[Added 12-5-2016 by Ord.
No. 16-18R]
A. Purpose. Unless otherwise required by existing zoning or an adopted
redevelopment plan, all new multifamily residential developments of
five or more units that become permissible through either a use variance,
a density variance increasing the permissible density at the site,
a rezoning permitting multifamily residential housing where not previously
permitted, or new redevelopment plan shall be required to provide
an affordable housing set-aside as follows:
(1)
Required affordable housing units shall be equal to 20% of the
number of housing units proposed in the application for units offered
for sale.
(2)
Required affordable housing units shall be equal to 15% of the
number of housing units proposed in the application for units offered
for rent.
B. Affordable housing units may be provided on-site or off-site within
the Borough and are subject to the provisions of the Borough's Affordable
Housing Ordinance.
There shall be provided for every lot front,
rear and side yards as required in the zone district in which said
lot is located. The required yard dimensions shall be measured perpendicular
to the lot line and shall be measured between the lot line and the
farthest projection of the building, unless specified otherwise in
this chapter.
A. Required yards apply individually to each lot. No
open space which has been counted or included as a part of a side
yard, rear yard, front yard, or other open space as required by this
chapter for one lot may, by reason of change of ownership or for any
other reason, be counted or included in order to comply with the yard,
or other open space requirement of any lot.
B. Permitted yard encroachments. Except as hereinafter
specified, or as may be specified otherwise by this chapter, yards
shall be entirely free of buildings above grade, structures, or parts
thereof; provided, however, that no building, structure or part thereof
shall be permitted to encroach beyond any boundary for the subject
property, unless specifically permitted otherwise by this chapter
or other law.
(1)
Cornices and eaves may encroach up to three
feet into any required yard.
(2)
Window air conditioners, basement window wells,
steel basement doors, ingress and egress platforms, awnings, and window
flower boxes may encroach into any required yard without limitation.
[Amended 6-14-2001 by Ord. No. 01-10R]
(3)
Fire escapes may encroach up to four feet into
any required yard.
(4)
Ground-supported chimneys, chimney box structures,
and flues, stacks and vents attached to the side of a building may
encroach up to 2 1/2 feet into any required yard; provided, however,
that the area of such encroachment projected to ground level shall
not exceed 12 square feet.
(5)
Oriels, bay windows, bow windows, window greenhouses,
and similar architectural devices, may encroach up to three feet into
any required yard; provided however, that the area of such encroachment
projected to ground level shall not exceed 15 square feet and further
provided that such encroachment is limited to structures on the ground
floor of the building.
(6)
Sills, leaders, belt courses and similar ornamental
structural features may encroach up to six inches into any required
yard.
C. Front yard in case of substandard street width. All front yards must face upon a dedicated public street and shall be of the size required for the particular zone district in which the lot is located; provided, however, that on streets having a right-of-way less than 50 feet in width, the required front yard shall be increased by one-half the difference between the width of the street and 50 feet in width as shown on the Street Plan of the Master Plan of the Borough and shall have a front yard setback measured from the nearest line of the proposed building or structure to the proposed right-of-way line as shown on said Master Plan. See §§
184-117 and
184-118F(1) as they relate to the TAH and LGAH Zones.
D. Front yard requirement to reflect established pattern.
Notwithstanding the minimum and maximum front yard requirement set
forth for the R75 and R150 Zone Districts, where existing buildings
on the same side of the street form an established front yard depth,
the front yard on the subject property, or the street side yard on
a corner property, shall not deviate from this established yard depth
by more than two feet. If such established front yard depth varies,
the dimension to be used in administering the above minimum and maximum
front yard requirement shall be equal to the average depth of the
established front yards. For purposes of administering this provision,
the properties used for determining said established front yard depth
shall be located, in whole or in part, within the following distances
of the subject property and must be on the same side of the street,
in the same block, and must be subject to the same front yard requirement
in the zone district regulations as the property in question:
[Amended 5-8-2007 by Ord. No. 07-08R]
|
Zone
|
Distance*
|
---|
|
R-150
|
200 feet
|
|
R-75
|
100 feet
|
|
*NOTE: Measured along the street
right-of-way line.
|
E. Maximum front yard requirement for nonconforming buildings.
Notwithstanding the maximum front yard requirement in the various
zone districts, alterations to buildings which are nonconforming by
reason of having a front yard greater than the maximum depth permitted
herein shall not be required to comply with said maximum permitted
front yard depth, provided that no such alteration shall increase
the front yard above the depth which exists prior to the alteration.
Notwithstanding the height limitations in each
zone district, the following structures shall be exempt from such
limitations only to the extent indicated, unless provided otherwise
by this chapter:
A. The height limitations required in each zone district
shall not apply to church steeples.
B. Church buildings, school buildings and flag poles
shall be exempt from the height limitations in each of the zone districts;
provided, however, that such structures shall not exceed 45 feet in
height.
C. Rooftop structures, including but not limited to decorative
architectural elements such as cupolas, weathervanes, railings, etc.;
heating, ventilating and air conditioning equipment; chimneys, etc.,
provided, however, that the foregoing structures shall comply with
the following:
(1)
The area occupied by such rooftop structures
shall not exceed 10% of the total roof area or 250 square feet, whichever
is less;
(2)
Such rooftop structures, except for chimneys,
shall be set back at least 10 feet from any wall of the building;
and
(3)
The height of such rooftop structures above
the ground shall not exceed the maximum height permitted for the principal
building by more than seven feet, and shall not exceed the actual
height of the building by more than seven feet, whichever is less.
No building permit or zoning approval shall
be granted for a building, structure or use if the design or construction
of said building or structure involves exceptional risks of traffic
congestion or public safety. If the Construction Official or Zoning
Officer, as applicable, finds either of the above to be the case,
he/she shall refuse to issue a permit and refer the application to
the Board.
The keeping of fowl, chickens, ducks, pigeons,
horses, ponies, or other domestic equine animals, pigs, goats, sheep
or cattle or other kinds of livestock or exotic animals prohibited
in all zones.
Flag lots, as defined in the Borough Code, are
prohibited in all zones.
[Added 7-19-2021 by Ord. No. 21-13-R]
Pursuant to section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16), all cannabis establishments, cannabis distributors or cannabis
delivery services are hereby prohibited from operating anywhere in
Fanwood, except for the delivery of cannabis items and related supplies
by a delivery service.