Fair Lawn City Zoning Code
ARTICLE III
Zoning Regulations
§ 125-9 Zones established.
[Amended 2-16-2010 by Ord. No. 2172-2010; 2-16-2010 by Ord. No. 2173-2010; 2-23-2010 by Ord. No. 2179-2010; 5-14-2013 by Ord. No. 2272-2013; 6-16-2015 by Ord. No. 2354-2015; 1-26-2016 by Ord. No. 2371-2016; 8-16-2016 by Ord. No. 2400-2016; 6-28-2022 by Ord. No. 2625-2022]
For the purpose of promoting the public health, safety, morals and general welfare of the community, the Borough of Fair Lawn is hereby divided into the following zones:
R-1-1 | One-Family Residential |
R-1-2 | One-Family Residential |
R-1-3 | One-Family Residential |
R-2 | Two-Family Residential |
R-3-1 | Multiple-Family Residential |
R-3-2 | Multiple-Family Residential |
R-5-1 | Townhouse Residential |
R-5-2 | Townhouse Residential |
R-5-3 | Townhouse Residential with Setaside |
R-6 | Inclusionary Multifamily Residential |
R-7 | Age-Restricted Affordable Multifamily Residential Overlay District[1] |
B-1 | Restricted Business |
B-2 | General Business |
B-3 | Business |
B-4 | River Road Business |
B-5 | River Road Business |
OBS-1 | Office and Business Service |
I-1 | Restricted Industrial |
I-2 | Industrial |
I-2-ER | Industrial |
CA | Commercial Antenna Zone |
C-R | Combined Residential |
MU | Mixed-Use Planned Development |
POS | Public Open Space |
§ 125-10 Official Zoning Map.
[Amended 9-19-2000 by Ord. No. 1823-2000]
The districts established by this chapter are bounded and defined as shown on the Zoning Map of the Borough of Fair Lawn, dated 2000, which accompanies and is hereby made part of this chapter.[1]
[1]
Editor's Note: Said map is on file in the office of the Municipal Clerk.
§ 125-11 Interpretation of zoning district boundaries.
A.
The zone district boundary lines are intended generally to follow street center lines, existing lot lines, center lines of railroad rights-of-way and the like, as indicated on said zone map. Where a zone district boundary line does not coincide with any such line as set forth above, its location or relation to another boundary line is indicated on said zone map by means of figures expressing distance in feet from a street side line or other boundary line. In cases of uncertainty or disagreement as to the true location of any zone district boundary line, the determination thereof shall lie with the Zoning Board of Adjustment.
B.
Where such boundary lines are indicated as approximately following the property lines of parks or other publicly owned lands, such lines shall be construed to be such boundaries.
C.
In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line.
D.
In all other cases where dimensions are not shown on the map, the location of district boundary lines shown on the map shall be determined by the use of the scale appearing thereon.
E.
Vacation of streets or other public ways. Where a vacated right-of-way is bounded on either side by more than one district, the former center line of such right-of-way becomes the new district line.
§ 125-12 Schedule of Area, Yard and Building Requirements.
All uses must meet the requirements set forth in the Schedule of Area, Yard and Building Requirements located at the end of this chapter.
§ 125-13 Effect of establishment of zoning districts.
Following the effective date of this chapter:
A.
No building shall be erected, moved, altered, rebuilt or enlarged except as specified elsewhere in this chapter, nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with all regulations, requirements and/or restrictions specified in this chapter for the zone in which such building or land is located.
B.
No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.
C.
No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open space connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the zone in which said lot is located. No permit shall be issued for the construction of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.
D.
The omission of any use or type of use from said schedule shall be deemed to be an exclusion thereof from all zones.
§ 125-14 Description of zone regulations.
The following regulations shall apply to the development of all land in the Borough of Fair Lawn.
§ 125-15 Uses prohibited in all zones.
In addition to the prohibited uses specified for each zone, the following uses are prohibited in all zones in the Borough of Fair Lawn.
A.
Automobile body repair shops, such as shops being engaged in major repairs or spray painting, body, fender and frame repairs.
B.
Circuses, rodeos, carnivals and flea markets, except as conducted by a nonprofit organization on a limited basis.
C.
Crematories; correctional institutions.
D.
Drive-through commercial establishments in which any commodity or service to patrons is performed while the patrons remain in their automobiles, except gasoline service stations and bank and pharmacy drive-up windows.
E.
Drive-through restaurants except as a as set forth in § 125-45.6, B-1A Overlay Zone.
[Amended 11-22-2022 by Ord. No. 2640-2022]
F.
Farmers market.
G.
Fast-food restaurants.
H.
Hotels, motels, trailer camps, boardinghouses and rooming houses.
I.
Junkyards, truck terminals, display vehicles.
J.
Outdoor commercial recreational establishments, including but not limited to outdoor theaters, racetracks, swimming pools, skating rinks, trampoline centers, miniature golf course shooting galleries, amusement parks and bungee jumping centers.
K.
The use of living animals to test or otherwise be utilized in the production of pharmaceuticals or other chemical or manufacturing processes.
[Added 9-12-2006 by Ord. No. 2058-2006]
L.
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, but not the delivery of cannabis items and related supplies by a delivery service.
