[Ord. No. 98-6 § 2,
Art. XIII § 15-105A; Ord. No. 2014-14 § 8]
Community residences for the developmentally disabled and community
shelters for victims of domestic violence shall be a permitted use
in all residential districts, subject to the following:
a. A community residence or shelter shall comply fully with all zoning
and health regulations applicable to single-family residences in the
zone district in which it is located.
b. A community residence or shelter may not be occupied by more than
six residents, excluding resident staff.
[Ord. No. 98-6 § 2,
Art. XIII § 15-105B; Ord. No. 2014-14 § 8]
Applications for freestanding child-care centers as a permitted
principal use shall comply with the following:
a. Area and Bulk Regulations:
Regulation
|
District B, B-1, B-2 and I
|
---|
Minimum lot area (square feet)
|
7,500
|
Minimum lot width (feet)
|
75
|
Minimum lot depth (feet)
|
100
|
Minimum front yard (feet)
|
15
|
Minimum side yards (feet)
|
10
|
Minimum rear yards (feet)
|
10
|
Maximum building coverage (percent)
|
50
|
Maximum impervious coverage (percent)
|
70
|
Maximum building height (stories/feet)
|
2/30
|
b. A minimum of 150 square feet of outdoor play area per child shall
be provided. Play areas shall be permitted in the rear and side yards
only and shall be enclosed by a fence at least four feet in height
and landscaped and screened from adjoining properties.
c. One off-street parking space shall be provided for every 10 children
which the center is designed to accommodate.
d. Such facility shall comply with all applicable governmental requirements
and shall be licensed by the New Jersey Department of Human Services.
e. A child-care facility may be permitted to occupy an entire building
or a portion of an existing building which is partially occupied by
other uses, irrespective of any other ordinance limitations on the
number of principal permitted uses allowed on a lot.
f. The floor area occupied by a child care center in any building for
which the child care center is an accessory use, shall be excluded
in calculating any parking requirement otherwise applicable to that
amount of floor space and shall be excluded from the permitted floor
area ratio allowable for that building.
[Ord. No. 98-6 § 2,
Art. XIII § 15-106A; Ord. No. 2014-14 § 8]
No accessory building or structure shall be built on any lot
on which there is not a principal building or structure.
a. Accessory structures or uses shall not be located in the required
front yard or within the front half of the side yard of any residential
zone and may be erected anywhere within the required rear yard, except
as provided herein:
1. In all residential zones, no accessory structure or use shall be
located within five feet of a side or rear property line, provided
that decks shall require a ten-foot setback.
2. Accessory structures shall be set back minimally 10 feet from the
principal building.
3. Light posts, mailboxes, fences, signs and retaining walls shall be
permitted within the required front yard of any residential use. Off-street
parking is also permitted in a front yard, restricted to the paved
driveway area.
b. No accessory structure or use in a residential zone shall exceed a height of 15 feet and 1 1/2 stories, except as provided in Subsection
25-1207.3.
c. No accessory structure or use shall occupy an area greater than 15%
of the area of the rear yard.
d. When an accessory structure or use is attached to the principal building,
it shall comply in all respects with the requirements of this chapter
applicable to the principal building or use.
e. In the case of a through lot, no accessory structure or use shall
encroach upon that fourth of the lot depth nearest each street upon
which the lot has frontage.
f. No accessory structure shall be used for human habitation.
[Ord. No. 98-6 § 2,
Art. XIII § 15-106B; Ord. No. 2014-14 § 8]
No accessory building or structure shall be built on any lot
on which there is not a principal building or structure.
a. Accessory structures or uses shall not be located in the required
front yard of a nonresidential zone, except that off-street parking
spaces shall be permitted, but in no case shall the parking lot or
portion thereof be permitted closer than 15 feet from the street line.
b. Accessory structures or uses shall not be located within five feet
of a side or rear lot line. Accessory structures shall be minimally
10 feet from the principal building.
c. No off-street loading area or loading facility shall be permitted
in a front yard.
d. No accessory structure or use in a nonresidential zone shall exceed a height of 15 feet and 1 1/2 stories, except as provided in §
25-1302c.
e. In any nonresidential zone, when an accessory structure or use is
attached to the principal building, it shall comply in all respects
with the requirements of this chapter applicable to the principal
building or use.
f. No accessory structure or use shall occupy an area greater than 15%
of the area of the rear yard.
