00 midnight and 6:00 a.m. and shall
be photocell and motion activated, if possible.
(6)
No light spillage shall occur onto any adjacent residential
property. A point-by-point lighting diagram shall be submitted to
the Zoning Official to determine compliance of both building-mounted
and pole-mounted light fixtures.
(7)
Illuminated signage shall not be visible from adjacent residential
property.
(8)
Ingress and egress drives, primary circulation lanes and drive-throughs,
if permitted, shall be located away from residential areas, where
practical, to minimize vehicular traffic and noise which may be a
nuisance to adjacent residential areas.
(9)
All building entrances and exits intended to be utilized by
patrons shall be located on the side or sides of the building which
do not abut any residential property, whenever possible, to minimize
the potential for patrons to congregate and create noise which may
become a nuisance to adjacent residential properties.
B.
The conditions set forth in this chapter shall not apply to the following
retail uses:
[Added 2-16-2010 by Ord. No. 2178-2010]
A.
"Planned development" shall be as defined in the Municipal Land Use
Law at N.J.S.A. 40:55D-6.
B.
Informal plan review recommended.
(1)
It is strongly recommended that an applicant for a planned development
project appear before the Board for informal review of a concept plan
for the project prior to the submission of any site plan application.
(2)
The concept plan should indicate the location of roadways, pedestrian
paths, open space and recreation areas, buildings, driveways and other
aboveground site improvements. The number of proposed units, unit
types and orientation of buildings should also be provided, as well
as architectural sketches of proposed buildings.
C.
The planned development developer shall provide for an organization
for the ownership and maintenance of any open space for the benefit
of owners or residents of the development, if said open space is not
dedicated to the municipality or other governmental agency. Such organization
shall not be dissolved and shall not dispose of any open space, by
sale or otherwise, except to an organization conceived and established
to own and maintain the open space for the benefit of such development,
and thereafter such organization shall not be dissolved or dispose
of any of its open space without first offering to dedicate the same
to the municipality or municipalities wherein the land is located.
D.
In the event that such organization shall fail to maintain the open
space in reasonable order and condition, the municipal body or officer
designated by ordinance to administer this subsection may serve written
notice upon such organization or upon the owners of the development
setting forth the manner in which the organization has failed to maintain
the open space in reasonable condition, and said notice shall include
a demand that such deficiencies of maintenance be cured within 35
days thereof, and shall state the date and place of a hearing thereon
which shall be held within 15 days of the notice. At such hearing,
the designated municipal body or officer, as the case may be, may
modify the terms of the original notice as to deficiencies and may
give a reasonable extension of time not to exceed 65 days within which
they shall be cured. If the deficiencies set forth in the original
notice or in the modification thereof shall not be cured within said
35 days or any permitted extension thereof, the municipality, in order
to preserve the open space and maintain the same for a period of one
year, may enter upon and maintain such land. Said entry and maintenance
shall not vest in the public any rights to use the open space except
when the same is voluntarily dedicated to the public by the owners.
Before the expiration of said year, the designated municipal body
or officer, as the case may be, shall, upon its initiative or upon
the request of the organization theretofore responsible for the maintenance
of the open space, call a public hearing upon 15 days' written notice
to such organization and to the owners of the development, to be held
by such municipal body or officer, at which hearing such organization
and the owners of the development shall show cause why such maintenance
by the municipality shall not, at the election of the municipality,
continue for a succeeding year. If the designated municipal body or
officer, as the case may be, shall determine that such organization
is ready and able to maintain said open space in reasonable condition,
the municipality shall cease to maintain said open space at the end
of said year. If the municipal body or officer, as the case may be,
shall determine such organization is not ready and able to maintain
said open space in a reasonable condition, the municipality may, in
its discretion, continue to maintain said open space during the next
succeeding year, subject to a similar hearing and determination, in
each year thereafter. The decision of the municipal body or officer
in any such case shall constitute a final administrative decision
subject to judicial review. If a municipal body or officer is not
designated by ordinance to administer this subsection, the governing
body shall have the same powers and be subject to the same restrictions
as provided in this subsection.
E.
The cost of such maintenance by the municipality shall be assessed
pro rata against the properties within the development that have a
right of enjoyment of the open space in accordance with assessed value
at the time of imposition of the lien, and shall become a lien and
tax on said properties and be added to and be a part of the taxes
to be levied and assessed thereon, and enforced and collected with
interest by the same officers and in the same manner as other taxes.
