This chapter shall be known as the "Maplewood Zoning and Development Regulations Ordinance."
The purposes of this chapter are to establish a pattern for the use of land and buildings based on the Land Use element of the Master Plan and to guide appropriate and orderly development which will promote the public health, safety, morals and general welfare. To this end, design standards are included to guide the preparation of development plans, and procedures for submitting and acting upon these plans are also included. This chapter is intended to carry out the purposes of the Municipal Land Use Law, which provides municipalities with the power to zone, and includes among the purposes of the law the following:
To encourage municipal action to guide the appropriate use or development of all lands in this state, in a manner which will promote the public health, safety, morals and general welfare.
To secure safety from fire, flood, panic and other natural and man-made disasters.
To provide adequate light, air and open space.
To ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole.
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment.
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
To 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 in order to meet the needs of all New Jersey citizens.
To 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 result in congestion or blight.
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the state and to prevent urban sprawl and degradation of the environment through improper use of land.
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
Any word or term not defined shall be used with a meaning as set forth in a publication entitled "The Illustrated Book of Development Definitions," by Harvey Moskowitz and Carl Lindbloom, Center for Urban Policy Research, Rutgers University, 1981, except that those words and terms defined in the Municipal Land Use Law, as amended, shall be used in this chapter as if included in this chapter. Specific section references which begin with "N.J.S.A. 40:55D" refer to the Municipal Land Use Law of the State of New Jersey.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY USE OR BUILDING
- A subordinate use or structure, the purpose of which is incidental to that of the main use or building on the same lot. Where an accessory building is attached to a principal building in a substantial manner by a wall or roof, such accessory building shall be considered part of the principal building.
- An extension or increase in floor area or height of a building or structure.
- ADMINISTRATIVE OFFICER
- The Township Engineer or the Assistant Township Engineer or the Construction Official.
- As applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress; or an addition.
- A dwelling unit in a building having three or more dwelling units where entrances, hallways, basements, attics, heating systems, yards and similar services are shared in common, singularly or in combination.
- APPROVING AUTHORITY
- The Planning Board, unless a different agency is designated in this chapter pursuant to the Municipal Land Use Law.
- ASSISTED LIVING
- A level of care between intermediate nursing care and independent
living. Typical assisted living patients require help in one or two
normal daily living activities, but otherwise are physically and mentally
able to live independently.[Added 3-20-1990 by Ord. No. 1824; amended 4-3-1990 by Ord. No. 1823]
- AUTOMOBILE SERVICE STATION
- Land and building providing for the sale of fuel, lubricants and automotive accessories and for maintenance and repairs of motor vehicles, whether as a sole use or in combination with other commercial activities.
- That portion of a building lying partly underground but having less than one-half (1/2) of its clear height below the average grade of the adjoining ground. The "basement" shall be counted as a story in determining the height of a building.
- A bed-and-breakfast establishment [bed-and-breakfast(s)]
is a detached single-family residence ("residence") with no more than
four rooms available to guests for lodging. The residence shall be
owner-occupied and managed. The maximum number of guests staying at
the bed-and-breakfast at any one time shall be no more than eight
individuals, including children over the age of six. A breakfast shall
be the only food service available for guests. Food and lodging are
to be included in one stated price.[Added 7-5-2006 by Ord. No. 2357-06]
- An off-site lettered or pictorial advertising sign.
- An individual over the age of 18, other than a member of
the family, who occupies a bedroom in a dwelling unit for a consideration
and who may be furnished meals or other services as part of the consideration.
A bedroom occupied by a boarder in a dwelling unit shall not be permitted
to have any kitchen facilities within the bedroom.[Added 11-6-1996 by Ord. No. 2005-96; amended 4-21-2009 by Ord. No. 2584-09]
- BUILDING COVERAGE
- The area of a lot covered by buildings measured around the periphery of the foundation(s).
- BUILDING HEIGHT
- The vertical distance to the highest point of the building from the average elevation of the finished grade around the foundation. The building's highest point shall exclude chimneys, mechanical equipment, elevator towers and flagpoles, none of which shall extend above the highest point of the building by more than 20% unless otherwise permitted in this chapter.
- (1) The average ground elevation shall be calculated by measuring the elevation at ten-foot intervals around the periphery of the foundation.
- (2) The "building height" shall not exceed the maximum allowed in the zoning district by more than five feet from the lowest elevation around the periphery of the foundation.
