Fairview City Zoning Code
ARTICLE XIV
Supplementary Regulations Governing Certain Uses
§ 25-1401.1 Community Residences.
[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:
§ 25-1401.2 Child-Care Facilities.
[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.
§ 25-1402.1 Accessory Structures and Uses in Residential Districts.
[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.
§ 25-1402.2 Accessory Structures and Uses in Nonresidential Districts.
[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.
§ 25-1402.3 Private Garages in Residential Zones.
[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.
§ 25-1402.4 Swimming Pools.
[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.
§ 25-1402.5 Fences and Walls.
[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]
§ 25-1402.6 Signs.
[Ord. No. 98-6 § 2, Art. XIII § 15-106F; Ord. No. 2014-14 § 8]
Signs shall be regulated in accordance with § 25-1601, Signs.
§ 25-1402.7 Office of Resident Professional.
[Ord. No. 98-6 § 2, Art. XIII § 15-106G; Ord. No. 2014-14 § 8]
§ 25-1402.8 Child-Care Center Facilities.
[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.
§ 25-1403.1 Places of Worship.
[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.
§ 25-1403.2 Essential Services.
[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.
§ 25-1403.3 Public, Private or Parochial School.
[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.
§ 25-1403.4 Automobile Service Stations.
[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.
§ 25-1403.5 Veterans, Civic and Community Clubs.
[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.
§ 25-1403.6 Satellite Dish Antenna.
[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.
§ 25-1403.7 Home Occupation.
[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]
§ 25-1403.8 Car Wash.
[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.
§ 25-1403.9 Drive-Thru Banking Facilities.
[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.
§ 25-1403.10 (Reserved) [1]
[1]
Editor's Note: Former Subsection 25-1403.10, Gun Shops, previously codified herein and containing portions of Ordinance Nos. 02-11 and 02-26 was repealed in its entirety by Ordinance No. 03-27.
§ 25-1403.11 Establishments for Playing of Pool, Video or Arcade Games, Bowling or Movie Theaters.
[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.
§ 25-1404 NONCONFORMING USES, STRUCTURES OR LOTS.
[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.