F.
Findings for planned developments. Per N.J.S.A. 40:55D-45, every
ordinance that provides for planned developments shall require that
prior to approval of such planned developments the Planning Board
shall find the following facts and conclusions:
(2)
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate;
(3)
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate;
(4)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
(5)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
[Added 4-27-2021 by Ord. No. 2569-2021]
A.
The Senior Housing Overlay Zone shall be applicable to Block 4804,
Lot(s) 1 and 3.
B.
Permitted uses.
(1)
Any use in the underlying zoning district.
(2)
Senior housing, defined as:
(a)
Units in which the head of household is 55 years of age or greater;
and
(b)
There shall be prohibited from permanent residency any person
younger than 19 years of age; and
(c)
In the event of the death of a head of household meeting the
above-stated age requirements, a remaining spouse of less than 55
years of age shall be permitted to continue to reside.
(3)
Medical doctor offices, urgent care facilities, dialysis centers,
and physical therapy facilities.
(4)
There may be both uses permitted by the underlying zoning and
senior housing on the same site.
C.
Accessory uses.
(1)
For uses permitted by the underlying zoning district, permitted
accessory uses shall be as per the underlying zoning district.
(2)
Permitted accessory uses and structures for senior housing shall
be customarily incidental to and located on the same lot as the principal
use, provided that any accessory use or structure is for the exclusive
use of residents, their guests, and staff of the building or buildings.
These permitted accessory uses are:
(a)
Lobby, sales, management, and leasing offices;
(b)
Loading spaces and docks, recycling and refuse storage areas;
(c)
Recreational facilities, including active or passive amenity
courtyard space and/or terraces, pool, grilling station, fitness center
and multipurpose rooms;
(d)
Personal services such as hair care, nails, massage, and spa;
(e)
Pet grooming and care;
(f)
Boutique grocery;
(g)
Pharmacy;
(h)
Fencing/walls up to five feet in height;
(i)
Surface or structured parking;
(j)
Maintenance building for property maintenance with a maximum
floor area of 1,100 square feet, to be styled and in similar materials
to the principal residential building;
(k)
Security structures such as gatehouses;
(l)
Mechanical equipment, including generators;
(m)
Offices for doctors and/or other medical professionals for nonemergency
treatment, diagnosis, and consultation on a part-time or full-time
basis;
(n)
Lobby/dropoff area;
(o)
Conference room/meeting room;
(p)
Storage lockers;
(q)
Cafeteria/dining space/coffee bar/cafe;
(r)
Dry cleaning/laundry facility (not retail);
(s)
Car charging stations.
(t)
This list is not intended to be comprehensive and shall include
other uses, structures and amenities that are now trending or become
customary and incidental to senior housing, such as raised planting
beds, on-site chef, cooking classes, gas firepits, saunas, etc.
E.
Bulk regulations.
(1)
The bulk regulations for uses permitted by the underlying zoning
shall be the same as the underlying zoning.
(2)
Maximum density for senior housing is 50 dwelling units per
acre. Any lot area not devoted to senior housing or shared parking
for that housing shall be excluded from the density calculation.
(3)
Maximum building height for senior housing shall be 55 feet.
(4)
Building setbacks shall be a minimum 20 feet from all property
lines. Unenclosed stairs, decks, stoops and balconies are permitted
to encroach up to eight feet into the required setbacks.
(5)
Maximum building coverage: 50%.
(6)
Maximum impervious coverage: 75%.
(7)
Minimum building setback from internal roadways: Buildings shall
be set back at least 15 feet from the face of the curb.
F.
Parking requirements.
(1)
For uses permitted by the underlying zoning, the parking requirements
shall be as required by the Borough Code for those uses.
(2)
For senior housing within the overlay zone, the parking requirements
shall be one space per unit.
(3)
For medical office uses that are for the general public and
not for services to the residents and guests only, the parking requirements
shall be one space for every 500 square feet of medical office area.
(4)
Shared parking: A shared parking analysis which determines the
actual required parking may be provided to reduce the parking ratios.
A study shall be prepared by a qualified parking expert or licensed
professional planner and be based on hours of operation and specific
operational characteristics of the anticipated users in the proposed
development.
G.
Site design standards.
