Fairview City Zoning Code
ARTICLE I
General
§ 25-101 TITLE.
[Ord. No. 98-6 § 2, Art. I § 15-1]
This chapter shall be known as the "Land Use Ordinance of the Borough of Fairview."
§ 25-102 PURPOSE.
[Ord. No. 98-6 § 2, Art. I § 15-2; Ord. No. 05-10 § 1]
It is the purpose of the Borough in adopting this chapter to exercise to the fullest the powers granted to the Borough by the State of New Jersey to manage land use through zoning, subdivision and site plan control, and through the police power generally. It is the further purpose of the Borough in adopting this chapter to organize and codify all such powers of land use management into one comprehensive cohesive system in order to facilitate the administration of land use procedures, while providing maximum protection of the public health, safety and general welfare in accordance with the provisions of N.J.S.A. 40:55D-2 et seq.
It is the intent and purpose of this chapter to:
a.
Encourage action to guide the appropriate use or development of all lands in the Borough of Fairview in a manner which will promote the public health, safety, morals and general welfare.
b.
Secure safety from fire, flood, panic and other natural and man-made disasters.
c.
Provide adequate light, air and open space.
d.
Ensure that the development of the Borough of Fairview does not conflict with the development and general welfare of neighboring municipalities.
e.
Promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods and the entire municipality as well as the preservation of the environment.
f.
Encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
g.
Provide sufficient space in appropriate locations for a variety of residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements.
h.
Encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which will result in congestion or blight.
i.
Promote a desirable visual environment through creative development techniques and good civic design and arrangements.
j.
Promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.
k.
Establish orderly and uniform procedures relating to land use and development regulation.
l.
Generally achieve and advance the various purposes of the Municipal Land Use Law (c. 291, P.L. 1975) as set forth in the statement of purposes of the law in N.J.S.A. 40:55D-2.
m.
To preserve and protect the residential character of the community by restricting incompatible land uses from established residential areas, and limited intensities of use in accordance with the level of development prescribed in the Borough Master Plan.
n.
To discourage the proliferation of three-family dwellings.
o.
To encourage a variety of housing types and densities for households of all ages and socioeconomic classes, particularly the provision of senior housing.
p.
To promote the continued maintenance and rehabilitation of the Borough's housing stock.
q.
To preserve and enhance the Borough's commercial area located along Anderson Avenue and Bergen Boulevard.
r.
To promote the redevelopment and adaptive re-use of former industrial buildings and sites, and to promote the development of a mass transit hub in the industrial area west of Broad Avenue.
s.
To encourage the provision of steep slope regulations along Fairview Avenue area to ensure that future development is sensitive to existing environmental features.
t.
To support the overall philosophy of the State Development and Redevelopment Plan (SDRP) as a means of providing growth management on a statewide basis while retaining the principles of home-rule.
§ 25-103 SCOPE.
[Ord. No. 98-6 § 2, Art. I § 15-3]
It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically or impliedly repealed by this chapter, or any private restrictions placed upon property by covenant, deed or other private agreement unless repugnant hereto. Whenever this chapter imposes a greater restriction upon, including but not limited to, the use of buildings or premises or upon the height of buildings or lot coverage or requires greater lot area or longer yards or other open spaces than are imposed or required by such rules, regulations or permits or by such private restrictions, the provisions of this chapter shall control.