Maywood City Zoning Code
PART 2
Zoning
§ 209-23 Title: purpose; construal.
A.
Title. This Part 2 shall be known and may be cited as the "Municipal Zoning Ordinance of the Borough of Maywood." hereinafter referred to as "this Part 2."
B.
Purpose. In the interpretation and application of the provisions of this Part 2, they shall be read and construed in conjunction with the Master Plan for the Borough of Maywood, Bergen County. New Jersey, dated 1983, and consistent with the letter and intent of the Municipal Land Use Law, Chapter 291 of the Laws of 1975.[1] and they shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals and general welfare, together with the incorporation of certain specific portions of the implementation of the land use element of the Master Plan as set forth therein. Among other purposes, such provisions are intended to provide for adequate light, air and the convenience of access; to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to avoid undue concentration of population by regulating and limiting the use of land and the height of bulk construction of buildings wherever erected: to limit and determine the size of yards, courts and other open spaces; to regulate the density of residential and commercial population: and with all reasonable consideration to the character of the district and the Master Plan and their peculiar suitability for particular uses and with a view toward conserving the value of property and encouraging the most appropriate use of land throughout the Borough.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C.
Scope: construction.
(1)
It is the intent of this Part 2 to repeal, abrogate and annul any existing ordinances which are specifically or impliedly repealed by this Part 2. It is not intended to repeal, abrogate or annul any private restrictions placed upon property by covenant, deed or other private agreement unless the same are repugnant hereto. Where this Part 2 imposes a greater restriction upon the use of buildings or premises or upon the dimensions of buildings or lots than is imposed or required by existing provisions of laws, ordinances or rules, the provisions of this Part 2 shall control.
(2)
The provisions of this Part 2 shall be construed in harmony with the Master Plan of the Borough of Maywood, except where in conflict therewith, in which case this Part 2 shall control, and further, this Part 2 shall be construed to effect the purposes contained in the Municipal Land Use Law, Chapter 291 of the Laws of 1975.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 209-24 Limiting schedules; zoning map.
A.
Limiting schedules. The limiting and setback schedule entitled "Limiting Schedule — Borough of Maywood February 1979," marked "Schedule A-1," and the Limiting Schedule for Accessory Buildings in All Districts, marked "Schedule A-2," which accompany this Part 2, are annexed hereto and hereby made a part hereof.[1]
[1]
Editor's Note: Schedules A-1 and A-2 are included as attachments to this chapter.
B.
Zoning Map. The Zoning Map prepared by Neglia Engineering Associates, dated March 14, 2014, and the existing zone descriptions contained therein of the Borough and made a part hereof and designated "Schedule B-2," together with all explanatory matter, are hereby declared to be a part hereof, and the zones so designated on such map are hereby declared to be a part hereof.[2]
[Amended 11-14-1989 by Ord. No. 8-89; 12-23-2014 by Ord. No. 14-14]
[2]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume. The zone descriptions designated as Schedule B-2 are included as attachments to of this chapter.
§ 209-25 Word usage and definitions.
A.
Word usage.
(1)
Unless the context clearly indicates the contrary, words used in the present tense include the future; the singular number includes the plural, and the plural singular.
(2)
The word "shall" is mandatory and not directive. The word "may" is permissive.
(3)
The word "structure" includes the word "building."
(4)
The word "use" and the word "used" refer to any purposes for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.
