Fairview City Zoning Code
ARTICLE XII
Zoning Provisions
§ 25-1201 ZONING DISTRICTS.
[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 |
§ 25-1202 ZONING MAP.
[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.
§ 25-1202.1 Zoning Map Amendments.
[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.
§ 25-1203 INTERPRETATION OF DISTRICT BOUNDARIES.
[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.
§ 25-1204 SCHEDULE OF REGULATIONS - DISTRICT USE REGULATIONS AND AREA AND BULK REGULATIONS.
[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.
§ 25-1205 ZONING PERMITS AND CERTIFICATES OF OCCUPANCY.
[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.
§ 25-1206 APPLICATION OF REGULATIONS.
[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.
§ 25-1207.1 Prohibited Uses.
§ 25-1207.2 Existing Uses.
[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.
§ 25-1207.3 Height Exceptions.
[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.
§ 25-1207.4 Required Area.
[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.
§ 25-1207.5 Off-Street Parking.
[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.
§ 25-1207.6 Merger.
[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.
§ 25-1207.7 Number of Buildings Restricted.
[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.
§ 25-1207.8 Limitation on Number of Uses on Each Lot.
[Ord. No. 98-6 § 2, Art. XI § 15-102H; Ord. No. 2014-14 § 8]
There shall be no more than one principal use on each lot. Multiple uses shall be permitted in the B, B-1, B-2 and I Zones.
§ 25-1207.9 Driveways in the R-A and R-B Zones.
[Ord. No. 05-10 § 4; Ord. No. 2014-14 § 8]
Driveways that do not lead to a garage or carport on residential lots in the R-A and R-B zones are prohibited.
§ 25-1207.10 Bathrooms.
[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.
§ 25-1207.11 Doors.
[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.