- (3) Where soil or rock removal lowers the ground elevation around the periphery of the foundation, the "building height" shall be based on the lowered elevation.
- (4) Where fill raises the ground elevation around the periphery of the foundation, "building height" shall be based on the elevation as it existed prior to the use of fill, unless the fill will make the final grade a continuation of that which surrounds the construction site.
- That portion of a building lying partly underground but having at least one-half (1/2) of its clear height below the average grade of the adjoining ground. The "cellar" shall not be counted as a story in determining the height of a building.
- COMMON PROPERTY
- Land or water, or a combination, together with improvements within or related to a development and designed and intended for the use or enjoyment of residents of the development. "Common property" includes common open space and may contain such complementary structures and improvements as are necessary and appropriate for its use or enjoyment.
- COMPLETE APPLICATION
- Submission of an application form provided by the Township and completed by the applicant, together with all accompanying documents required by this chapter for approval of the application for development. The approving authority may require additional information not specified in this chapter and revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the approving authority. An application shall be certified as complete immediately upon the meeting of all requirements specified in this chapter and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the approving authority.
- CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
- A development of residential living units exclusively for
persons who are 60 years of age or older and for married couples with
at least one spouse being 60 years or older. A "CCRC" may include
single-family attached and multifamily independent living units, residential
health care units and nursing units. A "CCRC" may include health care
services and meals for residents with or without common dining facilities,
physical therapy facilities, meeting rooms, recreation facilities,
on-site service shops and other ancillary services customarily accessory
to the principal permitted uses.[Added 3-20-1990 by Ord. No. 1824; amended 4-3-1990 by Ord. No. 1823]
- CONVENIENCE STORE WITH A FUELING STATION
- Any building, land area or other premises used for a convenience
store, which is a store that stocks a range of everyday items such
as groceries, snack food, candy, toiletries, soft drinks, tobacco
products and newspapers, with an associated automotive fueling station,
which involves the retail dispensing or sales of fuels and oil from
a container for automobiles, light passenger trucks, and commercial
trucks but does not include the installation of tires, batteries and
similar vehicular accessories nor the renting, painting, cleaning
or detailing, body work, servicing, storage or repair of any vehicles.[Added 8-18-2015 by Ord. No. 2794-15]
- Shall be not longer than 600 feet and shall provide a turnaround at the end with a radius of not less than 40 feet for the paved width and 50 feet for the right-of-way width, and tangent whenever possible to the right side of the road. If a "cul-de-sac" street is of a temporary nature, a similar turnaround shall be provided and provisions made for the future extensions of the street and reversion of the excess right-of-way to the adjoining properties.
- DESIGN REVIEW AND BEAUTIFICATION COMMITTEE 
- A committee appointed by the Township Committee to serve in an advisory capacity to the Planning Board, the Zoning Board of Adjustment, the Construction Official and the Site Plan Review Committee for various special projects. This Committee shall be subordinate to the Planning Board and the Zoning Board of Adjustment and it shall not meet independently with applicants unless directed to do so by either the Planning Board or the Zoning Board of Adjustment.
- DWELLING, ATTACHED
- One dwelling unit in a building containing three or more dwelling units, with each dwelling unit extending from the ground to the roof with individual outside access and no interior rooms or hallways shared with other dwelling units.
- DWELLING, MULTIPLE
- A building containing more than two dwelling units, including attached dwellings.
- DWELLING, SINGLE-FAMILY
- A detached building containing one dwelling unit.
- DWELLING UNIT
- A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one family.
- EAT-IN RESTAURANT
- A commercial establishment where food and drink are prepared,
served and consumed at tables on the premises and served either cafeteria-style
or by waiters or waitresses. An eat-in restaurant may simultaneously
conduct a take-out restaurant business on the same premises. An eat-in
restaurant requires a site plan review. A drive-up window is not permitted.[Added 12-30-2003 by Ord. No. 2238-03]
- One housekeeping unit.
- FAST-FOOD RESTAURANT
- Eating establishments where most of the cooked food is not
prepared to order but prepared prior to being ordered.[Amended 12-30-2003 by Ord. No. 2238-03]
- FUELING STATION
- The dispensing, sale or offering for sale of motor vehicle
fuel which is dispensed from fixed fuel pumps into the fuel tanks
of motor vehicles.[Added 8-18-2015 by Ord. No. 2794-15]
- GASOLINE SERVICE STATION
- Any building, structure, place or location designated primarily
to supply motor vehicles with gasoline, oil, grease and supplies for
the inspection, testing and examination and repair thereof and to
maintain gasoline pumps and oil pumps for the purpose of selling gasoline
and oil.[Added 8-18-2015 by Ord. No. 2794-15]
- GOLF COURSE
- An area of 75 or more acres containing a full-sized golf course of at least nine holes, together with usual accessory uses, such as but not limited to a clubhouse, dining room, refreshment stand, swimming pool and tennis courts, provided that the accessory uses are incidental to the operation of the golf course.
