This chapter shall be known, cited and referred to as the Maplewood Zoning Code.

(Ord. No. 4062, § 901.01, 10-14-1980)

This chapter is adopted for the following purposes:

(1)

To promote and protect the public health, safety, comfort and general welfare of the people of the city.

(2)

To divide the city into districts, restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures, and land for residential, commercial, industrial and other uses specifically for the purposes stated in the districts created herein.

(Ord. No. 4062, § 901.02, 10-14-1980)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory dwelling unit. A smaller, subordinate, dwelling containing a single dwelling unit that is either attached to or detached from the principal single-family dwelling.

Accessory use (structure). See article III, division 4 of this chapter.

Alley. See Public service drive.

Antique means a work of art, a piece of furniture or a decorative object made at an earlier period of time, usually defined as 100 years or older, and having a current market value higher than when it was originally made and having a current market value higher than an equivalent present-day item.

Apartment dwelling means a building or portion thereof, designed for occupancy by three or more families living independent of each other, exclusive of attached single-family dwellings, townhouses or patio houses located on individually subdivided lots and intended primarily for owner occupancy.

Arterial road means those roads (as defined in the comprehensive plan, in effect from time to time) that are the major traffic carriers within the community which have as their main objective the carrying of traffic through a city and which have as their secondary objective the carrying of traffic across the community from one part to another.

Attached single-family dwelling means one of a series of attached dwellings designed for single-family occupancy and located on individually subdivided lots of record.

Automobile, passenger, private, means any motor vehicle, other than a commercial vehicle, which is licensed as a passenger automobile.

Automobile filling station means a use solely for the retail sale and dispensing of gasoline, oil, air and water.

Automobile repair. See Motor vehicle repair, minor.

Automobile service station means a use primarily for supplying gasoline, oil, air and water, tires, accessories and services for motor vehicles at direct retail to the consumer including the incidental washing of motor vehicles and the making of minor repairs, but not including such major repairs as spray painting; body, fender, clutch, transmission, differential, axle, spring and frame repairs; major overhauling of engines or radiators requiring removal thereof; or recapping or retreading of tires.

Blood bank means any establishment engaged in collecting human blood or plasma for any purpose other than for performing medical examinations on the donor.

Building means a structure intended for shelter.

Building coverage (lot coverage) means that percentage of a lot which, when viewed from above, would be covered by a structure or structures or any part thereof, excluding eaves.

Building height means the vertical distance measured from the curb grade or its equivalent established grade at a point midway between the two side lot lines to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided, that where buildings are set back from street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

Building permit means a permit issued by the building commissioner prior to any construction.

Carwash means a structure or portion thereof, containing facilities for washing motor vehicles, such as a chain conveyer, blower, steam cleaning device or other mechanical device.

Certificate of nonresidential occupancy. See Use certificate.

Child day care center or day nursery means an organized group program for the care of children away from their own home for any part of a 24-hour day for compensation or otherwise.

Collectible means a cultural object other than an antique or such traditionally collectible items as stamps, coins, works of art, toys, tools, glassware, pottery, china, or other objects representing a cultural time period and having a current market value higher than when it was originally made and having a current market value higher than an equivalent present-day item.

Commercial/industrial collector road means a road (as defined in the comprehensive plan, in effect from time to time) that has as its primary function the movement of traffic directly from commercial or industrial areas to major arterials.

Commonly useable residential open space (CUROS) means any outdoor area of such size, shape and location as to provide for specific outdoor living functions, such as patios, playgrounds or swimming pools or outdoor service functions, such as laundry drying. Site areas considered as CUROS must be available and accessible for all residential occupants of a given building or development and may include only those spaces enclosing an area of at least 300 square feet with a least dimension of 15 feet.

Communication antenna orcommunications antenna means any device or array that uses airwaves to transmit and/or receive electromagnetic signals for voice, data or video communication purposes, including, but not limited to, VHF and UHF television, FM or AM radio, two-way radio, cellular telephone, PCS or other wireless telephony, fixed point microwave, low power television, or other wireless communications and common carriers.

Communication tower means a tower used as a base for any communications antenna, including, but not limited to, the following antennas: VHF and UHF television; FM or AM radio; two-way radio, cellular telephone, PCS or other wireless telephony, fixed point microwave, low power television, or other wireless communications and common carriers. A communication tower shall not be considered a utility substation for purposes of this chapter.

