[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:
R-A
Low Density Single Family Residential District
R-B
Moderate Density One and Two Family District
R-C
Medium Density Three to Six Family District
R-D
Medium Density Garden Apartment District
R-E
Senior Housing
R-F
High Density High Rise Residential District
B
General Business
B-1
Central Business District
B-2
Business Residential
I
Industry
[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]
a. 
All uses not expressly permitted in each zone district are prohibited.
b. 
The following uses are prohibited:
[Added 6-28-2021 by Ord. No. 21-15]
1. 
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies by a delivery service.
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
[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.
a. 
R-D - Medium Density Garden Apartment Zone District
b. 
R-E - Senior Housing Zone District
c. 
R-F - High Density High Rise Residential Zone District
d. 
I - Industry Zone District
e. 
The following requirements shall be applicable to lots with more than one principal building:
1. 
The front, side and rear yard requirements shall be complied with for all buildings;
2. 
The off-street parking and loading requirements shall be computed separately for all buildings.
[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.
[Added 12-16-2025 by Ord. No. 25-18]
a. 
Purpose. This section is intended to ensure that any site that benefits from a subdivision or site plan approval, rezoning, use variance, redevelopment plan or rehabilitation plan approved by the Borough or a Borough land use board that results in five or more new multi-family or single-family attached dwelling units produces affordable housing at a set-aside rate of 20% for affordable for-sale units and at a set-aside rate of 20% for affordable rental units. This section shall apply except where inconsistent with applicable law.
b. 
Mandatory Set-Aside Requirement.
1. 
Any multi-family or single-family attached residential development, including the residential portion of a mixed-use project, that is approved to contain five or more new dwelling units as a result of a subdivision or site plan approval, rezoning, use variance, redevelopment plan or rehabilitation plan approved by the Borough or a Borough land use board shall be required to set aside a minimum percentage of units for affordable housing.
2. 
For inclusionary projects in which the low and moderate units are to be offered for sale, the minimum set-aside percentage shall be 20%; for projects in which the low and moderate income units are to be offered for rent, the minimum set-aside percentage shall be 20%. Where the set-aside percentage results in a fractional unit, the total set-aside requirement shall be rounded upwards to the next whole number.
3. 
Nothing in this section precludes the Borough or a Borough land use board from imposing an affordable housing set-aside in a development not required to have a set aside pursuant to this section consistent with N.J.S.A. 52:27D-311h and other applicable law.
4. 
This requirement does not create any entitlement for a property owner or applicant for subdivision or site plan approval, a zoning amendment, use variance, or adoption of a redevelopment plan or rehabilitation plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.
5. 
This requirement does not apply to any sites or specific zones for which higher set aside standards have been or will be established, either by zoning, subdivision or site plan approval, or an adopted redevelopment plan or rehabilitation plan.
6. 
Furthermore, this requirement shall not apply to residential expansions, additions, renovations, replacement, or any other type of residential development that does not result in a net increase in the number of dwellings by five or more.
7. 
Where a developer demolishes existing dwelling units and builds new dwelling units on the same site, the provisions of this section shall apply only if the net number of dwelling units is five or more.
8. 
All subdivision and site plan approvals of qualifying residential developments shall be conditioned upon compliance with the provisions of this section.
9. 
All affordable units to be produced pursuant to this section shall comply with the Borough's Code and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), as may be amended from time to time, and any applicable order of the Court, including a Judgment of Compliance and Repose Order.
[Added 3-13-2026 by Ord. No. 26-04]
a. 
Purpose. The purpose of this chapter is to establish overlay zone so as to provide opportunity to develop multifamily residential housing units which are affordable to low- and moderate-income families consistent with the Borough's constitutional obligation to provide affordable housing pursuant to the New Jersey Supreme Court's Mount Laurel decisions. Development is to be limited in height, density, and development coverages, with adequate space provisions comparable with the suburban character of the Borough of Fairview. Where a proposed use is permitted in both the underlying zone district and overlay zone, the development regulations of the underlying zone district shall apply, unless the developer elects to develop in accordance with the AHO zone standards set forth herein.
b. 
Permitted Principal Uses. Within the AHO District multi-family and single-family attached townhouse residential development shall be permitted subject to the specific conditions and limitations as set forth in this chapter.
1. 
Multifamily shall mean a building or portion thereof, designed exclusively for occupancy containing three or more units either for ownership or rent;
2. 
Townhouse shall mean a self-contained, one-family dwelling unit, attached to one or more other one-family dwelling units, having direct access to the outside, including stacked units sharing a common exterior entrance and interior hallway for access to the stacked unit.
c. 
Required affordable housing set-aside. Any residential development within the AHO zones shall be required to provide a minimum of 20% of the total number of units on-site to be constructed as affordable to low- and moderate-income eligible families. In instances where an affordable unit results in a fractional requirement, consideration may be given towards providing an in lieu of payment for the fractional portion of the required set aside.
d. 
Permitted Accessory uses. Within the AHO District, the following accessory uses shall be permitted:
1. 
Laundry rooms, recreational rooms, and other similar such accessory sues which are for the common benefit of all residents of the multifamily development.
2. 
Outdoor recreational facilities including but not limited to swimming pools, tennis courts, basketball courts, and playground equipment.
3. 
