[Ord. No. 98-6 § 2,
Art. XI § 15-96; Ord. No. 2014-14 § 8]
For the purpose of this chapter, the Borough of Fairview is
hereby divided into 10 zone districts as follows:
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R-A
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Low Density Single Family Residential District
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R-B
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Moderate Density One and Two Family District
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R-C
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Medium Density Three to Six Family District
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R-D
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Medium Density Garden Apartment District
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R-E
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Senior Housing
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R-F
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High Density High Rise Residential District
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B
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General Business
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B-1
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Central Business District
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B-2
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Business Residential
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I
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Industry
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[Ord. No. 98-6 § 2,
Art. XI § 15-97; Ord. No. 05-10 § 3; Ord. No. 2014-14 § 8]
The location and boundaries of the districts are hereby established
on the Zoning Map of the Borough of Fairview contained in Appendix
C at the end of this chapter. The map or maps and all notations, reference
and designations shown thereon shall be, as such, a part of this chapter
as if the same were fully described and set forth herein.
[Ord. No. 2014-14 §§ 5,
8]
Beginning with Supplement No. 11 (12/14) zoning map amendments
are listed by ordinance.
a.
Ord. No. 2014-14.
1.
Lots 1, 2, 3, 4, and 12 of Block 229 are rezoned from the R-C zoning
classification to the B-1 zoning classification.
2.
Lots 3, 4, 5, 6, and 7 of Block 8.01; Lots 5, 6, 7, 8, and 9 of Block
8.03; and Lot 6 of Block 8.02 are rezoned from the B zoning classification
to the R-C zoning classification.
[Ord. No. 98-6 § 2,
Art. XI § 15-98; Ord. No. 2014-14 § 8]
a.
Zoning district boundary lines are intended to follow street center
lines, railroad rights-of-way, streams and lot lines unless otherwise
indicated by dimensions on the Zoning Map. Dimensions shall be in
feet, measured horizontally and measured from the street right-of-way
line, even if the center line of that street serves as a zoning district
line. Any disputed zoning district line shall be determined by the
Board of Adjustment.
b.
Where a street or public way serves as the zoning district line and
it is lawfully vacated, the former center line shall be the zoning
district line.
[Ord. No. 98-6 § 2,
Art. XI § 15-99; Ord. No. 01-27; Ord. No. 02-8; Ord. No. 02-11; Ord. No.
02-26; Ord. No. 03-27; Ord. No. 05-10 §§ 5,
6; Ord. No. 2014-14 §§ 6,
8]
The regulations which control development in each district are
set forth in the attached schedules in Appendix D, Schedule XI-1 District
Use Regulations and Schedule XI-2 Area and Bulk Regulations, set forth
at the end of this chapter, and which are also supplemented by other
sections of this chapter.
[Ord. No. 98-6 § 2,
Art. XI § 15-100; Ord. No. 2014-14 § 8]
Prior to the commencement of a use, change of use or change
of occupancy, and prior to the erection, construction, reconstruction,
alteration, conversion, relocation or installation of a building or
structure, a zoning permit shall be obtained from the administrative
officer. The following provisions shall apply to the issuance of zoning
permits:
a.
Zoning Permits. If no construction permit shall have been issued
previously, no land shall be occupied or used in whole or in part
for any purpose whatsoever unless and until a zoning permit shall
have been issued by the Zoning Officer.
1.
A zoning permit shall be required for the use of any premises which
does not contain a building.
2.
Whenever there shall be a change contemplated in the use of any premises
which does not have a building upon it, a new zoning permit shall
be required.
3.
The Zoning Officer shall issue or deny a zoning permit within seven
days of the application, unless site plan approval is required, in
which case he shall issue a zoning permit within seven days of the
resolution of site plan approval.
b.
Certificates of Occupancy. No building or structure hereafter erected
or altered and no building in which the occupancy, use or tenancy
shall have been changed, including a change from one permitted use
to another kind of permitted use in the same district, as well as
any change in tenancy for nonresidential use or in the nonresidential
districts, shall be occupied or used in whole or in part for any purpose
whatsoever unless and until an application for a zoning permit or
continuing certificate of occupancy has been reviewed and approved
by the Planning Board. The Planning Board may, at its discretion,
require a full site plan review. Such approval shall be a prerequisite
to the issuance of a new certificate of occupancy. In addition, the
following provisions shall apply:
1.
Temporary certificates of occupancy shall not be issued by the Construction
Official without first receiving approval from the Borough Engineer,
who shall ascertain the adequacy of required improvements installed
to protect the general welfare of the public.
2.
Every change in tenancy for a nonresidential use or in the nonresidential
districts shall comply with Chapter 330, Laws of N.J. 1983 (Environmental
Cleanup Responsibility Act).
3.
The Construction Official shall issue or deny a certificate of occupancy
within 10 days of the application, unless site plan approval is required,
in which case he shall issue the certificate of occupancy within 10
days of the date of the resolution of site plan approval.
c.
Prerequisite for Issuance of Zoning Permits and Certificates of Occupancy.
No zoning permit or certificate of occupancy shall be issued by the
Zoning Officer or Construction Official until he has ascertained that
all of the requirements of this chapter and any other applicable Borough
or State regulations and ordinances, Board of Adjustment decisions,
necessary resolutions of the Borough Council and a site plan as approved
by the Planning Board have been and are fully complied with. All improvements
shown on any site plan shall have been installed on the premises in
question before any zoning permit or certificate of occupancy, as
the case may be, shall be issued.
d.
Terms and Conditions of Zoning Permits and Certificates of Occupancy.