[Added 8-17-2021 by Ord. No. 2591-2021]
M.
Horticultural uses involving cannabis and storage of horticultural materials involving cannabis.
[Added 8-17-2021 by Ord. No. 2591-2021]
§ 125-15.1 Uses prohibited in all zones except Townhouse Residential Zones.
[Added 5-6-2003 by Ord. No. 1943-2003]
In addition to the prohibited uses specified for each zone, the following use is prohibited in all zones in the Borough of Fair Lawn except the R-5-1 and R-5-2 Townhouse Residential Zones; and the R-5-3 Inclusionary Townhouse Residential zone:
§ 125-16 Uses permitted in all zones.
The following uses are permitted in all zones in the Borough of Fair Lawn.
A.
Child-care centers. Child-care centers are permitted uses in all zones of the Borough, in accordance with the following requirements:
(1)
Such use shall meet the area and bulk requirements of the zone where located, with the additional requirements that:
(a)
The minimum lot area shall be 7,500 square feet with minimum frontage of 75 feet; provided, however, that if the bulk requirements for a single-family residential dwelling in the zone are greater than 7,500 feet and seventy-five-foot frontage, then the greater bulk requirement shall apply.
(b)
Side yard setbacks shall be no less than 12 feet.
(c)
Rear yard setbacks shall be no less than 25 feet.
(2)
The lot must have primary access to a public right-of-way 50 feet or greater.
(3)
All lots used as a child-care center shall be buffered in the rear yard by a dense five-foot-wide evergreen buffer strip in accordance with § 125-42E. Said buffer shall be located around all sides of the rear yard.
(4)
The play area shall be located in the rear yard.
(5)
In residential zones such facilities shall conform to the general character of the neighborhood. Conformity shall include physical appearance, height and building materials.
(6)
In residential zones, no child-care center can be within 750 feet of each other. In all other zones, said distance between child-care centers does not apply.
(7)
All child-care centers shall be certified by the appropriate licensing authorities of the State of New Jersey.
(8)
Operational regulations for child-care centers:
(a)
The hours of operation for a child-care center located in a residential zone shall be limited as per Borough Ordinance.
(b)
An adequate designed dropoff zone for the loading and unloading of children shall be provided on-site.
(c)
Outdoor playtime or recreation adjacent to a residential zone shall commence no earlier than as permitted by Borough ordinance.
(9)
No child-care center driveway shall be located within 75 feet of an intersection of two streets.
(10)
In residential zones, notwithstanding anything to the contrary set forth in the Land Development Ordinance, two driveways are permitted for child-care center.
(11)
In any zone, notwithstanding anything to the contrary set forth in the Land Development Ordinance, two principal uses shall be permitted on the same lot when one of the principal uses is a child-care center and the other is any other permitted use, as long as both such uses are located in the same structure.
B.
Houses of worship. Houses of worship are permitted uses in all zones of the Borough, in accordance with the following requirements:
(1)
Such use shall meet the area and bulk requirements of the zone where located, with the following additional requirements:
(a)
Minimum lot area: 10,000 square feet.
(b)
Minimum frontage: 100 feet.
(c)
Minimum side yard: 15 feet.
(d)
Minimum rear yard: 25 feet.
(e)
Maximum building coverage: 30%.
(f)
Maximum impervious coverage: 60%.
(g)
Total building height (excluding steeples, minarets and religious symbols) shall not exceed the maximum height requirement for that zone.
(h)
Maximum height of steeples, minarets and religious symbols: 30% of the building height.
(2)
The street on which a house of worship fronts must be a public right-of-way 50 feet or greater in width.
(3)
All lots used by houses of worship shall be buffered along the side and rear yards up to the front yard setback by a solid fence and/or a dense five-foot-wide evergreen buffer strip in accordance with § 125-42E.
(4)
The exterior design and physical appearance of any and all such structures shall be compatible with the general character of the neighborhood.
(5)
The applicant must provide a list of proposed facilities and activities, including hours of use.
C.
Municipally operated facilities.
(1)
Municipally operated facilities, such as, but not limited to, utilities, police stations, administration buildings and parks and recreation facilities are permitted uses in all zones.
(2)
On any land use development applications for land owned or facilities operated by the Borough of Fair Lawn, for which public notice is not otherwise required under N.J.S.A. 40:55-12a, the Borough shall be required to give public notice of such applications.
D.
Accessory uses. Accessory uses which are customarily incidental to and located on the same lot as the principal use.
§ 125-17 R-1-1, R-1-2 and R-1-3 One-Family Residential Zones.
A.
Permitted uses. In the R-1-1, R-1-2 and R-1-3 Zones, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
(1)
One-family dwelling, only one such dwelling per lot and provided that there is no other principal use on this lot.
(2)
Residence for clergy, such as parsonage, convent or rectory.
(3)
Public and nonprofit private day schools for elementary and secondary education.
(5)
Parking or storage of a boat, boat trailer, house trailer, tandem mounted trailer, snowmobile or camper, as regulated in § 125-40A.
(6)
Uses and structures that are customarily accessory to permitted uses.
B.
Prohibited uses. In the R-1-1, R-1-2 and R-1-3 Zones, the following uses are specifically prohibited:
(2)
Schools operated for profit, except such schools for preschool age children.