B. ABUT ACCESSORY BUILDING ACCESSORY USE ADJOIN ADULT ARCADE ADULT NOVELTY STORE ALTERATION OF BUILDING AMATEUR RADIO STATION AMATEUR RADIO ANTENNA AMATEUR RADIO ANTENNA SUPPORT STRUCTURE ANTENNA ANTENNA STRUCTURE APPROVING AUTHORITY AREA ASSEMBLY, PLACE OF BILLBOARD BOARDING- OR LODGING HOUSE BOARD OF ADJUSTMENT BUILDING BUILDING AREA BUILDING COVERAGE BUSINESS CARPORT CELLAR/BASEMENT CERTIFICATE OF OCCUPANCY DUMP DWELLING UNIT EQUIPMENT SHELTER OR CABINET ERECT FACILITY FOR THE GROWING, SALE AND/OR DISPENSATION OF MARIJUANA FAMILY FILLING STATION FLOOR AREA FLOOR AREA RATIO (FAR) GARAGE, PRIVATE GARAGE, PUBLIC HEIGHT HOME CHILD CARE HOME PROFESSIONAL OFFICE(1) (2) (3) (4) HOSPITAL HOTEL IMPERVIOUS MATERIALS INDUSTRY/MANUFACTURING JUNKYARD LOT LOT AREA LOT, CORNER LOT COVERAGE LOT LINE LOT, WIDTH OF MAIN OR PRINCIPAL USE OR PRINCIPAL BUILDING MONOPOLE MUNICIPAL RESIDENT NONCOMMERCIAL TRUCK NONCONFORMING LOT NONCONFORMING STRUCTURE NONCONFORMING USE NONPASSENGER VEHICLE NUDITY or STATE OF NUDITY NURSING HOME OFFICIAL VEHICLE OFF-PREMISES ADVERTISING SIGN OFF-SITE OFF-TRACT ON-SITE ON-TRACT OWNER(1) (2) PARKING AREA PARKING SPACE PASSENGER VEHICLE PLACE OF ASSEMBLY PRIVATE SWIMMING POOLS PROFESSIONAL OFFICE RECREATIONAL VEHICLE(1) (2) (3) (4) (5) RELIGIOUS INSTITUTION RESTAURANT ROOFLINE SALES, GARAGE, YARD, ETC. SERVICE STATION SEXUALLY ORIENTED BUSINESS SHED SIGNAGE SPECIFIED ANATOMICAL AREAS [Added 6-25-1996 by Ord. No. 3-96] SPECIFIED SEXUAL ACTIVITIES [Added 6-25-1996 by Ord. No. 3-96] STORY STORY, HALF STREET STREET LINE STRUCTURE TATTOO/BODY PIERCING PARLOR TELECOMMUNICATIONS FACILITIES TOBACCO/NICOTINE/HOOKAH/ELECTRONIC SMOKING DEVICE RETAIL ESTABLISHMENTS TOWER TOWNHOUSE TRADE TRAILER CAMP USED CAR LOT YARDS(1) (2) (3)
For the purpose of this Part 2, all definitions in the Municipal Land Use Law, Chapter 291 of the Laws of 1975, Article I, N.J.S.A. 40:55D-3 through 40:55D-7, shall be included in this Part 2, Also for the purpose of this Part 2, certain words and terms are herewith defined and shall be construed as follows:
Immediately adjacent, contiguous or not separated by any space.
A detached subordinate building or structure on the same lot with a main building occupied or devoted exclusively to an accessory use and under the same ownership or control. Semi-permanent, prefabricated buildings not exceeding 100 square feet in area shall be included in this definition.
[Amended 3-8-2016 by Ord. No. 5-16]
That use naturally and normally incident to and subordinate to the primary function of the premises.
See "abut."
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices or viewing booths are maintained to show images or display live performances distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
[Added 6-25-1996 by Ord. No. 3-96]
A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, excluding contraceptive and prophylactic devices.
[Added 6-25-1996 by Ord. No. 3-96]
Any change in supporting members of a building, any addition to or diminution of a building or change in use from that one district classification to another, any conversion of a building or a part thereof or removal of a building from one location to another.
A radio station operated by a person under license by the Federal Communications Commission (FCC) solely with a personal aim and without pecuniary interest.
[Added 2-25-1997 by Ord. No. 4-97]
The arrangement of wires or metal rods used in the sending and receiving of electromagnetic waves in the operation of an amateur radio station.
[Added 2-25-1997 by Ord. No. 4-97]
Any structure, mast, pole, tripod or tower utilized for the purpose of supporting an antenna used in the operation of an amateur radio station.
[Added 2-25-1997 by Ord. No. 4-97]
A device used for communication by which electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunication signals or other communication signals are radiated or received, excluding television reception or satellite receiving dishes.
[Added 11-18-2004 by Ord. No. 25-04]
A structure used to mount antennas as part of a telecommunications facility.
[Added 11-18-2004 by Ord. No. 25-04]
The surface measure on a horizontal plane.