(1)
Facade treatment, materials, and building articulation.
(a)
The design of buildings and landscaping within shall be considerate
of the site's prominent location as a large, highly visible property.
(c)
All building design and landscaping shall be designed to be
attractive from each vantage point and be consistent in their quality
and finish on all elevations.
(d)
Solid decorative fencing and a minimum of 10 feet of solid evergreen
buffer shall be provided between overlay residential development and
adjacent nonresidential uses.
(e)
Buildings shall be designed using a color palette that complements
the architectural context of the surrounding area.
(f)
The visual impact of any parking facilities, or other accessory
utility structures, shall be minimized and screened to the greatest
extent feasible.
(g)
Blank or featureless walls shall be avoided.
(h)
High-quality, durable decorative materials shall be incorporated
into the facade.
(i)
Driveways accessing parking areas shall be designed with depressed
curbs and driveway aprons. Curb returns shall be prohibited.
(2)
Architectural design standards.
(a)
At least one main building entrance shall be adjacent to the
street without interruption by parking, access aisles or porte-cochere
area. A major entrance for pedestrians shall be provided along this
frontage to encourage pedestrian access and connectivity. Vehicular
dropoff shall be permitted on the street along this frontage.
(b)
Primary exterior building materials shall be wood, brick, stone,
lath-applied stucco, metal, glass, fiber cement planks, or other similarly
durable and attractive materials. Aluminum siding, vinyl siding, concrete
block, permastone, and EIFS or similar cementations concrete panels
shall be prohibited.
(c)
The buildings shall be designed so as to visually separate the
proportions from the ground floor to the roof into vertical segments
containing a significant architectural design feature and distinctive
materials, such as a high amount of glazing, greater detailing and
higher quality materials, at the publicly visible building corners
and at the lobby.
(d)
No building shall have a wall with an uninterrupted length of
more than 30 feet without including a change in the vertical plane
of the facade. This may be achieved through any one or combination
of the following:
[1]
Pilasters, bay windows, building stepbacks, and
other facade recesses or projections.
[2]
The stepback or projection shall be a minimum of
18 inches from the primary building facade.
[3]
The changes in the building facade plane shall
occur for the full height of the building, above the first floor.
(e)
All facade vents for air conditioning or heating units shall
be incorporated into the window design such that vent grills and windows
appear as a single unit. This is best achieved by lining up vent grills
with the vertical or horizontal edge of the adjacent window and matching
the window's length or width or using a spandrel panel to fill
any voids. Vent grills shall be hidden behind decorative iron- or
metalwork which complements the style of the building.
(f)
Where the foundation of a building is exposed, it shall be covered
with decorative material. Foundation plantings may also be incorporated
between the building and the sidewalk or decorative planters may be
utilized to accent the sidewalk and building.
(3)
Fences.
(a)
No chain-link fences shall be permitted.
(b)
Barbed wire, razor wire, or other such materials are prohibited.
(c)
Fences higher than 3.5 feet are prohibited in the front yard.
(d)
Fences in a side or rear yard area shall have a maximum height
of five feet.
(e)
Retaining walls shall be constructed of a material, or clad
with a material, that complements the design of buildings and landscaping
on the site.
(5)
Mechanical equipment and utilities standards.
(a)
All mechanical equipment, including utility meters, shall be
located internally within a building or to the side or rear of a principal
building in which case it shall be totally screened from view.
(b)
Where feasible, utilities shall be located underground.
(c)
Where feasible, trash and recycling storage facilities shall
be located within the principal building. Any outside storage shall
be screened.
(d)
Any external air-conditioning condensers shall be located on
the roof and hidden behind a parapet wall.
(6)
Balconies. Where balconies are incorporated as part of the design
of buildings, they shall not be utilized for storage purposes. Personal
property used on the balcony, including chairs, chaises and tables,
may be left on the balconies; however, the storage and display of
any and all other personal property is prohibited. The use or storage
of gas grills or other cooking facilities on balconies is prohibited.
The enclosure of balconies is prohibited.
(7)
Signage.
(a)
One sign on the front entry canopy, consisting of freestanding
letters (internally lit) sitting atop the entry canopy, identifying
the project name shall be permitted. The sign letters shall be no
greater than 12 inches in height, and the sign shall be no longer
than the length of the canopy. The canopy shall be supported by connection
to the building and not the ground.
