Fanwood |
Code of Ordinances |
Part II. General Legislation |
Chapter 184. Land Use |
Part 3. Zoning |
Article XIX. Conditional Uses |
§ 184-177. Houses of worship.
Latest version.
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Houses of worship and uses and structures accessory to the houses of worship on the same site are permitted in all zone districts provided they comply with all of the following requirements. It is not intended that part-time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization, or place of worship, such as, but not limited to, Sunday schools, nursery schools, catechism, Hebrew schools, adult education, and the like, create a mixed use as defined herein for the premises on which they are conducted.A.Charter. The application shall be accompanied by the existing or proposed charter and bylaws of the organization and such other material as may be required to guarantee to the satisfaction of the Board the following:(1)The organization is or will be a bonafide nonprofit religious group organized primarily for the benefit of its membership, and such other activities normally carried on by religious groups.(2)The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.(3)The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:(a)The premises may be made available on a rental basis for meetings of other groups, private social functions and the like; and(b)The organization may conduct intermittent commercial activities open to the general pubic designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided such activities are conducted inside of a building or structure. Such activities shall also be permitted outside of a building or structure under the authority of a special license granted by the Mayor and Borough Council, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This subsection shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fund-raising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee; and(c)Sale of religious articles or items having a relation to the cultural or ethnic background of the members of the faith are permitted on a continuous basis, provided that such sales are conducted inside the building or structure.B.Minimum lot area. Every lot shall contain a minimum area of 45,000 square feet.C.Minimum lot frontage. Every lot shall have a minimum frontage of 150 feet.D.Maximum improvement coverage. The total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways and other improvements shall not exceed 50% of the total lot area.E.Front yard. There shall be a front yard equal to the front yard setback requirement for the zone in which the site is located.F.Minimum side yard. There shall be a minimum side yard which is not less than the height of the building or structure, or 20 feet, whichever is greater.G.Minimum rear yard. There shall be a minimum rear yard which is not less than the height of the structure or 50 feet, whichever is greater.H.Reconstruction of a house of worship. Notwithstanding any provisions of this section to the contrary, in the case of an accidental, partial, or complete destruction of a house of worship, rectory, parish house, or convent existing on January 1, 2001, the structure or building so destroyed may be reconstructed on the same site and as it existed prior to the accidental destruction, even though it may not conform to all the conditions of that conditional use for that zone. The phrase "reconstructed...as it existed" for the purposes of this section shall be deemed to mean that the structure or building may be reconstructed with ground coverage not in excess of that of the former building or structure and with usable floor space on all floors not in excess of that which existed in the former building or structure, and with a height not to exceed that which existed in the former building or structure. It shall not be necessary that the replacement be identical to the former structure in any other particulars, provided that the replacement shall be no less conforming to this chapter than the former structure.