- GROSS FLOOR AREA
- The area of all floors computed by using the inside dimensions of the exterior walls of a building. In residential uses, the "gross floor area" shall exclude the areas of garages, attics and cellars.
- Persons who use the facilities of a bed-and-breakfast and
provide consideration to the owner of the bed-and-breakfast in return
for same.[Added 7-5-2006 by Ord. No. 2357-06]
- HOME-BASED BUSINESS
- An activity carried on by a resident within a dwelling unit,
not involving on a regular and continuing basis the servicing of customers
or clients on the premises and not including bed-and-breakfast establishments.[Added 12-19-2000 by Ord. No. 2139; amended 7-18-2006 by Ord. No. 2363-06]
- HOME OCCUPATION
- An occupation being conducted wholly or in part from a residence or the residential lot as an accessory use.
- HOMEOWNERS' ASSOCIATION
- A nonprofit corporation operating under a recorded land agreement through which each lot or dwelling unit owner shall be a member; the owner of each lot or dwelling unit is subject to a charge for a proportionate share of the organization's expenses for activities and maintenance, including maintenance costs levied against the association by the Township; and each owner and tenant has a right to use the common property.
- HOTEL OR MOTEL
- A commercial establishment offering temporary lodging which may include accessory uses specifically intended to implement or enhance such use for temporary lodgings, such as on-site restaurants and other facilities for the consumption of food and beverages on the premises, public meeting rooms, retail facilities, health and recreational facilities.
- HOUSEKEEPING UNIT
- One or more persons living together in one dwelling unit on a fairly stable rather than transient basis, where the occupants share the ordinary tasks of living in a dwelling unit, such as but not limited to cooking and eating together, sharing inside and outside chores and performing other functional duties and otherwise exhibiting a kind of stability, permanency and functional life-style which is equivalent to that of the traditional family unit.
- HOUSING REHABILITATION FUND
- A fund established for the purpose of financing the rehabilitation
of substandard housing occupied by low- or moderate-income households,
as defined in the New Jersey Fair Housing Act, and as provided for in the Maplewood Fair Share Compliance
Plan. The fund shall be administered by the Township Clerk, and in
addition to the provision of financing for rehabilitation of lower-income
housing, the fund may be used under certain circumstances, as set
forth in the Fair Share Compliance Plan, for financing a Regional
Contribution Agreement, as provided for in the Fair Housing Act.[Added 3-20-1990 by Ord. No. 1824; amended 4-3-1990 by Ord. No. 1823]
- INDEPENDENT LIVING UNIT
- An age-restricted dwelling unit.[Added 3-20-1990 by Ord. No. 1824; amended 4-3-1990 by Ord. No. 1823]
- LOADING SPACE
- An off-street berth on the same lot with a building or group of buildings for the temporary parking of a vehicle while loading or unloading.
- LOT AREA
- The area contained within the lot lines but not including any portion of a street.
- LOT, CORNER
- A lot at the junction of and having frontage on two or more intersecting streets or a lot bounded on two or more sides by the same street, provided that the angle of intersection is less than 135°.
- LOT COVERAGE
- The area of a lot covered by all buildings and structures,
including driveways, parking lots, pedestrian walkways. swimming pools
and other man-made improvements on the ground surface which are more
impervious than the natural surface.[Amended 9-5-2017 by Ord. No. 2870-17]
- LOT DEPTH
- The distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.
- LOT FRONTAGE
- The distance between the side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width except that on curved streets with an outside radius of less than 500 feet, the lot frontage may be reduced to not less than 50% of the required minimum lot width, provided that the lot width can be met at the required minimum building setback from the street line. In the case of a corner lot, the lot frontage, lot width and front yard setback shall be met from all streets.
- LOT LINE
- Any line, including the street line, forming a portion of the boundary of a lot.
- LOT WIDTH
- The distance between side lot lines measured at the minimum building setback from the street line.
- LOW- AND MODERATE-INCOME HOUSING
- Housing affordable to households of low and moderate income, based on the following definitions:
- MAJOR SITE PLAN
- A site plan not defined as minor or exempt.
