As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OR BUILDINGA 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.
ADDITIONAn extension or increase in floor area or height of a building or structure.
ALTERATIONAs applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress; or an addition.
APARTMENTA 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 AUTHORITYThe Planning Board, unless a different agency is designated in this chapter pursuant to the Municipal Land Use Law.
ASSISTED LIVINGA 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.
AUTOMOBILE SERVICE STATIONLand 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.
BASEMENTThat 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.
BED-AND-BREAKFASTA 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.
BILLBOARDAn off-site lettered or pictorial advertising sign.
BOARDERAn 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.
BUILDING COVERAGEThe area of a lot covered by buildings measured around the periphery of the foundation(s).
BUILDING HEIGHTThe 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.
CELLARThat 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 PROPERTYLand 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 APPLICATIONSubmission 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.
CONVENIENCE STORE WITH A FUELING STATIONAny 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.
CUL-DE-SACShall 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 COMMITTEEA 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, ATTACHEDOne 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, MULTIPLEA building containing more than two dwelling units, including attached dwellings.
DWELLING UNITA room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one family.
EAT-IN RESTAURANTA 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. A drive-up window is not permitted.
ELECTRIC VEHICLEAny vehicle that is licensed and registered for operation on public and private highways, roads, and streets; operates, either partially or exclusively, on electrical energy from the grid or an off-board source that is stored on-board via a battery for motive purpose. "Electric vehicle" includes: 1) a battery electric vehicle; and 2) a plug-in hybrid electric vehicle.
ELECTRIC VEHICLE CHARGING STATIONA public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.
FAST-FOOD RESTAURANTEating establishments where most of the cooked food is not prepared to order but prepared prior to being ordered.
FUELING STATIONThe dispensing, sale or offering for sale of motor vehicle fuel which is dispensed from fixed fuel pumps into the fuel tanks of motor vehicles.
GASOLINE SERVICE STATIONAny 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.
GOLF COURSEAn 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 AREAThe 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.
GUESTSPersons who use the facilities of a bed-and-breakfast and provide consideration to the owner of the bed-and-breakfast in return for same.
HOME-BASED BUSINESSAn 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.
HOME OCCUPATIONAn occupation being conducted wholly or in part from a residence or the residential lot as an accessory use.
HOMEOWNERS' ASSOCIATIONA 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 MOTELA 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 UNITOne 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 FUNDA 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.
LOADING SPACEAn 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 AREAThe area contained within the lot lines but not including any portion of a street.
LOT, CORNERA 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 COVERAGEThe 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.
LOT DEPTHThe 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 FRONTAGEThe 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 LINEAny line, including the street line, forming a portion of the boundary of a lot.
LOT WIDTHThe distance between side lot lines measured at the minimum building setback from the street line.
LOW- AND MODERATE-INCOME HOUSINGHousing affordable to households of low and moderate income, based on the following definitions:
(1) LOW-INCOME HOUSEHOLDA household whose gross aggregate annual income at the time of purchase or rental does not exceed 50% of the median income for the geographic area in which the Township is located, as established and adjusted from time to time by the United States Department of Housing and Urban Development.
(2) MODERATE-INCOME HOUSEHOLDA household whose gross aggregate annual income at the time of purchase or rental is between 50% and 80% of the median income for the geographic area in which the Township is located, as established from time to time by the United States Department of Housing and Urban Development.
(3) GROSS AGGREGATE ANNUAL INCOMEThe total gross household income from all sources of all members of the household. In determining the amounts of income to be excluded, consideration may be given to the number of minor children in the household and such other factors as appropriate, provided that they are consistent with federal and state subsidized housing guidelines.
MEDICAL MARIJUANA ALTERNATIVE TREATMENT CENTER or ALTERNATIVE TREATMENT CENTERAn 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. 24:6I-3) A medical marijuana alternative treatment center shall be considered a retail business.
MINOR SITE PLANA 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.
MINOR SUBDIVISIONA 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.
MIXED USEAny use a portion of which is residential.
NURSING UNITSAn 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.
OFFICEA 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 CAFEAny 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.
PERMITTED USEAny use of land or buildings permitted by this chapter.
PLAT, FINALThe plat of all or a section of a development submitted for final approval.
PLAT, INFORMALThe plat submitted for purposes of informal review in accordance with the provisions of N.J.S.A. 40:55D-10.1.
PRINCIPAL USEThe main purpose for which any lot, structure or building is used.
PRIVATE SCHOOLA 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 OFFICEOffice uses for the medical, legal, financial, design, real estate and scientific (excluding research) professions and the arts.
PUBLIC AREAShall have the same definition as that used in the New Jersey Municipal Land Use Law, as amended.
PUBLIC PURPOSEThe use of land by a municipal, county, state or federal agency or authority.
PUBLIC RIGHTS-OF-WAYFor 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.
REPAIR GARAGEAny business, service or industry, other than an automobile service station, which involves the storage, maintenance or major repair of motor vehicles.
RESIDENTIAL HEALTH CARE UNITAn 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.
RETAIL BUSINESSAny 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.
RIGHT-OF-WAYThe 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.
SETBACKThe 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 CENTERA 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.
SIGNAny 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 BASINA facility through which stormwater is directed and which is designed to collect silt and eroded soil from a designated area.
SITE PLAN, EXEMPTSite 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 that comply with all other requirements of the Township Code, including parking.
(3) Any commercial use governed by a "redevelopment plan," as such term is defined in N.J.S.A. 40A:12A-3, for a term of five years from the date of the adoption of the ordinance enacting the redevelopment plan.
SITE TRIANGLEThe portion of a lot restricted in its use to assure clear sight distance for motorists.
STREET LINEThe 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 POOLA 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 RESTAURANTA commercial establishment where food and drink are prepared for consumption off premises. A drive-up window is not permitted.
THRIFT SHOPSA 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.
TRANSITIONAL LOTThe 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.
UTILITYServices such as but not limited to sewage treatment, water supply, gas, electric, telephone and cable television.
YARDSpace unoccupied, except as permitted in this chapter, extending between any building and a lot line or street line. See the definition of "setback."
YARD, FRONTThe 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, REARThe 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, SIDEThe 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 OFFICERShall be defined as an individual possessing the necessary qualifications designated by a resolution of the Maplewood Township Committee.