Consignment shop means a retail store at which items are offered for sale by a store owner/operator pursuant to a written contract with the owner of the item or items offered for sale which provides that the store owner/operator pays the owner of an item or items only if the item or items are sold, and that the store owner/operator may return or dispose of unsold items, but not including any store that accepts or sells donated goods.

Convenience service retail uses means small establishments designed and intended to serve the daily or frequent trade or service needs of surrounding population. Such establishments include grocery stores, variety stores, drug stores, coin-operated laundry and dry cleaning establishments, beauty shops, barber shops and medical and dental offices. Specifically excluded are automobile filling and service stations and drive-in restaurants.

Day spa means a business that provides hair salon services, facials, manicures, pedicures and massages from which 51 percent of gross revenues is derived from retail sales and is open a minimum of five nights a week until 8:00 p.m.

Decibel means a scientifically accepted unit of measurement of the intensity of sound.

Demolition permit means a permit issued by the building commissioner prior to any demolition.

Density means the number of dwelling units that may be constructed per acre or per square feet of a zoning lot area.

Detached single-family dwelling means a dwelling designed for a single-family occupancy and entirely surrounded by a yard or other separation from buildings or adjacent lots.

Development standard means regulations which limit the size, bulk or siting conditions of discrete types of residential buildings located within any designated use district.

Drive-in restaurant means a structure or portion thereof primarily so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to either serve patrons while in the motor vehicles, or else where the patrons may serve themselves and may eat or drink the food refreshment or beverages on the premise.

Drug and/or alcohol treatment facility means any out-patient or residential facility for the specific treatment of alcohol or drug abuse.

Dwelling means a structure or portion thereof used exclusively for residential purposes.

Dwelling unit means one or more rooms in a building designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities.

Elevator apartments means an apartment building of more than three stories in height with primary access to units above the third-floor level typically provided by means of an elevator.

Family means one or more persons occupying a dwelling unit as a single housekeeping unit whereby all occupants share common sanitary, living, and cooking facilities and share household responsibilities which may include, but are not limited to, rental or mortgage payments, expenses, groceries, chores, and maintenance. This does not include individuals living in group living situations such as dormitories, fraternities, sororities, boardinghouses, lodging houses, or the like.

Financial institution means any business or use of property as a full service bank, credit union or savings and loan. This definition shall not include shortterm loan businesses, as defined herein.

Floor area (gross floor area) means the sum of the horizontal surfaces of the several floors of a building measured from the exterior faces of exterior walls, to include all corridors, lobbies, air shafts, elevators, stairwells and toilets. Areas devoted to off-street parking or loading or to boiler rooms shall not be included in gross floor area.

Floor area ratio (FAR) means the total gross floor area of the building or buildings on any zoning lot divided by the area of such zoning lot.

Garage, private, means a detached accessory building or portion of a principal building, designed, arranged, used or intended to be used for the storage of motor vehicles of the occupants of the premises or their clients or customers without charge to visitors, clients or customers during the period they are visiting or conducting business with an occupant on the premises.

Garden apartment (walkup apartment) means a two- or three-story apartment building containing not more than 12 dwelling units with common access to all units provided by one or two stairways.

Gross floor area. See Floor area (gross floor area).

Group home means a dwelling unit in which multiple unrelated mentally and/or physically disabled persons reside and may include two additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically disabled persons residing in the home.

High quality, pre-owned apparel and clothing accessories means pre-owned outer garments and jewelry, scarves, belts, purses, footwear and similar accessories which are free from visible wear such as tears, spots, holes, fading or discoloring, odor, stains or dirt; outer garments include items such as shirts, pants, skirts, coats and similar external apparel, and specifically does not include undergarments.

Home occupation. See article III, division 3 of this chapter.

Hotel means a building which is intended, used, converted or designed to be rented or let out for compensation by tourists or other transients.

Live music establishment means a business offering dueling piano bars, jazz or blues with food service. Live entertainment must be available one-half the time the establishment is open to the public.

Lot means a parcel of land which has been or which is proposed to be used, developed or built upon as a unit under single ownership. Such a lot may consist of a single lot of record or a part or combination of one or more lots of record.

