Maplewood City Zoning Code
ARTICLE IX
Accessory Dwelling Units
§ 271-88 Zones.
Accessory dwelling units shall be allowed in the R-1-4, R-1-5, R-1-7, and R-2-4 Zones as a permitted use. Notwithstanding the foregoing, an ADU shall not be a permitted use on any property that has been designated as historic by the Historic Preservation Commission of the Township of Maplewood unless it complies with all of the requirements set forth herein and receives a certificate of appropriateness, as defined in Township Code § 271-76, from the Township Historic Preservation Commission.
§ 271-89 Definitions.
As used in this article, the following terms shall mean:
A group of interrelated rooms that:
Constitutes an entirely self-contained portion of a principal, one-family dwelling, or is located in an accessory building on the same lot as a principal, one-family dwelling;
Is owned by the owner of the principal, one-family dwelling;
Contains complete housekeeping facilities for only one family;
Has no cooking facilities, food preparation facilities, sanitary facilities or enclosed space in common with any other part of the building and which is located, except vestibules, entrances, porches, garages, or laundries, heating or air conditioning rooms or equipment; and
Complies with all building and fire codes.
That portion of a dwelling unit which is either completely below grade or whose height is at least one half below grade.
An individual designated as such by the Township.
A single unit providing complete independent living facilities for one or more persons living as a single housekeeping unit that includes provisions for living, sleeping, eating, cooking and sanitation.
An individual designated as such by the Township.
The sum of the gross horizontal areas of the residence's floors, excluding garage areas, existing accessory structures, and cellar floor areas. The gross horizontal areas shall be measured from the outside walls of the residence, without deducting for hallways, stairs, closets, thickness of walls, columns or other features.
A natural person only and not a corporation, partnership or other similar legally constructed entity.
The original living unit in the residence constituting the space on whose size the ADU was created.
The lot on which the existing one-family residence is sited.
An existing, detached one-family residence.
An individual designated as such by the Township.
§ 271-90 Conditions for approving accessory dwelling unit.
A.
One ADU shall be a permitted use in any residence or in any garage or accessory structure on the property lot located in the R-1-4, R-1-5, R-1-7 or R-2-4 Zone in the Township, if the Zoning Officer finds that the following conditions have been met:
(1)
The residence for which the permit is sought shall be a detached one-family residence.
(2)
Either the ADU or the primary dwelling unit shall be the domicile of the person(s) who own(s) the property lot.
(3)
The ADU shall be occupied as a residence by no more than three persons.
(4)
In no case shall the ADU be more than 40% of the living area of a principal dwelling unit, no more than 800 square feet, nor less than 300 square feet, nor have more than two bedrooms.
(5)
An ADU may not be situated or contained within a cellar.
(6)
The sanitary disposal system for the residence, either existing or as modified to accommodate the ADU, shall be inspected and approved by the Construction Official.
(8)
There shall be no more than one accessory dwelling unit per lot.
(9)
The accessory dwelling unit shall be used only for residential purposes for one family.
(10)
If the accessory dwelling unit is fully handicapped accessible under New Jersey's Barrier Free Sub Code, the property shall be granted an increase of 5% of the total maximum floor area allowed which can be applied either to the principal dwelling or to the accessory dwelling or both.
(11)
No balconies or decks shall be associated with an accessory dwelling unit.
(12)
An accessory dwelling unit that is attached to the principal single-family dwelling shall utilize the same exterior materials and colors as the principal single-family dwelling. The ADU shall preserve the physical housing stock and the architectural and landscaping character of residential neighborhoods.
(13)
There shall be no external entrance that faces a street and that is separate from any other external entrance to any building on the same lot facing the same street.
§ 271-91 Application for designation of proposed accessory dwelling unit as conditional use.
A.
An accessory dwelling unit (ADU) may not be created until the Zoning Officer determines that it meets the following requirements for designation:
(1)
The applicant for an ADU must fill out an application for a zoning review on a form prescribed by the Township Zoning Division in the Department of Community Development. The application shall include pertinent data such as the names and addresses of the owners, and an identification, by street number and lot and block designation, of the residence involved.
(2)
The application shall be accompanied by a current survey of the property, prepared by a licensed engineer or land surveyor, depicting the boundaries of the lot and all existing structures and improvements on the property.