(3)
Parking of commercial vehicles in excess of three-quarter-ton truck, manufacturer's designated capacity.
(4)
Storage or parking of construction equipment or storage of construction materials except during periods of construction.
C.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
D.
Conditional uses in the R-1-3 Zone applicable only to residentially zoned properties that about the B-2 Zone on the north side of Broadway:
[Added 3-19-2019 by Ord. No. 2492-2019]
(1)
Parking subject to site plan review that shall consider, among other things, sufficient landscape buffering and screening; lighting controls to limit the impact on adjacent residential uses, and stormwater runoff measures.
§ 125-18 R-2 Two-Family Residential Zone.
B.
Prohibited uses. All uses prohibited in the R-1, R-1-2 & R-1-3 residential Zones.
C.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
§ 125-19 R-3-1 and R-3-2 Multiple-Family Residential Zones.
B.
Conditional uses.
(1)
Hospitals, subject to the following requirements:
(a)
Possession of a current Certificate of Need.
(b)
Minimum lot area: four acres.
(c)
Minimum front yard: 100 feet.
(d)
Minimum rear yard: 100 feet.
(e)
Minimum side yard: 50 feet.
(f)
Maximum building height: two stories.
(g)
Accessory buildings may be placed in the rear of the lot and shall have a minimum rear yard setback of 50 feet and a minimum side yard setback of 50 feet.
(h)
Parking shall be provided for at least three cars per hospital bed and no parking shall be permitted within 10 feet of a property line.
(i)
No parking shall be permitted in the front of the building.
(j)
The front yard of the building shall be landscaped except for necessary driveways.
C.
Prohibited uses. All uses prohibited in the R-2 Zone.
D.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
§ 125-20 (Reserved) [1]
[1]
Editor’s Note: Former § 125-20, R-4 Special Multiple-Family Residential Zone, was repealed 1-26-2016 by Ord. No. 2371-2016.
§ 125-21 R-5-1 and R-5-2 Townhouse Residential Zones.
A.
Permitted uses. In the R-5-1 and R-5-2 Zones, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
(1)
All uses permitted in the R-1-1, R-1-2 and R-1-3 Zones.
(3)
Age-restricted townhouses for persons aged 55 and older. Ownership of each dwelling unit in the community shall be restricted to at least one person of the age of 55 years or older by deed, covenants, restrictions of records and bylaws and rules and regulations.
[Added 5-17-2016 by Ord. No. 2383-2016]
B.
Accessory uses. Accessory uses which are customarily incidental to and located on the same lot as the principal use. These may include but shall not be limited to: swimming pools, tennis courts and clubhouses for the exclusive use of residents and their guests.
C.
Bulk and area regulations. Townhouses and age-restricted townhouses shall meet the area and bulk requirements of the zone where located and the following additional requirements, with the following exceptions: 1) The bulk and related requirements shall not be applicable to structures listed on the New Jersey or National Register of Historic Places preserved in whole or part as a part of any application. For purposes of building design, a structure listed on the New Jersey or National Register of Historic Places shall be counted as a "unit" when combined with a new structure otherwise required to consist of not less than three units; 2) The requirements set forth for age-restricted townhouses at § 125-21A(3)(a) through (c) shall supersede other requirements within the Borough Code with regard to the development of age-restricted townhouses:
[Amended 5-17-2016 by Ord. No. 2383-2016]
(1)
Front plane: No townhouse structure shall have more than two continuous attached townhouse units with front facades in the same plane; variations shall be at least two feet.
(2)
Minimum distance between buildings: There shall be at least 20 feet between the end of one building and any facade of another building. If the two buildings are parallel (i.e., front or back of one building facing front or back of another), then there must be at least 40 feet between buildings.
(3)
Maximum number of units per building: six.
(4)
Buffer requirements:
(a)
There shall be a buffer of evergreens not less than four feet or more than six feet in height between any common parking area and a dwelling unit, as close as practicable to the parking area.
(b)
Where there is a parking area within 50 feet of a property line, there shall be a buffer of evergreens at least five feet in height. This buffer shall be as close as practicable to the parking area.
(c)
There shall be a distance of at least 35 feet between the townhouse buildings and adjoining vacant land zoned R-1-1, R-1-2 or R-1-3 one-family residential or adjoining land on which a single-family dwelling exists.
§ 125-22 R-5-3 Inclusionary Townhouse Residential.
A.
Permitted uses. In the R-5-3 Zones, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
B.
Accessory uses. Same as R-5-1 and R-5-2 Zones.
C.
Bulk and area requirements. Such use shall meet the area and bulk requirements in accordance with § 125-12, Schedule of Area, Yard and Building Requirements,[1] with the following exceptions:
(1)
Minimum rear yard: 10 feet.
(2)
Maximum density and mandatory setaside:
(a)
The development, marketing, rental and sale of the dwelling units designated as low- and moderate-income housing shall be required in compliance with subparagraph a, 3 through 8 below. The density otherwise permitted in the R-5-3 Zone (by reason of the application of the R-5-1 criteria) shall be increased by an amount equal to 22% of the dwelling units otherwise permitted in the R-5-3 Zone. For example, if said criteria would permit 18 dwelling units in an R-5-3 Zone, then four additional dwelling units (18 x 22% = 3.96 rounded to 4) shall be permitted, for a total of 22, 18 of which shall be market units, two of which shall be low-income units and two of which shall be moderate-income units.