[Ord. No. 98-6 § 2,
Art. XIII § 15-106C; Ord. No. 2014-14 § 8]
Private garages shall be permitted as accessory uses in all
residential zones, either as detached structures or as part of the
main building. Not more than one commercial vehicle which shall not
exceed 6,000 pounds in gross weight shall be stored in the garage.
[Ord. No. 98-6 § 2,
Art. XIII § 15-106D; Ord. No. 99-11; Ord. No. 2014-14 § 8]
a. Swimming pools shall not be located within five feet of a side or
rear lot line and shall be a minimum of 10 feet from the dwelling
to which they are accessory uses.
b. Swimming pools shall be suitably fenced in accordance with the Borough requirements as set forth in Subsection
25-1402.5 below and the following: The edge of the pool shall be set back a minimum of 20 feet from all property lines, and no part of the pool shall be nearer to any street line than the rear wall of the main building which is located nearest to the street nor closer to the rear or side wall than the maximum depth of the pool.
[Ord. No. 98-6 § 2,
Art. XIII § 15-106E; Ord. No. 98-22; Ord. No. 2014-14 §§ 2,
8]
a. No fence or wall shall be erected, altered or constructed in any
residential zone which shall exceed four feet in height above ground
level.
b. No fence or wall shall be erected, altered or constructed in any
nonresidential zone which shall exceed six feet in height above ground
level.
c. Notwithstanding the above provisions, if it is demonstrated that a retaining wall of a height greater than that set forth in Subsection
25-1402.5a and
b above, is necessary, the retaining wall shall be terraced to enable suitable plantings to be installed along the retaining wall.
d. Notwithstanding the above provisions, no fence or wall shall be erected,
altered or constructed in any zone which shall violate the provisions
set forth regarding sight triangles.
e. The finished side of a fence shall face the adjoining properties.
f. On lots, interior to blocks within residential zones, a fence may
be erected having a maximum height of 6 feet along rear and also alongside
property lines, which may connect to the principal structure, provided
the fence does not extend into the front yard.
[Ord. No. 2014-14 § 2]
[Ord. No. 98-6 § 2,
Art. XIII § 15-106F; Ord. No. 2014-14 § 8]
Signs shall be regulated in accordance with §
25-1601, Signs.
[Ord. No. 98-6 § 2,
Art. XIII § 15-106G; Ord. No. 2014-14 § 8]
a. An office of a resident professional shall not exceed 30% of the
floor area of the building in which it is located.
b. An office of a resident professional shall have a maximum of two
employees and one professional and shall provide four parking spaces
in a double-width driveway.
[Ord. No. 98-6 § 2,
Art. XIII § 15-106H; Ord. No. 2014-14 § 8]
Application for a child-care center as a permitted accessory
use shall comply with the following:
a. A child-care center shall be permitted to occupy as an accessory
use a portion of a building which is occupied as a principal permitted
use in all nonresidential zones. This use shall be available to the
occupants of the building and may also be available to others, provided
that:
1. The facility is licensed by the New Jersey Department of Human Services.
2. A minimum of 150 square feet of outdoor play area per child shall
be provided. Play areas shall be permitted in the rear and side yards
only and shall be enclosed by a fence at least four feet in height
and landscaped and screened from adjoining properties.
3. The area and bulk requirements applicable to the zone in which the
site is located shall be complied with.
4. No more than 15% of a building shall be occupied as a day-care center.
5. No additional parking shall be required.
[Ord. No. 98-6 § 2,
Art. XIII § 15-107A; Ord. No. 2014-14 §§ 3, 8]
Churches, temples and other places of worship shall be governed
by the following regulations:
a. Area, Bulk and Yard Requirements.
