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Mahwah City Zoning Code

§ 24-1.3

Purposes.

[Amended 10-15-2020 by Ord. No. 1916; 3-10-2022 by Ord. No. 1958]
Such regulations are deemed necessary to achieve the following purposes:
a. 
Promote Orderly Development: to protect the character and maintain the stability of all areas within the Township, and to promote the orderly and beneficial development of such areas.
b. 
Regulate Intensity of Use: to regulate the intensity of use of zoning lots and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air, privacy and convenience of access to property and to protect the public health, safety and welfare.
c. 
Regulate Location of Buildings and Establish Standards of Development: to establish building lines and the location of buildings designed for residential, commercial, industrial, office or other uses within such lines and to fix reasonable standards to which buildings or structures shall conform.
d. 
Prohibit Incompatible Uses: to prohibit uses, buildings or structures which are incompatible with the character of development or the permitted uses within specified zoning districts.
e. 
Regulate Alterations of Existing Buildings: to prevent such additions to and alterations or remodeling of existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.
f. 
Limit Congestion in Streets: to limit congestion in the public streets and so protect the public health, safety, convenience and the general welfare by providing for off-street parking of motor vehicles and for the loading and unloading of commercial vehicles.
g. 
Protect Against Hazards: to provide protection against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare.
h. 
Conserve Taxable Value of Land: to conserve the taxable value of land and buildings throughout the Township.
i. 
Statement of Purpose for PRD4S Zoning: The purpose of this district (PRD4S) is to provide legislation which mandates the construction of adult and single-family semi-detached type housing, in an area of the Township which is currently impacted by two (2) diverse development types; that of a manufactured home park and low-density single-family homes.
The mapped location of the PRD4S District will function as a transition use between the manufactured home park and single-family homes both in terms of density and building scale.
The provision for multiple family housing in this area of the Township is consistent with current Master Plan and Zoning Policy to provide for a multiplicity of housing types appropriately spread or allocated to the several different physical neighborhoods of the Township.
j. 
Statement of Purpose for Rezoning Lots 1B and 3B Block 32 from R20 to GI80: Lot 1B is rezoned to GI80 from R20 predicated upon the Master Plan recommendation of the Planning Board. Lot 1B is adjacent to intensive commercial and industrial land uses fronting on Franklin Turnpike and Cedar Hill Avenue. Lot 1B is denuded and is at a lower grade than most all surrounding properties and is ideally suited as a natural drainage/retention area for the surrounding properties, which have been severely flooded in the past and contributed to the continuing flooding problems along the Masonicus Brook and the Mahwah River. The property owners of Lot 1B have proposed a retention pond of six (6) acres to accommodate approximately two hundred fifty (250) acres of adjacent water shed. Lot 3B is rezoned to GI80 to conform it to its current use.
k. 
It is the intent of the ML1 and ML2 Zone regulations to provide a realistic opportunity for the construction of a variety of housing types for a variety of income levels in the Township, including housing for lower income households; and to encourage the development of such lower income housing, and other housing, by providing specific land use regulations addressing those needs. These regulations are designed to meet the mandate of South Burlington County N.A.A.C.P. vs. Mount Laurel Township, 92 NJ 158 (1983) also referred to herein as Mount Laurel II. Any provisions of any other ordinance not in conflict with the ML1 and ML2 zoning regulations and which imposes higher standards shall be applicable.
l. 
Statement of Purpose for Rezoning lots contained in the CED (Controlled Economic Development) zone. The CED Zone was originally adopted as Ordinance No. 462 on October 12, 1972, and later amended as part of Ordinance No. 914 on December 5, 1985. This ordinance does not appear to have been fully codified, many of which are outdated or inconsistent with the code. These areas have largely been built out consistent with neighboring zones, therefore, it is the intent of this rezoning to recognize these existing development patterns in order to promote the clear and consistent application of development regulations.
m. 
Provisions Pertaining to the OP200 Zone.
1. 
Relationship to Master Plan. As required by law, pursuant to N.J.S.A. 40:55D-62, the Township Council finds that certain provisions to Ordinance No. 883 may not be totally consistent with the Township Master Plan or the land use plan element therein and accordingly determines that the OP200 District established is peculiarly suitable as a result of its location and prior use, for the designated uses.
2. 
Interpretation. In the interpretation and the application of the provisions of this ordinance, the provisions shall be held to be the minimum requirements for the promotion of health, safety, morals and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that where this ordinance imposes greater restrictions, the provision of this subsection shall apply.