A zoning permit or certificate of occupancy shall specify the use
of the land and/or building(s) and any terms or conditions imposed
thereunder, including but not limited to the number of employees,
required parking spaces and traffic impact. Any change in use, including
a change from one permitted use in the same district, as well as any
change in tenancy for other than a single-family detached, single-family
attached, or multi-family dwelling shall be treated as a new use and
a new zoning permit or certificate of occupancy, as the case may be,
shall be required. The Planning Board shall review any change of use
in the nonresidential districts prior to the issuance of a zoning
permit or certificate of occupancy. Before any zoning permit or certificate
of occupancy shall be issued for any such change in use, all provisions
of this chapter shall be complied with in the same manner as if the
new use were an initial use of land or a new structure or building.
e.
Records. It shall be the duty of the Construction Official and the
Zoning Officer, respectively, to keep records of all applications
for construction permits, certificates of occupancy or zoning permits
and of all such permits and certificates issued, together with a notation
of all special terms or conditions imposed thereunder. Each shall
be responsible for the filing and safekeeping of all plans and specifications
submitted to him with any application, and the same shall form a part
of the records of his office and shall be available to all officials
of the Borough of Fairview. Copies of any permits or certificates
shall be furnished upon request to any person who shall have a right
thereto by law.
[Ord. No. 98-6 § 2,
Art. XI § 15-101; Ord. No. 2014-14 § 8]
a.
No building shall be erected, moved, altered, constructed, reconstructed
or enlarged except as specified in this chapter, nor shall any land
or building be used for any purpose or in any manner, except in conformity
with all the regulations, requirements and/or restrictions specified
in this chapter for the district in which such building or land is
located.
b.
In interpreting and applying this chapter, the requirements contained
herein are declared to be the minimum requirements for the protection
and promotion of the public health, safety, morals and general welfare.
[Ord. No. 98-6 § 2,
Art. XI § 15-102A; Ord. No. 2014-14 § 8]
[Ord. No. 98-6 § 2,
Art. XI § 15-102B; Ord. No. 2014-14 § 8]
Except as otherwise specified for nonconforming uses, structures,
sites or lots, any use, building or structure existing at the time
of the enactment of this chapter may be continued, even though such
use, building or structure may not conform to the provisions of this
chapter for the district in which it is located.
[Ord. No. 98-6 § 2,
Art. XI § 15-102C; Ord. No. 2014-14 § 8]
Exclusive of single and two-family dwellings as permitted in
this chapter, penthouses or roof structures for the housing of elevators,
stairways, tanks, ventilating fans, air conditioning equipment, or
similar equipment required to operate and maintain the building, may
be erected to a maximum ten-foot height on a roof, irrespective of
height limitations imposed for the zone in which the building is located;
fire or parapet walls, skylights, spires, cupolas, chimneys, or similar
structures may also be erected above the height limits prescribed
by this chapter, but in no case more than 10% of the maximum height
permitted in the district. The height limitations required in each
zone shall not apply to house of worship steeples, public school buildings
and structures, municipally owned buildings, masts, flag poles, and
water towers. The maximum height for these uses shall not exceed 50
feet or the height limitation set for the zone district in which it
is located, whichever is lesser.
[Ord. No. 98-6 § 2,
Art. XI § 15-102D; Ord. No. 2014-14 § 8]
The area or dimension of any lot, yard or other space shall
not be reduced to less than the minimum required by this chapter,
and if already existing at less than the minimum required by this
chapter, the area or dimension may be continued and shall not be further
reduced.
[Ord. No. 98-6 § 2,
Art. XI § 15-102E; New; Ord. No. 2014-14 § 8]
All off-street parking and loading shall be located on the lot
on which the principal use is located. Exemptions to this requirement
may be granted for properties in the B-1 District, with frontage on
Anderson Avenue. If an exemption is granted, the property owner must
provide a fee to the Borough in lieu of on-site parking. The fee shall
be applicable to parking improvements in the Borough. The fee shall
be $500 for each parking space not provided on-site.
[Ord. No. 98-6 § 2,
Art. XI § 15-102F; Ord. No. 2014-14 § 8]
A lot which at the time of the adoption of this chapter fails
to comply with the minimum lot size requirements of this article may
be used for any use permitted in the district in which it is located
provided the lot is in single ownership at the time of the adoption
hereof, and providing all yard requirements hereof are complied with.
In the event that an undeveloped lot which fails to comply with the
minimum lot size requirements of this article is contiguous and in
single ownership with another contiguous lot, such lots shall be deemed
merged and construed to be one lot for all purposes. Use thereof as
other than one lot is prohibited except as may be authorized by subdivision
approval.
[Ord. No. 98-6 § 2,
Art. XI § 15-102G; Ord. No. 2014-14 § 8]
There shall be no more than one principal building on each lot
except as permitted for in the following districts, and as regulated
herein.
[Ord. No. 98-6 § 2,
Art. XI § 15-102H; Ord. No. 2014-14 § 8]
There shall be no more than one principal use on each lot. Multiple
uses shall be permitted in the B, B-1, B-2 and I Zones.
[Ord. No. 05-10 § 4; Ord. No. 2014-14 § 8]
Driveways that do not lead to a garage or carport on residential
lots in the R-A and R-B zones are prohibited.
[Added 3-4-2019 by Ord.
No. 19-3]
Bathrooms in the basement/ground floor of every residential
dwelling shall be limited to two fixtures: toilet and sink.
[Added 3-4-2019 by Ord.
No. 19-3]
Doors to the basement/ground floor of every residential dwelling
shall be located in the rear of the building and shall be a glass
sliding door. Side doors are prohibited.