Major recreational equipment means any equipment such as travel trailers, pickup campers or coaches, motorized campers, tent trailers, boats and boat trailers and the like, and cases, boxes or trailers for transporting recreational equipment, whether occupied by such equipment or not.

Mobile home means a self-contained mobile structure intended to be used for dwelling purposes which has been, or reasonably may be equipped with wheels or other devices for transporting such structure.

Motel. See Hotel.

Motor vehicle-oriented business (MVOB) means any commercial business which, by design, type of operation and nature of business, has as one of its functions, the provision of services to a number of motor vehicles or its occupants in a short time span for each, or the provision of services to the occupants of the motor vehicle while they remain in the vehicle. The list of businesses subject to this chapter include, but may not be limited to, convenience stores, gasoline service stations, banks with drive-through facilities and restaurants with drive-through facilities.

Motor vehicle repair, minor, means incidental repairs or services to motor vehicles including changing flat tires, repairing or servicing the electrical or ignition system, replacing hoses, cleaning or replacing filters, installing minor accessories, and adding or replacing lubricants, coolants, refrigerants or hydraulic system fluids.

Nonconforming lot of record means an unimproved lot which does not comply with the lot size requirements for any permitted use in the district in which it is located.

Nonconforming structure means a structure which does not comply with the lot size requirements or bulk regulations applicable to a new structure in the zoning district in which it is located.

Nonconforming use means an existing use of a structure or land which does not comply in some respect with the use regulations applicable to new uses in the zoning district in which it is located.

Open space (useable residential open space) means any outdoor area of such location, size and shape as to provide for specific outdoor living as patios, swimming pools, etc., or outdoor service functions such as laundry drying. Areas considered as commonly useable residential open space must be available for private or collective use by residential occupants of a given building or project.

Parking space. See article III, division 2 of this chapter.

Patio house means one of a series of one-story, basically L-shaped, single-family residential dwellings which, together with an enclosed private courtyard or patio, may occupy up to 100 percent of a subdivided lot. The courtyard or patio of such a house serves as the principal open space and source of natural light for the occupants.

Performance standard means a criterion established to control noise, smoke, toxic or noxious matter, vibration, fire and explosive hazards, and glare and heat generated by or inherent in the use of land or buildings. See also section 56-41.

Person means a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the term "person" is used in any section of this chapter prescribing a penalty or fine as to partnership or association, the word shall include the partners or members thereof and, as to corporation, it shall include the officers, agents or members thereof who are responsible for any violation of such section.

Principal building means the structure in which the principal use on the lot is located.

Project (development) means one or more buildings on a single lot, or a group of buildings to be constructed by a single developer to be later sold individually on separate subdivided lots of record.

Public service drive means a public or private way, at the rear or side of property, primarily used as a means of secondary vehicular access to abutting property.

Research and development establishment means a business engaged in the development and assembly of electronic equipment, precision instruments or miniaturized mechanical prototypes.

Residential collector road means a road (as defined in the comprehensive plan, in effect from time to time) that has as its primary function the movement of traffic directly from residential neighborhoods to major arterials.

Roominghouse. See Hotel.

Row house. See Townhouse.

Screening means a hedge, earth berm, wall or fence to provide a visual separator and physical barrier.

Setback means the distance between the front lot line and the major building surface of the principal building on the lot.

Shortterm loan business means any of the following:

(1)

A business providing as a primary or substantial portion of its business unsecured loans, regardless of whether or not the business is licensed or holding a certificate of registration to engage in consumer credit business from the appropriate state agency;

(2)

A business engaged in check cashing for a fee and which may or may not provide shortterm loans for a fee;

(3)

A pay-day loan business;

(4)

A car title loan business;

(5)

Any business possessing the same or similar characteristics as the businesses described in this definition, with the exception of financial institutions as defined herein.

Sign. All definitions pertaining to signs and signing are contained in chapter 6.

Site plan. See article IV, division 8 of this chapter.

Site plan review. See article IV, division 8 of this chapter.

Story means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.

Structure means anything constructed or erected with a fixed location on the ground, or attached to something having or requiring a fixed location on the ground.