1. Minimum lot area (square feet): 20,000.
2. Minimum lot width (feet): 100.
3. Minimum lot depth (feet): 200.
4. Minimum front yard (feet): 25.
5. Minimum side yards (feet): 15.
6. Minimum rear yard (feet): 20.
7. Maximum building height (stories/feet): 2.5/35.
8. Maximum building coverage (percent): 50.
9. Maximum impervious coverage (percent): 70.
b. Where two or more buildings are located on a site, they shall be
separated by a thirty-foot yard.
c. Off-street parking is to be provided as required by the parking schedule as set forth at Table 1 of §
25-1003 titled "Off-Street Parking Requirements."
[Ord. No. 2014-14 § 3]
[Ord. No. 98-6 § 2,
Art. XIII § 15-107B; Ord. No. 2014-14 § 8]
a. Enclosed Structures. Such public utility services as and including
electric substations, transformers, switches and auxiliary apparatus
serving a distribution area, water well sites and pumping stations
are permitted in all zones and shall be subject to the following regulations:
1. The location, design and operation of such facility may not adversely
affect the character of the surrounding residential area. Adequate
fences, barriers and other safety devices shall be provided. Such
facilities shall be adequately landscaped and screened.
2. The location of the structures regulated in this section shall comply
with the setback requirements of the zone in which they are located;
provided, however, that telephone cabinets and electric relay stations
may be located at property lines. Such facilities shall be landscaped
and screened in order to minimize their visual impact.
b. Open Structures and Facilities.
1. Such uses shall be limited to the erection, construction, alteration
or maintenance, by public utilities or municipal or other governmental
agencies, of electric, gas, water transmission or distribution/collection
systems, telephone and cable television lines, communication, water
supply or sewage treatment and collection systems, including poles,
wires, mains, drains, sewers, pipes, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, light stanchions, telephone
lines, hydrants and other similar equipment and accessories in connection
therewith reasonably necessary for the furnishing of adequate services
by public utilities or municipal or other governmental agencies for
the public health, safety or general welfare, but not including buildings.
2. Adequate landscaping or screening shall be provided where applicable.
[Ord. No. 98-6 § 2,
Art. XIII § 15-107C; Ord. No. 2014-14 § 8]
a. All nonpublic schools, where permitted, shall be subject to the following:
1. The school or instruction shall be a nonprofit organization within
the meaning of the Internal Revenue Act and registered effectively
as such thereunder.
2. Such school shall have as its prime purpose the general education
of students in the arts and sciences and shall be licensed by the
State Department of Education as required by law.
3. Any school permitted under this section shall be permitted on the
principal roadways as identified in the Borough Land Use Plan.
b. All schools permitted herein shall comply with all applicable regulations
of the State Board of Education and to the following:
1. Minimum lot area (square feet): 25,000.
2. Minimum lot width (feet): 100.
3. Minimum front yard (feet): 30.
4. Minimum side yards (feet): 20.
5. Minimum rear yard (feet): 25.
6. Minimum recreation area (square feet per pupil): 100.
7. Maximum building coverage (percent): 25.
8. Maximum impervious coverage (percent): 50.
9. Maximum building height (stories/feet): 2.5/35.
[Ord. No. 98-6 § 2,
Art. XIII § 15-107D; Ord. No. 2014-14 § 8]
a. No gasoline, service station, garage or automobile repair facility
shall be located within 200 feet of a school, place of worship, hospital,
funeral home, theater, library or any place of public assembly.
b. Vehicular access to or exit from a service station shall not be closer
to the intersection of any two streets than 50 feet, nor shall any
such drive be located within 50 feet of any boundary line of any residential
district.
c. Fuel pumps shall be permitted within the required front yard but
in no event closer than 20 feet from the street line. Canopies above
fuel pump islands may extend to within 15 feet of a street line.
d. No outdoor hydraulic or mechanical lifts shall be permitted. All
automobile repair work shall be done inside the building.
e. Automobile service stations shall require a minimum lot area of 15,000
square feet with at least 100 feet of street frontage. The yard and
bulk requirements of the B Zone shall be applicable to automobile
service stations.
f. Hours of operation shall be limited to between 6:00 a.m. to 10:00
p.m.
[Ord. No. 98-6 § 2,
Art. XIII § 15-107E; Ord. No. 2014-14 § 8]
All buildings shall be a minimum 25 feet from any property line.