(b)
Low income and moderate income shall be as defined in the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) and in the regulations of the New Jersey Council on Affordable Housing (COAH, N.J.A.C. 5:91-1 et seq. and N.J.A.C. 5:92-1 et seq.).
(c)
All new development of multifamily housing consisting of 10 or more units in the R-5-3 Zone shall be required to increase its density as set forth herein to provide for the construction of low- and moderate-income housing in accordance with the provisions of this section.
(d)
Whenever the percentage translates into a fractional number of units, such fraction shall be rounded to the next higher number.
(e)
The developer shall provide that 1/2 of the low and moderate income units constructed be affordable by low-income households and the remaining 1/2 be affordable by moderate-income households. As set forth above, these units may be segregated in one area of the development in flats.
(f)
Subdivision or site plan approval shall be denied by the planning Board or the Zoning Board of Adjustment, as the case may be, unless the developer complies with requirements to provide low- and moderate-income housing pursuant to the provisions of this section. The Planning Board or Zoning Board of Adjustment, as the case may be, may impose any reasonable conditions to ensure such compliance.
(g)
The rules and regulations of COAH are incorporated herein by reference as they relate to affordability controls, resale provisions, rent control provisions, duration of regulations and the phasing of low and moderate income construction.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
§ 125-23 R-6 Inclusionary Multifamily Residential.
[Added 2-23-2010 by Ord. No. 2179-2010]
See § 49-14, R-6 Inclusionary Multifamily Residential District.
§ 125-24 B-1 Restricted Business, B-2 General Business and B-3 Business Zones.
A.
Permitted uses. In the B-1, B-2 and B-3 Zones, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
[Amended 11-27-2001 by Ord. No. 1876-2001]
(1)
All uses permitted in any residential zone, except one-family, two-family and multiple-family dwellings. A dwelling unit above a permitted nonresidential use is permitted in the B-1, B-2 and B-3 Zones, except that any dwelling unit above a permitted nonresidential use in the B-2 Zone shall be above the first floor and not at sidewalk grade.
[Amended 10-24-2006 by Ord. No. 2065-2006; 3-19-2019 by Ord. No. 2492-2019]
(2)
Advertising signs and structures relating only to the use or uses conducted on the lot on which the sign is located.
(3)
Animal hospital for the treatment only of domesticated animals customarily kept as household pets.
(4)
Bakery or confectionery and similar establishments, provided that all of the products manufactured on the premises prepared therein are sold on the premises at retail.
(7)
Financial institutions.
(8)
Funeral homes or mortuaries, but not crematories.
(9)
Offices.
(11)
Personal and household service shops such as barber, shoe repair, beauty parlor, dry cleaner.
(12)
Private schools conducted for gain.
(14)
Studios of photographers or artists.
(15)
Theaters, bowling alleys, indoor tennis and similar recreational uses, including tennis, except those as prohibited in § 125-24D.
(16)
Printing establishments.
B.
Conditional uses.
(1)
Automobile parking lots, repair garages, gasoline service stations and car washing establishments shall be permitted, subject to the following requirements:
(a)
No part of any entrance or exit shall be located within 50 feet of a residential zone.
(b)
No such use shall be located within a distance of 1,000 feet of a public school, hospital, church, theater, public library, public park or playground, fire station or within 1,500 feet of another such repair garage, gasoline service station or car wash. Such distance shall be measured along the curbline of the street from the points opposite the nearest side boundary lot lines.
(c)
No such use shall be permitted in the business zone abutting the following streets: Broadway from the Erie Railroad to the easterly Borough line; Morlot Avenue from Saddle River Road to the Erie Railroad; Fair Lawn Avenue from Abbot Road westerly to the Passaic River; River Road from a point 200 feet south of Berdan Avenue northerly to Campbell Road; and Saddle River Road from Route 4 northerly to Prospect Street; except that car washing establishments shall be permitted only in the B-2 Zone from 31st Street easterly to the Borough line.
(2)
Motor vehicle sales. These uses shall meet the following requirements:
(a)
Motor vehicle carriers shall be loaded and unloaded only on the premises of a new car dealer and only between the hours established by Borough ordinance.
(b)
Sufficient space shall be set aside for this activity so as not to encroach on any required off-street parking.
(c)
No public street shall be used to load or unload vehicles.
(3)
Hospitals in the B-1, B-2 and B-3 Zones shall be subject to the requirements of § 125-19B(1).
(4)
Self-storage warehousing shall be permitted in the B-2 District as a conditional use subject to the following conditions:
[Added 3-27-2001 by Ord. No. 1849-2001]
(a)
The use may be established on a plot of two acres or more.
(b)
More than a single structure may be built and devoted to warehouse and storage use, so long as all buildings on the site are in single ownership and devoted to the same use.
(c)
No building may exceed 35 feet in height.
(d)
The front setback line shall be no less than 20 feet from the front property line or the average setback along the street, whichever is greater.
(e)
The rear setback shall be no less than 35 feet.
(f)
The side setbacks, interior, shall be in the aggregate no less than 50 feet, and no side yard shall be less than 20 feet. A street side yard shall be no less than 35 feet.