Townhouse means one of a series of three or more attached single-family dwellings, two or three stories in height, which are separated horizontally from one another by solid partition walls extending from basement to roof without openings.

Townhouse apartment means one of a series of three or more attached dwellings, two or three stories in height for single-family occupancy which are separated from one another by partition walls extending from basement to roof without openings, but which are not located or sited on individual subdivided lots.

Truck means any motor vehicle which is licensed as a truck or can be legally licensed only as a truck, unless currently registered by the city as a motor vehicle other than a commercial motor vehicle.

Two-family dwelling means a building designed exclusively for occupancy by two families living independently of each other, including a duplex or a semi-detached dwelling.

Use means the purpose or activity for which land or a building thereon is designed, arranged or intended or for which it is maintained, and shall include any manner or performance of such activity with respect to the performance requirements of this chapter.

Use certificate means a permit issued by the zoning administrator prior to occupancy of any structure.

Use limitations means regulations intended to delimit or emphasize the desired nature and quality of uses permitted within a business, manufacturing or special district.

Use regulations means regulations which relate to a specific quantifiable use condition such as density or intensity or to building size, bulk or sitting conditions occurring anywhere and for any type of building located within a given zoning district.

Vehicle, commercial, means any vehicle used for business or institutional purposes and having painted thereon or affixed thereto a sign identifying the business, institution or a principal product or service of the business; or any motor vehicle used primarily for transportation of persons for a fee or charge such as buses or taxicabs; or any truck.

Walkup apartment. See Garden apartment.

Wholesale sales means the sale of goods, merchandise and commodities for resale.

Yard means an open space on the same zoning lot with a principal building or group of buildings which is unoccupied and unobstructed from its lowest level upward except as otherwise permitted in this chapter and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.

Yard, front (right-of-way setback), means a yard extending along the full width of the zoning lot and lying between the front line of the lot and the nearest line of the principal building.

Yard, rear, means a yard extending across the full width of the zoning lot and lying between the rear line of the lot and nearest line of the principal building.

Yard, side, means that part of the yard lying between the nearest line of the principal building and a side lot line and extending from the required front yard (or from the front lot line, if there is no required front yard) to the required rear yard.

Yard, transitional, means a yard that must be provided with landscaping and screening on a lot in a business district which adjoins a lot in a residential district; or a yard that must be provided in the manufacturing district which adjoins a lot in either a residential or business district. A transitional yard shall include any otherwise required yard or right-of-way setback.

(Ord. No. 4062, § 907.01, 10-14-1980; Ord. No. 4186, § 1, 6-26-1984; Ord. No. 4446, § 1, 4-10-1990; Ord. No. 4475, § 1, 12-11-1990; Ord. No. 4511, § 2, 10-8-1991; Ord. No. 4523, § 1, 3-24-1992; Ord. No. 4561, § 7, 11-10-1992; Ord. No. 4568, § 1, 12-8-1992; Ord. No. 4615, § 1, 7-27-1993; Ord. No. 4721, § 2, 3-12-1996; Ord. No. 4815, § 1, 2-24-1998; Ord. No. 5155, §§ I, II, 2-10-2004; Ord. No. 5317, § I, 2-14-2006; Ord. No. 5451, § II, 1-22-2008; Ord. No. 5494, § I, 12-9-2008; Ord. No. 6000, § I, 10-25-2022; Ord. No. 6075, § I, 5-27-2025; Ord. No. 6085, § I, 9-23-2025)

(a)

The owner or general agent of a building or premises where a violation of any provision of the regulations herein has been committed or shall exist or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than $10.00 and not more than $100.00 for each and every day that such violation continues, but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than $100.00 nor more than $250.00 for each and every day that such violation shall continue or by imprisonment for ten days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court.

(b)

Any person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten days after such service or shall continue to violate the provisions of the regulations herein, in the respect named in such order, shall also be subject to a civil penalty of $250.00.

(Ord. No. 4062, § 905.11(3), 10-14-1980)

(a)

Except as may otherwise be provided in article V (nonconformities) of this chapter, all structures erected hereafter, all uses of land or structures established hereafter, all structural alterations or relocation of existing structures occurring hereafter and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such structures, uses or land shall be located.