[Ord. No. 98-6 § 2,
Art. XIII § 15-107F; Ord. No. 2014-14 § 8]
a. No more than one satellite antenna shall be permitted on a lot, and
such antenna shall be accessory to the principal permitted use on
a lot.
b. The satellite antenna shall be designed for use by the occupants
of the main building, provided that, in the case of multi-family residential
districts, the antennas shall be designed for use by the occupants
of the multi-family dwelling units.
c. The above provision with respect to multifamily residential districts
does not confer any franchise rights upon an applicant. The applicant
shall demonstrate that such use does not violate any existing cable
television or other franchise agreements.
d. Ground-mounted and roof-mounted satellite antennas shall be permitted,
as regulated herein, and shall require a building permit. Tower-mounted
satellite dish antennas are prohibited.
[Ord. No. 98-6 § 2,
Art. XIII § 15-107G; Ord. No. 2014-14 § 8]
a. At home occupation shall be incidental to the use of a dwelling unit
for residential purposes. The area set aside for home occupations
shall not exceed 30% of the total floor area of such residence, provided
that in no event shall more than 500 square feet of the floor area
of the dwelling unit be used in connection with a home occupation
or for storage purposes in connection with a home occupation.
b. Only members of the immediate family permanently residing on the
premises shall be employed in the home occupation.
c. A home occupation may be open to the public between 8:00 a.m. and
8:00 p.m. but shall not be open on Sundays or legal holidays.
d. No more than one home occupation shall be permitted within any single
dwelling unit.
e. A home occupation shall be carried on wholly within the principal
building. No home occupation nor any storage of goods, materials or
products connected with a home occupation shall be allowed in accessory
buildings or attached or detached garages, driveways, walkways or
yards.
f. Merchandise shall not be displayed or offered for sale either within
or outside of the residence.
g. There shall be no change in the outside appearance of the dwelling
or premises or any visible evidence of the conduct of a home occupation.
No advertising display signs shall be permitted.
h. No equipment or process shall be used in a home occupation which
creates noise, vibration, glare, fumes or odor detectable to the normal
senses off the property. No equipment or process shall be used which
creates visual or audible electrical interference in any radio or
television receiver, off the premises or causes fluctuations in line
voltage off the premises.
i. The use shall not generate additional pedestrian or vehicular traffic.
Visitors, customers or deliveries shall not exceed those normally
and reasonably occurring for a residence, including not more than
two business visitors an hour and eight a day and not more than two
deliveries of products or materials a week.
j. The home occupation shall not involve the use of commercial vehicles
for delivery of materials to or from the premises, other than one
vehicle not to exceed 3/4 ton owned by the resident of the dwelling,
which shall be parked in an adequate off-street parking area.
k. The use shall not require additional off-street parking spaces for
clients or customers of the home occupation.
l. Home occupation such as phone answering services, typing, sewing,
child care, tutoring and individual music instruction, limousine services,
customarily conducted within a dwelling by the residents thereof,
which is clearly secondary to the use of the dwelling for living purposes
and does not change the character thereof subject to the conditions
and limitations set forth in this section.
[Added 9-15-2015 by Ord.
No. 15-15]
m. Not more than one motor vehicle used in connection with said home
occupation including but not limited to a limousine, van, pickup truck
or other similar vehicle, shall be stored on the premises, which said
vehicle shall be stored in a fully enclosed garage except while actually
in use.
[Added 9-15-2015 by Ord.
No. 15-15]
n. Except for the storage of one motor vehicle, no home occupation shall
be conducted other than within the principal building.
[Added 9-15-2015 by Ord.
No. 15-15]
[Ord. No. 98-6 § 2,
Art. XIII § 15-107G; Ord. No. 2014-14 § 8]
a. Such facility may not be located closer than 200 feet to any residential
zone district or residential use, school, hospital, funeral home,
house of worship, existing auto service station or car wash, public
library, firehouse or place of public assembly.
b. Queue Area. The total queue area will be seven times the maximum
capacity of the car wash for vehicles awaiting entrance and 1 1/2
times the capacity for vehicles beyond the exit for hand drying. The
capacity is defined as the greatest possible number of vehicles being
washed at the same time and is determined by dividing the length of
the equipment line by 20 feet.