(g)
The site shall be fenced and screened with evergreen plantings sufficient in height and depth to adequately screen the site from neighboring uses and to prevent light spillage. A landscape plan shall be prepared by a New Jersey certified landscape architect showing evergreen deciduous plant materials that will include trees, shrubs and ground cover where appropriate.
(h)
There shall be on-site supervision and maintenance no less than 15 hours per day, and the operator may provide for an on-site caretaker or caretaker couple, provided that an apartment of sufficient size is created within the complex.
(i)
On-site parking shall be provided on the basis of five permanent parking units for every 100,000 square feet of rentable space of self-store warehouse units and such other permanent parking as the Planning Board may determine to be necessary to service the site. Temporary parking may be provided in service aisles at or in front of storage bays or access to storage areas.
(j)
No permit for warehouse and storage use will be permitted without approval of a site plan, upon public notice, submitted to the Fair Lawn Planning Board, who in their review and in the exercise of their 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:
[1]
Elevations of proposed buildings;
[2]
Topography;
[3]
Underground improvements;
[4]
A parking and traffic plan;
[5]
A surface water study and drainage plan;
[6]
A planting and fencing plan;
[7]
A lighting plan;
[8]
A building floor plan inclusive of any office area or residential area proposed;
[9]
Signage;
[10]
Curb detail and all entryway or access to the site from the public right-of-way;
[11]
All fire protection detail incidental to fire prevention and fire protection; and
[12]
Any other detail that the Planning Board requires to determine site plan approval.
(5)
Self-storage warehousing shall be permitted in the B-3 District as a conditional use subject to the following conditions:
[Added 12-17-2019 by Ord. No. 2517-2019]
(a)
Minimum lot area: one acre.
(b)
Maximum building height: three stories and 40 feet.
(c)
Minimum front yard building setback: 20 feet.
(d)
Minimum side yard building setback: 10 feet, except any side yard that abuts a residential zone property shall provide a setback of 15 feet.
(e)
Minimum rear yard building setback: 15 feet.
(f)
Buffer. Along all property lines that abut a residential zone, the site shall be fenced with non-chain-link decorative screen fencing and screened with evergreen plantings sufficient in height and depth to adequately screen the site from neighboring uses and to prevent light spillage. A landscape plan shall be prepared by a New Jersey certified landscape architect showing evergreen deciduous plant materials that will include trees, shrubs and ground cover where appropriate.
(g)
Parking. On-site parking shall be provided at a rate of three parking spaces for the first 60,000 square feet or less of building area, and one parking space per 20,000 square feet of building area or fraction thereof thereafter.
(h)
Loading. Loading area shall not be located within the front yard and instead shall be located totally within the building or along the side of the building and be fully screened from neighboring properties.
(i)
No permit for a self-storage use will be permitted 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:
[1]
Elevation of proposed buildings;
[2]
Topography;
[3]
Underground improvements;
[4]
Parking and traffic plan;
[5]
Surface water study and drainage plan;
[6]
Planting and fencing plan;
[7]
Lighting plan;
[8]
A building floor plan inclusive of any office area;
[9]
Signage;
[10]
Curb detail and all entry or access to the site from the public right-of-way;
[11]
All fire protection detail incidental to fire prevention and fire protection; and
[12]
Any other detail the Planning Board requires to evaluate the site plan application.
C.
Accessory uses.
[Amended 2-21-2017 by Ord. No. 2419-2017]
(1)
Uses customary and incidental to principal permitted or conditional uses, provided the accessory use is limited to 25% of the overall property square footage and to 25% of the principal building's area.
(2)
Used car sales as accessory to a new car dealership, provided the accessory use is limited to 25% of the overall property square footage and to 25% of the principal building's area.
D.
Prohibited uses.
(1)
Drive-through restaurants, except that the operation of refreshment stands at parks, athletic fields or similar recreation areas or the temporary operation of refreshment stands at properly licensed bazaars and other social functions shall be permitted.
(2)
No residence shall be permitted in the same building as a business, except as permitted under home occupations.
(3)
Residential uses.
(4)
Outdoor storage, except for vehicles in conjunction with new and used car sales and gasoline service stations; and plant materials in conjunction with nurseries.
§ 125-25 B-4 - River Road Business Zone.
A.
Permitted uses.
(1)
All uses permitted in the B-1, B-2 and B-3 Business Zones, except animal hospitals and funeral parlors.
(2)
Mixed use buildings containing permitted uses and residences above the first floor. Residences shall be permitted on the second and third floor of any two-, two-and-one-half-, or three-story building at the request and option of the applicant. No residences shall be permitted on the first floor. Retail establishments located in a mixed-use building containing residences above the ground level or first floor shall be prohibited from engaging in the sale of merchandise to the general public between the hours of 12:00 midnight and 5:00 a.m.
[Amended 3-11-2003 by Ord. No. 1939-2003; 6-26-2007 by Ord. No. 2081-2007]
B.
Prohibited uses.
(1)
Single or multifamily dwellings in separate detached structures.
(2)
Any use not specifically permitted.
(3)
Outdoor storage, except for approved trash receptacles and dumpsters.