- MAJOR SUBDIVISION
- Any subdivision not classified as minor or exempt.
- MEDICAL MARIJUANA ALTERNATIVE TREATMENT CENTER or ALTERNATIVE TREATMENT CENTER
- An organization approved by the New Jersey Department of
Health to perform activities necessary to provide registered qualifying
patients with usable marijuana and related paraphernalia in accordance
with the provisions of this act (N.J.S.A. 24:61-3). A medical marijuana
alternative treatment center shall be considered a retail business.[Added 7-17-2018 by Ord. No. 2915-18]
- MINOR SITE PLAN
- A developmental plan of one or more lots in which: 1) no
variance is required, the floor area of the existing building is not
increased by more than 10% or 500 square feet, whichever is less,
and the plan does not increase the number of requited off-street parking
spaces by more than 10% of existing or more than five spaces in number,
whichever is less; 2) does not involve planned development, any new
street or extension of any off-tract improvement which is to be prorated
pursuant to N.J.S.A. 40:55D-42; and 3) contains the information reasonably
required in order to make an informed determination as to whether
the requirements established for approval of a minor site plan have
been met.[Amended 12-16-2003 by Ord. No. 2234-03]
- MINOR SUBDIVISION
- A subdivision of land for the creation of three or fewer
lots, including remaining land, fronting on an existing street, provided
that such subdivision does not involve 1) a planned development; 2)
any new street; or 3) the extension of an off-tract improvement the
cost of which is prorated pursuant to N.J.S.A. 40:55D-42.[Amended 12-16-2003 by Ord. No. 2234-03]
- MIXED USE
- Any use a portion of which is residential.[Added 12-16-2003 by Ord. No. 2234-03]
- NURSING UNITS
- An extended or intermediate care facility licensed by the
State of New Jersey to provide full-term convalescent or chronic care
to individuals who, by reason of advanced age, chronic illness or
infirmity, are unable to care for themselves.[Added 3-20-1990 by Ord. No. 1824; amended 4-3-1990 by Ord. No. 1823]
- A place for the transaction of business where services are rendered or reports are prepared or stored, but where no retail sales are offered and no manufacturing, assembling or fabricating takes place.
- OUTDOOR CAFE
- Any eating establishment where food and/or other refreshments
are served upon the public right-of-way; namely, the sidewalks immediately
in front of any restaurant, cafe or place of business where food and/or
other refreshments are served or a public plaza immediately adjacent
to any restaurant, cafe or place of business where food and/or other
refreshments are served. Said outdoor area shall be considered as
part of the building structure and shall be limited in use only for
patrons of the eating establishment. No seating provided in said outdoor
area shall be used for the seating requirements of the Fast-Food Ordinance.
An outdoor cafe shall be a permitted accessory use for any existing
permitted use which allows for the operation of a restaurant, cafe
or place of business where food and/or other refreshments are served.[Added 7-18-2000 by Ord. No. 2126-00]
- PERMITTED USE
- Any use of land or buildings permitted by this chapter.
- PLAT, FINAL
- The plat of all or a section of a development submitted for final approval.
- PLAT, INFORMAL
- The plat submitted for purposes of informal review in accordance with the provisions of N.J.S.A. 40:55D-10.1.
- PLAT, PRELIMINARY
- The plat of a development submitted for preliminary approval.
- PRINCIPAL USE
- The main purpose for which any lot, structure or building is used.
- PRIVATE SCHOOL
- A privately owned or operated educational institution of elementary or high school grade operating as a day school and accredited by the New Jersey Department of Education. Nursery schools offering educational instruction with qualified teachers shall be considered "private schools" for the purposes of this chapter, regardless of whether they also serve as day-care centers. Day-care centers without the educational component as set forth herein for nursery schools are not to be considered as "private schools."
- PROFESSIONAL OFFICE
- Office uses for the medical, legal, financial, design, real estate and scientific (excluding research) professions and the arts.
- PUBLIC AREA
- Shall have the same definition as that used in the New Jersey
Municipal Land Use Law, as amended.[Added 4-20-2004 by Ord. No. 2245-04]
- PUBLIC PURPOSE
- The use of land by a municipal, county, state or federal agency or authority.
- PUBLIC RIGHTS-OF-WAY
- For this chapter all dedicated streets, alleys or common
means of communication, travel or drainage and an area 10 feet from
the street curb measured to the adjacent property.[Added 3-17-2015 by Ord. No. 2771-15]
- REPAIR GARAGE
- Any business, service or industry, other than an automobile service station, which involves the storage, maintenance or major repair of motor vehicles.