[Ord. No. 98-6 § 2,
Art. XIII § 15-107G; Ord. No. 2014-14 § 8]
The establishment must provide queuing capacity for four vehicles
at each drive-thru banking lane.
[Ord. No. 01-27 §§ 2-4;
Ord. No. 02-8 §§ 2, 3; Ord. No. 2014-14 § 8]
Establishments who have as their primary purpose the playing
of pool, video or arcade games, bowling or movie theater shall be
a permitted conditional use in the I Zone and expressly subject to
the conditions as set forth in said area and shall not be permitted
as a primary use in any other zone of the Borough.
a. The premises in question must be located in an I Zone.
b. The lot must not be within 150 feet of a church and/or house of worship.
c. The lot must not be within 150 feet of a day care center.
d. The lot must not be within 150 feet of a school.
e. The premises and all other structures lawfully thereon must in all
other respects comply with the zoning requirements for the I Zone,
as established by the Zoning Ordinance of the Borough of Fairview,
except that the parking requirements shall be determined in accordance
with the Zoning Ordinance of the Borough of Fairview, as made applicable
to the use of eating and drinking establishments as set forth therein,
or have one parking space for each 100 square feet of premises used
for the purposes described in this section of this chapter, whichever
is greater.
f. Site plan approval must be obtained from the Planning Board.
g. A pool hall, billiard room, or pool parlor includes any club, room,
place, premises, store or establishment in which more than one pool
table or billiard table shall be established, operated or maintained
for the purpose of gain or profit by any person.
[Ord. No. 98-6 § 2,
Art. XIII § 15-108; Ord. No. 2014-14 § 8]
A lawful use of land, buildings or structures existing at the
effective date of this chapter may be continued on the lot or in the
structure although it may not conform to this chapter, and any such
structure may be restored or repaired in the event of partial destruction
thereof; provided, however, that none shall be enlarged, extended,
relocated, converted to another use or altered except in conformity
with this chapter, except as permitted below. Land on which a nonconforming
use or structure is located and any nonconforming lot shall not be
subdivided so as to be made more nonconforming.
a. Abandonment. A nonconforming use shall be considered abandoned if
it is terminated by the owner; if a nonconforming use involving a
structure is discontinued for 12 consecutive months; or if a nonconforming
use of land without structure(s) ceases for a period of six months.
The subsequent use of the abandoned building, structure and/or land
shall be in conformity with this chapter.
b. Maintenance may be made to a nonconforming use, structure or lot,
provided that the maintenance work does not change the use, expand
the building or the functional use of the building, increase the area
of a lot used for a nonconforming purpose or increase the nonconformity
in any manner.
c. Building Additions. Any existing structure with a permitted use located
on a conforming or nonconforming lot which violates any yard requirements
may have additions to the principal building, and/or an accessory
building may be constructed without an appeal for a variance, provided
that the total permitted building coverage is not exceeded and the
accessory building and/or the addition does not violate any other
requirements of this chapter.
d. Subdivision of Lots. An existing lot whose area and/or dimensions
are sufficient to permit a subdivision, but where a structure exists
on the lot with one or more setback violations, may nevertheless be
subdivided without an appeal for a variance, provided that the subdivision
itself does not create any new zoning violations and does not increase
the severity of the existing setback violation such as moving the
lot line even closer to the existing building.
e. Restoration and Repairs.
1. Any nonconforming building, structure or use which has been condemned
or damaged by fire, explosion, flood, windstorm or act of God shall
be examined by the following three people: the Borough Engineer, the
owner or an architect or engineer selected by the owner and a third
person agreed to by the Borough Engineer and the owner. If the value
of repairing the condition is greater than 50% of the value of replacing
the entire structure, it shall be considered completely destroyed
and may be rebuilt to the original specifications only upon approval
of a use variance as provided by State statutes.
2. Where the value of repairing the condition is determined to be less
than 50% of the value of replacing the entire structure, the nonconforming
structure or use may be rebuilt and used for the same purpose as before,
provided that it does not exceed the height, area and bulk of the
original structure. The reconstruction shall commence within 12 consecutive
months of the date the building was damaged or condemned with the
reconstruction carried out without interruption; otherwise the damaged
structure shall not be rebuilt as a nonconforming use or building.