(4)
Outdoor sales shall be prohibited except as permitted by the Special Improvement District ("SID"). Outdoor cafes, as defined in the Borough Code, shall be excluded from this prohibition.
C.
Bulk, area, yard and parking regulations.
[Amended 12-12-2000 by Ord. No. 1830-2000; 12-18-2001 by Ord. No. 1882-2001]
(1)
A buffer of no less than five feet at rear of lot shall be provided. A fence shall be provided at the rear lot line, in accordance with the Design Manual and criteria of the River Road Improvement Corporation, as part of the buffer.
(2)
Streetscape of third story: The front yard setback of the third story of any structure shall exceed the setback of the second story of the structure by no less than five feet.
(3)
Corner streetscape: Any structure situated on the corner of any block, at the intersection of two streets, shall feature a sawtooth or concave design at the corner of such structure facing the two intersecting street, to ensure appropriate aesthetic considerations, air, light and concentration and massing buildings and structures in the zone.
(4)
The ground level footprint of any building may not be exceeded in its rear by more than two feet by any higher story of the building.
(5)
Cooperative parking plan.
(a)
No new construction or expansion may take place within any block within the B-4 Zone unless there exists a cooperative parking plan for that block that has been approved by the Council.
(c)
Twenty-five-percent reduction in parking requirement.
[1]
Any application for development may seek from the Planning Board a twenty-five-percent reduction in the number of off-street parking spaces required to be provided on the lot that is the subject of the development application, upon the presentation to the Board of an executed cooperative parking agreement between the applicant for development and the Borough. Notwithstanding the availability of a twenty-five-percent reduction in on site off-street parking, the applicant shall provide on the subject lot the required off-street parking for residential uses in connection with the development application.
[2]
The Board may grant a twenty-five-percent reduction in the number of off-street parking spaces required to be provided on the lot that is the subject of the development application, provided the applicant first demonstrates that the executed cooperative parking agreement provides off-street parking spaces for the subject development application within the B-4 River Road Business Zone, which is part of the River Road Special Improvement District, provided such off-street spaces have not been allocated, committed, dedicated or reserved for other off-street parking requirements in connection with approvals of other development applications or through other executed cooperative parking agreements.
[Amended 10-26-2004 by Ord. No. 1995-2004]
[3]
In lieu of off-street spaces within the B-4 River Road Business Zone, the applicant may provide an "in lieu" payment to the Borough to fund the reservation or leasing of Borough-owned or -controlled off-street parking spaces that are located within the B-4 River Road Business Zone, which is within the River Road Special Improvement District, are available for development applications; and have not been allocated, committed, dedicated or reserved for other off-street parking requirements in connection with approvals of other development applications or through other executed cooperative parking agreements. The "in lieu" payment for each such off-street space shall be determined at the time of the application and shall represent the cost of available public off-street parking spaces. The reservation or leasing shall be for a term of not less than seven years.
[Amended 10-26-2004 by Ord. No. 1995-2004]
[4]
The Board's decision to grant a twenty-five-percent reduction of on site off-street parking spaces shall be based on whether the planning, zoning and land use benefits of granting such a reduction substantially outweigh the detriments from insufficient off-street parking otherwise required on the lot that the subject of the development application.
(d)
In the event a required rear yard setback impedes the implementation of a cooperative parking agreement, the Planning Board may grant such relief from the setback requirement as is necessary to implement a cooperative parking agreement where the benefits from granting the deviation substantially outweigh any detriments.[2]
(5.1) | Upon execution by the applicant of the covenant of compliance, a copy of which is attached hereto and made a part hereof as Schedule A,[3] the appropriate Borough officials shall also execute said agreement which shall be recorded in the Bergen County Clerk's office, Registry Division. | ||
(6)
Minimum off-street parking.
(a)
Based on the total net floor area of the building and use:
[1]
Any business, retail, service or office use: one space per 200 square feet of net floor area.
[2]
Any medical office use: one space per 100 square feet of net floor area.
[3]
Any residential use: two spaces per living or dwelling unit, each of which shall be specifically designated on the Subject Lot.
(b)
No parking shall be permitted within the front yard or the side yard.
(c)
No underground parking garages shall be permitted in this Zone.
(d)
No off-street parking spaces shall be situated beneath or within the footprint of a building, unless such building is used exclusively as an aboveground parking garage, except that parking beneath a building is permitted where parking is limited to a depth of one row of parking and provided that such parking is shielded by commercial space at the front facade having a minimum depth of at least 30 feet from the facade.
[Amended 3-19-2019 by Ord. No. 2492-2019]
§ 125-26 B-5 River Road Business Zone.
§ 125-27 OBS-1 Office and Business Service Zone.
[Amended 1-26-2016 by Ord. No. 2371-2016]
A.
Permitted uses. In the OBS-1 Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
(1)
All uses permitted in the R-1-1 Residential Zone, except residences.
(2)
Clubs, lodges and fraternal organizations.
(3)
Professional, business or commercial offices; the sale of merchandise to the general public for personal or household use, provided that said merchandise is utilized by and in the professional business or commercial office.
[Amended 2-11-2002 by Ord. No. 1890-2002]
(4)
Banks and financial institutions.
(5)
Undertakers and funeral homes.
(6)
Business services such as printing, copying and business machine repairs.