(b)
One externally illuminated freestanding monument sign shall
be permitted at each access drive set back at least 10 feet from the
property line. Each sign shall have a maximum height of 3.5 feet and
a maximum surface size of 12 square feet on each side. Perennial and
annual landscaping shall be installed around the sign base.
(8)
Bike storage. Bicycle storage shall be provided at a rate of
one storage space for every five units. The storage shall not be exposed
to the elements and easily accessible at ground level.
H.
Sustainability.
(1)
Where feasible, solar panels may be provided.
(2)
Sustainability measures shall be required, such as but not limited
to low VOC interior points and finishes; smoke-free building; ENERGY
STAR® appliances; ENERGY STAR® lighting fixtures; auto-off movement sensor light
fixtures in closets; windows with low-E coating; and low-flow water
fixtures to be approved by the Planning Board.
[Added 11-22-2022 by Ord. No. 2640-2022]
A.
The B-1A Overlay Zone shall be applicable to portions of Blocks 5834,
5836, 5901, 5903 and 6801 located in the B-1 Zone.
B.
Permitted uses. Any use in the underlying zoning district.
C.
Conditional uses.
(1)
Any conditional use in the underlying zoning district.
(2)
Restaurants, drive-through, as defined in § 125-8, Definitions ("drive-through restaurants"), provided that the lot, use and structures shall adhere to the minimum standards of the underlying zone and the following:
(a)
Conditional use standards.
[1]
No part of any entrance or exit of a drive-through
restaurant shall be located within 100 feet of a residential zone.
[2]
Drive-through lanes shall be designed to allow
safe, unimpeded movement of vehicles at street access points and within
the travel aisles and parking space areas.
[3]
The length of the drive-through lane shall be such
as to permit the stacking of vehicles in a queue without blocking
or encroaching upon entry or exit driveways, or driveway aisles used
for access into or out of parking stalls. A vehicle is considered
as queued when it approaches within one car length of a stopped vehicle
and is itself about to stop.
[4]
There shall be a bail-out lane for every such facility
where cars can safely leave the queue.
[5]
Reserve parking spaces shall be provided between
the drive-through area and the facility's exit. Such parking
spaces are intended for use by any drive-through vehicles awaiting
delivery of a delayed order.
[6]
Each entrance to a drive through lane and the direction
of flow shall be clearly designated by signs and/or pavement markings
or raised curbs outside of the public right-of-way.
[7]
Pedestrian walkways shall not intersect drive-through
lanes unless no alternative exists. In such cases, pedestrian walkways
shall have clear visibility, emphasized by enhanced paving or markings.
[8]
A drive-through window shall not be located along
the front facade.
[9]
No loudspeakers shall be permitted within portions
of the property that face a residential zone district or residential
property line.
[10]
Order boards or other signs adjacent to the drive-through
lanes shall have sound attenuation devices.
(b)
General standards for drive-through restaurants.
[1]
Drive-through restaurants shall operate in full compliance with the licensing provisions of Chapter 90 of the Code of the Borough of Fair Lawn 2000.
[2]
Drive-through restaurants shall operate only when
the remainder facility is open to the public.
[5]
No drive-through restaurant will be allowed without
approval of a site plan, upon public notice, submitted to the Fair
Lawn Planning Board, who in its review and in the exercise of its
discretion shall consider the site, its neighborhood, the health,
safety and general welfare of the Borough of Fair Lawn and the properties
adjacent to or affected by the proposed use. Such a site plan shall
include no less than:
(c)
Design standards for drive-through restaurants.
[1]
No sign or order board shall have a height of greater
than eight feet, measured from the ground below such sign, and have
an area of greater than 32 square feet.
[2]
Drive-through lanes shall have a minimum width
of 10 feet.
[3]
Drive-through entrances and exits for restaurant
patrons shall be at least 100 feet from an intersection of public
rights-of-way, measured at the closest intersecting curbs, and at
least 25 feet from the nearest curb cut on an adjacent property.
[4]
The minimum distance between driveways on the site
shall be 65 feet, measured between the curb returns.
[5]
The length of the drive-through lane and the vehicles
queue shall be designed to the satisfaction of the Board Engineer.
D.
Accessory uses. Any accessory use in the underlying zoning district.
E.
Bulk regulations. The bulk regulations for permitted uses in the
underlying zone district shall be applicable.