The place or location where 30 or more people meet together.
See "off-premises advertising signs."
[Amended 5-21-2009 by Ord. No. 7-09]
Any building, together with any related structure, accessory building, any land appurtenant thereto and any part thereof, which contains two or more units of dwelling space arranged or intended for single-room occupancy, regardless of whether personal or financial services are provided to the residents thereof, including but not necessarily limited to any facility regulated pursuant to the provisions of the Rooming and Boarding House Act of 1979, N.J.S.A. 55:13B-1 et seq., or in which more than two persons are lodged or boarded for remuneration. For the purposes of this definition, the terms "financial services," "personal services," "single-room occupancy" and "unit of dwelling space" shall have the meanings provided in Section 3 of said Act (N.J.S.A. 55:13B-3).
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
The maximum horizontal projected area and its accessories; roofed-over porches or similar extensions of a building shall be considered parts of the building. Any eave or similar projection in excess of four inches shall be considered as part of the building in the computation of side yards and land area coverage.
The percentage of the lot or plot area occupied by the building area.[3]
Any professional mercantile or service activity, pursuit, occupation or employment conducted for compensation, either at wholesale or retail.
The covered or roofed portion of the driveway or covered or roofed open-sided structure adjacent to the driveway or garage.
A cellar/basement shall be defined as set forth in § 201-7E(1) of the Code.
[Added 3-8-2016 by Ord. No. 5-16]
A lot, parcel of land or any part thereof used primarily for the disposal, by abandonment, burial, burning or other means, for whatever purpose, of garbage, ashes, refuse, offal, sewage, trash, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
A building or portion thereof designed for and occupied exclusively by one family and used for living, sleeping, eating, cooking and sanitation purposes, excluding motels, hotels, tourist cabins, trailers, mobile homes and trailer courts. A building containing more than one dwelling unit or which is designed in such a way as to have two or more independent facilities for living, sleeping, eating, cooking and sanitation purposes separated by partitions, stairways or doorways or having separate entrances or capable of easily being converted into two or more such independent facilities through the erection of a partition, stairway, doorway or entrance shall not constitute a building designed for one-family use.
A structure containing equipment designed to be used as part of a telecommunications facility.
[Added 11-18-2004 by Ord. No. 25-04]
To construct, make, build, alter, remodel or create, including the moving, removing and assembling of any structure or part thereof.
Any location at which the growing, sale and/or dispensation of marijuana, medical or otherwise, is permitted in accordance with the proper state, county and/or local licensing.
[Added 4-24-2018 by Ord. No. 3-18]
One or more persons living together in a dwelling unit on a nontransitory basis as a single housekeeping unit, sharing living, sleeping, cooking and sanitary facilities on a nonprofit or nonremunerative basis.
See "service station."
The aggregate area, expressed in square feet, of all floors, using the outside wall dimensions of all buildings, including the basement area, but excluding the area of the basement used for mechanical equipment, such as heating or ventilating apparatus, and which is not otherwise devoted to the principal use of the building or areas devoted to interior off-street parking, including parking spaces, aisles, ramps and maneuvering space.
[Added 5-8-2008 by Ord. No. 14-08]
The percentage of the sum of the floor area of all buildings on a lot compared to the total area, expressed in square feet, of the lot or site on which such buildings are located.
[Added 5-8-2008 by Ord. No. 14-08]
An accessory building or part of the main building for the storage of not more than three motor vehicles not used in any way as a place of business.
A building devoted to the business of repairing, storing, selling and servicing motor vehicles.
The vertical distance of a building measured from the top of the highest point of a structure to the average finished grade taken six feet from the building foundation at the midpoint of each building wall and at a point measured diagonally at 45° from each corner. Where new grades are proposed, any new grade shall not exceed one foot six inches above the existing grade.
[Added 2-25-1997 by Ord. No. 4-97; amended 3-8-2016 by Ord. No. 5-16]
The temporary residential care of children under the age of 18 years, other than family members, during the absence of such children's parents or guardians.
A professional office located within a dwelling and which is conducted by the resident thereof, subject to the following restrictions and limitations:
Not more than two persons at work on the premises at any one time, in addition to the resident professional, may be employed.