B.
Conditional uses. Hospitals and nursing homes, subject to the requirements of § 125-19B(1).
§ 125-28 I-1 Restricted Industrial Zone, I-2, and I-2-ER General Industrial Zone.
[Amended 9-19-2000 by Ord. No. 1821-2000; 4-23-2019 by Ord. No. 2499-2019; 6-28-2022 by Ord. No. 2625-2022]
A.
Permitted uses. In the I-1, I-2 and I-2-ER Zones, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
(1)
Manufacturing establishments.
(2)
Offices.
(3)
Public utility facilities, except antenna towers.
(4)
Warehouses.
(5)
Gymnasiums and other health and fitness facilities (recreation facility, commercial).
(6)
Commercial school of dance.
(7)
Athletic training facilities.
(8)
Physical therapy rehabilitation studios.
(9)
Carpet and furniture sales and showrooms.
(10)
Artist and/or photography studios.
(11)
Pet daycare and pet hotel.
(12)
Schools, commercial.
(13)
Microbreweries provided they are not within 200 feet of a residential zone.
(14)
Environmental remediation.
B.
Conditional uses. The following conditional uses shall be permitted in the I-1 and I-2 Zones.
(1)
Hospitals and nursing homes, subject to the requirements of § 125-19B(1).
C.
Prohibited uses.
(1)
Residences.
(2)
Billboards and advertising signs not relating to the business conducted on the premises.
(3)
The slaughtering of animals; the manufacture, processing or conversion of any commodity of which the principal ingredient is refuse animal matter; the incineration of animals.
(4)
Retail sales except for products manufactured on the premises. Such sales of products manufactured on the premises shall be limited to not more than a total of four weeks per year.
(5)
Outdoor storage of goods or materials, except for horticultural materials.
(6)
Storage of trucks, buses, vans and any other vehicles used to transport school children, subject to law.
(7)
Operation of a commercial or not-for-profit enterprise whose function is to transport children, including a bus company.
(8)
Truck, bus, van or a vehicle depot or terminal.
D.
Standards and provisions specific to the I-2-ER Zone.
(1)
All uses permitted in the I-1 and I-2 Zones per § 125-28A shall be permitted in the I-2-ER Zone with the following additional provisions:
(a)
Warehouses shall be understood to include reception and distribution of goods, wares, materials, and merchandise.
[1]
Accessory parking of trucks or trailers on-site shall be permitted to the extent necessary to promote efficient circulation on-site.
(b)
There shall be specifically permitted the placement of more than one principal use or principal building on a lot, provided that all applicable bulk, building, and yard standards are met.
(2)
Lots in the I-2-ER District may be subdivided for the purposes of separating environmentally contaminated lands requiring environmental remediation from lands intended to be developed with any other permitted use.
(a)
A lot created by subdivision for environmental remediation shall not be required to have frontage on a public street right-of-way, provided:
(b)
Any street frontage requirement in the Code of the Borough of Fair Lawn shall not be interpreted to apply to lots in the I-2-ER Zone where the sole use or activity thereon is remediation of contamination on that lot or lots, provided that access is provided as per Subsection D(2)(a), above.
(c)
Buildings, structures and uses dedicated to environmental remediation in the I-2-ER Zone may be considered principal or accessory uses and structures, but shall not be considered accessory to a different permitted principal use located on a separate lot unless said structures constitute groundwater monitoring wells or extraction wells.
(d)
Notwithstanding anything contained to the contrary in Chapter 125, Land Development, there shall be no parking, loading, stormwater management, buffering, landscaping, or lighting, or other site plan requirements for any lot where the principal use is environmental remediation of contaminated lots.
(e)
There shall be no coverage or setback requirements for any lot where the principal use is environmental remediation. Height restrictions shall match those of an industrial use.
(f)
No environmental impact statement shall be required for an environmental remediation of contaminated lots use, provided said contamination is being remediated with the oversight and approval of the New Jersey Department of Environmental Protection (NJDEP) or a licensed site remediation professional.
§ 125-29 CA Commercial Antenna Zone.
A.
Permitted uses.
(1)
Commercial antenna.
(2)
Additional permitted uses.
(a)
Ambulance Corps property (Lot 1, Block 3516): all permitted uses as established in the R-1-1 Zone.
(b)
Fire Company No. 2 fire house on Route 208, (Lot 11, Block 5902): all permitted uses as established in the B-1 Zone.
(c)
DPW complex, (Lot 1, Block 1803): all permitted uses as established in the R-1-1 Zone.
(3)
Except as permitted in the aforesaid blocks and lots, no commercial antenna as defined herein shall be permitted in any other zone in the Borough of Fair Lawn. Expressly omitted from this subsection are those antennas intended for personal private use.
(4)
A commercial antenna is any form of apparatus which is designed for the purpose of sending or receiving television, radio, microwave, satellite, cellular telephone or similar signals and is intended to be used in connection with the production of income or which is designed to be used by third parties other than those residing on the property on which the antenna is located.
(5)
The objective of this subsection is to regulate commercial antennas for land use and aesthetic reasons.
(a)
Commercial antennas may cause a safety hazard if not positioned and secured properly.