Fences, garden walls, and other landscape features, including decorative pools, fountains, statuary, terraces, steps, benches.
e. 
Minimum lot size requirements. The minimum lot size within the AHO zones shall not be less than 6,000 square feet.
f. 
Dwelling unit density. Dwelling density shall not exceed 40 dwelling units an acre.
g. 
Lot Coverage. The sum of all principal and accessory structures shall not exceed 50% for multi-family development and 40% for townhouse development.
h. 
Impervious Coverage. The maximum impervious coverage for development within the AHO zone shall not exceed 70% for townhouse development and 80% for multi-family development.
i. 
Yard Requirements:
1. 
Front Yard: 20 feet.
2. 
Side Yard: five feet/10 feet.
3. 
Rear Yard: 10 feet.
(a) 
In the case of a corner lot, each yard which abuts the street shall be considered a front yard, and the lot shall comply with front yard setback requirements and all other front yard requirements and limitations set out in this chapter respecting each street.
j. 
Open Space. Any premise used for multifamily dwellings shall contain a minimum of 20% of lot area as open space. Any premises with townhouse development shall contain a minimum of 30% area as open space.
1. 
Roof space on accessory buildings or structures, including roof space on parking facilities, may be used as required open space, provided that:
(a) 
Such space shall be accessible to occupants of the dwelling units it is designed to serve, by pedestrian means of access other than stairs.
(b) 
Such space shall, on at least one side, be at the same grade as the land abutting it.
(c) 
Such space shall, on all sides, be not more than 12 feet above the grade of the land abutting it.
(d) 
Such space shall contain railings, fencing or similar treatment to make it safe and suitable for recreational use.
k. 
Buffer requirements. A landscaped buffer area shall be required and consist of planted materials intended to provide an attractive visual screen within all of the following described areas adjacent to each side lot line and the rear lot line of each lot:
1. 
When adjacent to property used or zoned for residential purposes: 25 feet.
2. 
When adjacent to property used for nonresidential purposes: 15 feet.
l. 
Height Limitations. Multi-family dwellings has a maximum height of six stories and 60 feet. Townhouses have a maximum height of four stories and 40 feet.
1. 
Building height shall be measured as the vertical distance between the average finished grade and the highest point of a building or structure. The highest point shall be the coping of a flat roof without a parapet, the midpoint of the parapet on a flat roof, the deckline of a mansard roof, or the midpoint between the eaves and highest ridge of a gable, gambrel, or hipped roof.
2. 
Elevator shafts, solar collectors, and mechanical equipment necessary for building functions and maintenance shall not be included in the calculation of the maximum building height, provided the shafts and equipment are screened or integrated into architectural rooflines so as not to be discernable from the public street level.
3. 
No roof structure shall be allowed for the purpose of providing additional interior floor space.
m. 
Architectural Design Standards.
1. 
Facade Design:
(a) 
Horizontal articulation between floors. Each facade should be designed to have a delineated floor line between street level and upper floors. This delineation can be in the form of a masonry belt course, a concrete lintel or a cornice line delineated by wood detailing.
(b) 
Vertical articulation. Each building facade facing a public right-of-way must have elements of vertical articulation comprised of columns, piers, recessed windows or entry designs, overhangs, ornamental projection of the molding, different exterior materials or wall colors, or recessed portions of the main surface of the wall itself. The vertical articulations shall be designed in accordance with the following:
(1) 
Each vertical articulation shall be no greater than 30 feet apart.
(2) 
Each vertical articulation shall be a minimum of one foot deep.
(3) 
Each vertical projection noted above may extend into the required front yard a maximum of 18 inches in depth.
(4) 
Building walls with expansive blank walls are prohibited on any building facade regardless of its orientation.
n. 
Landscape Requirements.
1. 
Landscaping shall be provided to promote a desirable visual environment, to accentuate the building design, define entranceways, screen parking areas, mitigate adverse visual impacts and enhance buffer areas. Plants and other landscaping materials shall be selected in terms of aesthetic and functional considerations. The selection of plants in terms of susceptibility to disease and insect damage, wind and ice damage, habitat (wet-site, drought, sun and shade tolerance), soil conditions, growth rate, longevity, root pattern, maintenance requirements, etc., should be considered.
2. 
Landscaped islands should be at least six feet in width to accommodate planting.
3. 
Landscaping within sight triangles shall not exceed a mature height of 30 inches. Shade trees shall be pruned up to an eight-foot branching height above grade.
4. 
Areas not improved with buildings, structures, and other man-made improvements shall be landscaped with trees, shrubs, ground cover, street furniture, sculpture or other design amenities.
5. 
Shade trees shall be a minimum of 2.5-3 inch caliper with a canopy height of at least the minimum American Nursery and Landscape Association Standards for this caliper.
o. 
Lighting. All lighting fixtures and foot candle standards for parking areas and recreation facilities shall be consistent with the standards outlined by the Illuminating Engineering Society of North America.
1. 
The intensity, shielding, direction and reflecting of lighting shall be subject to site plan approval by the Borough Engineer and Land Use Board.
2. 
All parking areas, walkways, building entrances, and driveways required for uses in this zone shall be adequately illuminated during the hours of operation that occur after sunset.
p. 
Signage. Signage shall be permitted subject to the requirements of § 25-1601.