(3)
The application shall also be accompanied by a proposed floor plan which shall be drawn by a licensed architect or engineer, if reasonably required by the Construction Official, depicting all proposed interior and exterior changes to the residence and ADU, including the relation of the ADU to the primary dwelling unit, the location of any proposed additional exterior doors, and any proposed modifications to the existing sanitary disposal system. All proposed changes and/or additions must comply with the Uniform Construction Code (UCC).[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
(4)
Within 10 business days of when the application for an ADU is complete, the Zoning Officer shall schedule a meeting with the applicant. Within 10 business days of the meeting with the applicant, the Zoning Officer shall render a final decision and notify the applicant by regular mail and email whether the proposed ADU may be deemed permitted.
§ 271-92 Commencement of construction of ADU after its permit is issued.
A.
If the Zoning Officer approves the proposed ADU, the applicant must commence construction within 120 days of the Zoning Officer's determination, or the Zoning Officer may revoke the permit.
B.
If the Zoning Officer denies the proposed ADU, the applicant may appeal the decision of the Zoning Officer to the Township Zoning Board of Adjustment within 45 days of the receipt of the denial from the Zoning Officer. Thereafter, the appeal shall be deemed untimely.
C.
An applicant unable to commence construction of an ADU within 120 days of the Zoning Officer's determination may appeal to the Zoning Officer for an extension of the designation in excess of 120 days for good cause shown.
D.
Construction of the ADU must be completed within 180 days of the issuance of the ADU permit. The Construction Official may grant reasonable extensions based upon extraordinary circumstances.
§ 271-93 Owner's annual affidavit of continued compliance.
A.
On or before January 1 of every year, starting with the first January following the issuance of the initial certificate of occupancy for an ADU, the property owner to whom the certificate of occupancy was issued shall file a sworn affidavit in the form prescribed by the Township Department of Community Development, stating that there has been no change in the conditions upon which the ADU was originally approved and that the owner resides in either the primary residence or the ADU.
B.
If the owner of the property lot fails to file any affidavit as herein required, the certificate of occupancy issued for the ADU shall automatically be revoked within 20 days, and the Construction Official shall so notify the lot owner, in writing, of the revocation. The failure to file the required affidavit shall result in a fine of $500.
C.
Any continued occupancy of the ADU following notice of revocation of the certificate of occupancy shall subject the owner of the property lot to a fine of $500 for the first 30 days in which the ADU continues to be occupied. Thereafter, the fine shall be $500 per day for each day that the ADU continues to be occupied.
§ 271-94 Construction of ADU.
A.
The applicant constructing an approved ADU must comply with all existing procedures established by the Construction Division in the Department of Community Development regarding applications, permits, fees, and inspections, except that the applicant must schedule a final inspection with the Construction Official and the Fire Official within 20 days of when construction of the ADU is complete.
B.
The Construction Official and Fire Official shall conduct a physical inspection of the primary dwelling unit and the ADU to determine whether the construction complies with the terms on which the approval was given. If the Construction Official and Fire Official determine that the construction complies with Township ordinances and the Uniform Construction Code,[1] (s)he shall issue a certificate of occupancy for the ADU upon the payment of a fee of $100.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
§ 271-95 Transfer of property lot.
A.
If the owner of a property lot in which an ADU is permitted transfers title to the property lot, the new owner shall apply, as herein, for a certificate of continued use of the ADU upon the terms and conditions contained herein. Such new application shall be filed within 60 days of the transfer of the property.
B.
Upon the Construction Official determining that there have been no changes in condition, the Construction Official shall issue a new certificate of continued use for the ADU upon the payment of a fee of $100.
C.
An ADU may not be sold independently of the primary residence.
D.
When listing the property for sale with an approved ADU, the owner of the property shall disclose to all prospective buyers that the property contains an approved ADU. The Township shall confirm same on the certificate of continued use.
§ 271-96 Inspections.
The Construction Official and Fire Official shall have the right to conduct inspections to determine compliance with the provisions of this article.
§ 271-97 Law applicable.
The New Jersey Law Against Discrimination shall apply to this article and to all ADUs within the Township of Maplewood.
§ 271-98 Violations and penalties.
The creation, maintenance or occupancy of any ADU other than in accordance with the provisions of this article shall constitute a violation of this article and shall be punishable to the property owner by a fine of $500 per day.