(b)

However, where a building permit for a structure has been issued in accordance with law prior to the effective date of the ordinance from which this chapter is derived and provided that construction is begun within six months of the date of the building permit and diligently prosecuted to completion, such structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued and, further, may, upon completion, be occupied under a use certificate by the use for which originally designated, subject thereafter to the provisions of article V (nonconformities) of this chapter.

(Ord. No. 4062, § 901.03, 10-14-1980)

The locations and boundaries of the zoning districts established herein are shown upon the zoning map, which is hereby incorporated into and made a part of this chapter. The zoning map, together with all notations, references and other information shown thereon and all amendments thereto, shall be a part of this chapter and shall have the same force and effect as if the zoning map, together with all notations, references and other information shown thereon, were fully set forth and described herein.

(Ord. No. 4062, § 901.04, 10-14-1980)

All streets, public service drives (alleys), public ways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways or railroad rights-of-way. Where the centerline of a street, alley, public way or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(Ord. No. 4062, § 901.05, 10-14-1980)

Wherever any uncertainty exists as to the boundary of any use district as shown on the zoning maps incorporated herein, the following rules shall apply:

(1)

Where district boundary lines are indicated as following streets, alleys or similar rights-of-way, they shall be construed as following the centerlines thereof.

(2)

Where district boundary lines are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.

(3)

Where a lot held in one ownership and of record on the effective date of the ordinance from which this chapter is derived is divided by a district boundary line, the entire lot shall be construed to be within the district containing more than half the area of the lot.

(Ord. No. 4062, § 901.06, 10-14-1980)

In the construction of this chapter, the rules contained in this section shall be observed and applied except when the context clearly indicates otherwise:

(1)

The word "lot" shall include the words "plot," "piece" and "parcel."

(2)

The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

(Ord. No. 4062, § 901.07, 10-14-1980)

(a)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare.

(b)

Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standards shall govern.

(c)

This chapter is not intended to abrogate or annul any existing easement, covenant or other private agreement.

(Ord. No. 4062, § 901.08, 10-14-1980)

The city is hereby divided into the following zoning districts:

(1)

Residential.

a.

SR Single-Family Residential District (single-family detached dwellings or attached dwellings with site plan approval).

b.

LR Limited Residential District (single-family attached dwelling or low rise apartments including townhouse and garden apartments with site plan approval).

c.

MR Medium Density Residential District (all types of apartments without height limit and attached single-family dwellings).

d.

P-RO Planned Residential-Office District (all types of apartments as well as office-apartment mixed uses).

(2)

Business.

a.

NB Neighborhood Business District (convenience retail and limited office use).

b.

CB Community Business District (shoppers' retail and convenience retail, offices, hotels and motels).

c.

PB Planned Business District (shoppers' retail, office, hotel and motel).

d.

AB Arterial Business District (automobile oriented retail and limited wholesale as well as offices, hotels, and motels).

(3)

Manufacturing.

a.

LM Light Manufacturing District (light manufacturing and warehousing).

b.

HM Heavy Manufacturing District (heavy manufacturing and storage within environmental control limits).

(4)

Special. PA Public Activity District (schools, parks, cemeteries, churches, community centers).

(Ord. No. 4062, § 901.09, 10-14-1980)

The city council shall establish a schedule of fees, charges and expenses and a collection procedure for all matters pertaining to this chapter. The schedule of fees shall be filed with the city clerk. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any action or appeal provided by this chapter.

(Ord. No. 4062, § 905.11(1), 10-14-1980)

(a)

All permits issued on the basis of plans (including site plans approved by the city council) and/or applications approved by the building inspector and/or zoning administrator authorize only the use, arrangement and/or construction set forth in such approved plans and/or applications and no other use, arrangement or construction.

(b)

Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter punishable as provided by section 56-4.

(Ord. No. 4062, § 905.11(2), 10-14-1980)

(a)

There are hereby established the following fees to be paid by the requesting party prior to any action being taken by the city in connection with zoning matters as found in this chapter:

(b)

A copy of these fees shall be on file with the city clerk.

(Ord. No. 4062, § 905.12, 10-14-1980; Ord. No. 4212, § 1, 5-28-1985; Ord. No. 5400, § I, 5-8-2007; Ord. No. 6018, § IX, 7-11-2023)