- RESIDENTIAL HEALTH CARE UNIT
- An age-restricted room or series of connected rooms containing
living and sleeping space and sanitary facilities, but not cooking
facilities, for occupancy for one or two persons in need of assisted
living.[Added 3-20-1990 by Ord. No. 1824; amended 4-3-1990 by Ord. No. 1823]
- RETAIL BUSINESS
- Any occupation or business for the sale of merchandise, property or services directly to the general public, including financial institutions, insurance, real estate agencies and travel agencies, and which is not otherwise defined as an office.
- The total width and length of the course of a street, watercourse, utility alignment or other way within which improvements and rights of access are confined.
- See "boarder."[Added 11-6-1996 by Ord. No. 2005-96]
- The distance between a lot line and that portion of the lot where structures may be located, based on the setback or yard requirements of this chapter. All setbacks from public streets shall be measured from the proposed right-of-way as shown in the Master Plan.
- SHOPPING CENTER
- A group of commercial establishments, the majority of which are retail stores, built on a site which is planned, developed, owned and managed as an operating unit, and which provides on-site parking in definite relationship to the types and total size of the commercial establishments.
- Any announcement, display or illustration used to advertise or promote the interest of any person or product when the same is placed in a position to be seen by the general public from any street or public way.
- SILTATION BASIN
- A facility through which stormwater is directed and which is designed to collect silt and eroded soil from a designated area.
- SITE PLAN, EXEMPT
- Site plan approval shall not be required for:
- (1) Single-family and two-family dwellings and their accessory uses, unless a home occupation is involved.
- (2) Interior building alterations which do not involve a change in use, additional parking or additional building area. Exterior building alterations are not exempt.
- (3) Changes in use which do not require additional parking under the terms of this chapter.
- SITE TRIANGLE
- The portion of a lot restricted in its use to assure clear sight distance for motorists.
- STREET LINE
- The edge of the existing or future right-of-way, whichever would result in the widest right-of-way, as shown on the Master Plan or Official Map or as required by this chapter.
- SWIMMING POOL
- A water-bearing facility constructed or assembled above or below ground having a depth of more than 1.5 feet or a capacity of more than 100 cubic feet. "Swimming pools" shall include all buildings, structures, equipment and appurtenances thereto.
- TAKE-OUT RESTAURANT
- A commercial establishment where food and drink are prepared
for consumption off premises. A take-out restaurant requires a site
plan review. A drive-up window is not permitted.[Added 12-30-2003 by Ord. No. 2238-03]
- THRIFT SHOPS
- A retail business which sells used wearable and current items of clothing as distinguished from those businesses which sell used items of a collectible and usable nature, such as antique shops.
- See "dwelling, attached."
- TRANSITIONAL LOT
- The first residentially zoned lot (or lots in common ownership) having a side yard adjoining the side line of a lot in a business zone fronting on the same street and extending into the residential zone no more than two times the minimum lot frontage of the residential zone in which the lot is located.
- Services such as but not limited to sewage treatment, water supply, gas, electric, telephone and cable television.
- Space unoccupied, except as permitted in this chapter, extending between any building and a lot line or street line. See the definition of "setback."
- YARD, FRONT
- The area extending across the full width of a lot between the street line and the nearest point of the building to the street, extending to the side lot lines from such point in lines parallel to the street line.
- YARD, REAR
- The area extending across the full width of a lot between the rear lot line and the nearest point of the building to the rear lot line, extending to the side lot lines from such point in lines parallel to the street line.
- YARD, SIDE
- The area lying between each side lot line and the nearest point of the building to each side lot line, excluding front and rear yards.
- ZONING OFFICER
- The Construction Official.
Editor's Note: This Committee was dissolved 12-15-2009 by Ord. No. 2612-09.
Editor's Note: N.J.S.A. 52:27D-301 et seq.
Editor's Note: This definition was also adopted 8-18-2015 by Ord. No. 2794-15.
Editor's Note: This definition was also adopted 8-18-2015 by Ord. No. 2794-15.
Editor's Note: N.J.S.A. 40:55D-1 et seq.
Editor's Note: This definition was also adopted 8-18-2015 by Ord. No. 2794-15.
Editor's Note: The definition for "restaurant," which immediately followed this definition, was repealed 12-30-2003 by Ord. No. 2238-03.