(b)
Commercial antennas may be aesthetically undesirable because they tend to be large in size and/or more numerous. This concern is addressed by regulating the number, location and placement of commercial antennas so as to minimize the visual disturbance associated with their use.
(c)
The conditions set forth in this subsection are intended to address these land use, structural safety and aesthetic concerns.
B.
Requirements.
(1)
Any individual, partnership, corporation or other entity desiring to construct, erect or install a commercial antenna is hereby required to obtain site plan approval by the appropriate Fair Lawn agency pursuant to and in accordance with the Municipal Land Use Law and the applicable Fair Lawn ordinances enacted thereunder.
(2)
Any antenna erected or altered pursuant to this chapter may be adequately screened so as to prevent same from interfering with the general character of the surrounding lands. The screening may be required so long as it does not interfere with the operation of the antenna. The tower and the antennae may be properly screened to blend into the surrounding area and skyline. Screening methods shall include but not be limited to painting, landscaping, selection of antenna materials and design. Security fencing may be required to be placed around the base of the antenna and its mounting device.
C.
Restrictions.
(1)
The height of the antenna from ground level inclusive of its mounting device commonly known as a "tower" shall be no greater than 200 feet.
(2)
Not more than one permanent tower shall be located on each site. A single permanent tower shall be constructed pursuant to and in accordance with the New Jersey State Uniform Construction Code Act codified as N.J.S.A. 52:27D-119 et seq., and with all rules, regulations and decisions promulgated or issued with respect thereto. The number of antennas that may be placed, constructed or modified on a single permanent tower shall be consistent with the purpose of the Federal Telecommunications Act of 1996 and the health, safety and welfare of the Borough of Fair Lawn and its residents.
[Amended 5-22-2001 by Ord. No. 1855-2001; 3-13-2007 by Ord. No. 2073-2007]
§ 125-30 CR Combined Residential.
A.
Permitted uses.
(1)
Multiple-family dwellings.
(2)
Uses and structures customarily incidental to multiple-family dwellings shall be permitted for this site, such uses shall also include a swimming pool, recreation facilities and structures and a structure not to exceed 3,000 square feet for recreation, meeting or other similar purposes and for storage purposes.
C.
Conditional uses.
(1)
Density. The maximum density of the site shall be 17.65 dwelling units per acre. While the site is approximately 20 acres in size, the maximum number of dwelling units that may be constructed on the site shall not exceed 352 units.
(2)
Inclusionary component.
(a)
The development shall include 52 units of housing affordable to low- and moderate-income households. These units shall be equally divided between low- and moderate-income units.
(b)
Approximately 25% of the affordable units or 14 units, shall be age restricted in accordance with COAH's regulations defining "age restricted," as they may be amended from time to time. These units shall be one bedroom in size.
(c)
While it is contemplated that all units in the development shall be rental units, all affordable housing units shall be and remain rental units, under applicable COAH regulations as they may be amended from time to time.
(d)
The 52 affordable housing units shall be integrated with the market rate units throughout the development and within the several buildings in which they shall be located.
(3)
Affordable housing unit types.
(a)
Eight units shall be three bedrooms in size. Eighteen units shall be two bedrooms in size. The remaining 26 affordable housing units, including the 14 units restricted to senior citizens, shall be one bedroom in size.
(b)
There shall be no bedroom distribution restrictions imposed on the market rate units.
(4)
Bulk requirements. The site and the development thereon shall be subject to the bulk requirements of the existing R-3 Zone, except as modified below.
(a)
Height.
[1]
Up to 156 units or approximately 45% of the maximum number of units that may be constructed on the site, may be located in three story buildings. No more than 13 three story buildings shall be constructed on the site as part of the development. The maximum height of the three story buildings shall be 40 feet. The height shall be measured from the center line of the internal roadway opposite and in front of each of the centers of the building walls facing the internal roadways to the highest point of the roof surface, regardless of design, shape or pitch of the roof.
[2]
The remaining units shall be located in two story buildings. The maximum height of the two story buildings in the development shall be 35 feet. The height shall be measured from the center line of the internal roadways in front of each of the buildings.
(5)
All buildings in the development shall be oriented in a manner and subject to the review of the Planning Board to ensure the promotion of desirable aesthetic conditions and a desirable visual environment both from outside and from within the development.
(6)
Impervious coverage. The impervious coverage of the site shall not exceed 70%. For this development, "impervious coverage" shall mean those items as defined in the Fair Lawn Zoning Ordinance and shall also include outdoor storage areas, decks, patios and sidewalks.
(7)
Parking and loading areas.
(a)
Off-street loading. The requirements of § 125-48B regarding off-street loading shall not be applicable to the development.
(b)
Parking stalls be not less than nine feet by 18 feet in size. The development shall also provide a sufficient number of handicapped parking spaces as required by applicable law.
(c)
Off-street parking.
[1]
There shall be 2.2 off-street parking spaces provided for each nonage restricted unit in the development. However, only one off-street parking space need be provided for each l bedroom age restricted unit.
[2]
No more than 70 off-street parking spaces may be located within the perimeter setback areas of the site. The parking layout shall be subject to the review and approval of the Planning Board.
(8)
Landscaping designed for screening or buffers may exceed six feet in height, as requested by the developer and determined by the Planning Board in connection with its site plan review of any development application for the site.