A home professional office shall be in the principal building and shall not occupy more than the equivalent of 1/2 of the floor area of the first floor of said building or 750 square feet, whichever is less.
A home professional office shall not include the purchase or the sale of goods kept or displayed on the premises.
A building used for the diagnosis, treatment or other care of human ailments, unless otherwise specified. A "hospital" shall be deemed to include a sanatorium, a clinic, a convalescent home, a nursing home, a rest home or other building with equivalent characteristics.
A facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms and entertainment.
[Amended 6-27-2000 by Ord. No. 9-00]
Buildings, structures, concrete, asphalt, brick, pavers, flagstone and other paved surfaces.
[Added 5-8-2008 by Ord. No. 14-08]
The conversion of raw, semi-finished or finished materials into the product of another character, form, use or finish.
A lot, parcel of land or structure or part thereof used primarily for the collecting, storage and/or sale of wastepaper, rags, scrap metal or other scrap or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
The total horizontal area included within the lot lines.
A lot at the junction of and having frontage on two or more intersecting streets.
The area of a lot covered by the buildings, garage areas, swimming pools (and surrounding decking), porches, decks, cabanas, sheds, gazebos, and/or any other accessory buildings.
[Added 5-8-2008 by Ord. No. 14-08; amended 5-19-2011 by Ord. No. 3-11]
Any boundary line of a lot.
The width of the lot at the setback line.
The principal or most important use or principal building on a lot.
An antenna structure consisting of a single pole.
[Added 11-18-2004 by Ord. No. 25-04]
A person who is domiciled in the municipality.
[Added 4-25-2001 by Ord. No. 13-01]
Any pickup truck or van designed primarily for the transportation of property which is not used as a commercial motor vehicle; it does not contain any advertising, signs, lettering, names or addresses on its exterior, other than the name or trademark of the manufacturer or the dealer selling the vehicle. Any pickup truck or van, either registered with commercial plates or used for commercial purposes or used for hire on any occasion, shall not constitute a noncommercial truck.
[Added 8-13-1991 by Ord. No. 19-91]
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
Any vehicle which does not come within the definition of noncommercial truck, official vehicle, passenger vehicle or recreational vehicle, as defined herein. A nonpassenger vehicle shall include a bus, limousine, taxicab, truck, trailer, recreational vehicle, pickup truck, van or other type of vehicle which is used for commercial purposes.
[Amended 8-13-1991 by Ord. No. 19-91]
The appearance of a human bare buttock, anus, male genitals, female genitals or areola of the female breast.
[Added 6-25-1996 by Ord. No. 3-96]
A facility providing therein nursing care to sick, invalid, infirm, disabled, or convalescent persons, in addition to lodging and board or health-related service, or any combination of the foregoing, and in addition thereto, providing nursing care and health-related service, or either of them, to persons who are not occupants of the facility, but not including facilities for surgical care or institutions for the care and treatment of mental illness, alcoholism, or narcotics addiction.
[Added 3-27-2002 by Ord. No. 4-02]
Any vehicle owned or operated by any federal, state or municipal government, a governmental agency or public utility (which is being parked or stored during the course of official use).
[Added 8-13-1991 by Ord. No. 19-91]
A sign, on which any advertisement or message is displayed, which directs attention to a business, commodity, service, activity or entertainment which is not conducted, sold, performed or offered on the premises upon which the sign is located.
[Added 5-21-2009 by Ord. No. 7-09]
Located outside the lot lines of the lot in question but within the property of which the lot is a part, which is the subject of a development application or the closest half of the street or right-of-way abutting the property of which the lot is a part.
[Added 4-25-2001 by Ord. No. 13-01]
Not located on the property which is the subject of a development application nor on the closest half of the abutting street or right-of-way.
[Added 4-25-2001 by Ord. No. 13-01]
Located on the lot in question and excluding any abutting street or right-of-way.
Located on the property which is the subject of a development application or on the closest half of an abutting street or right-of-way.
[Added 4-25-2001 by Ord. No. 13-01]
Any person, firm, association, partnership or corporation owning or controlling property, and including duly authorized agents or attorneys.
COMMON OWNERSHIPOwnership by one person or by two or more persons owning property jointly, by the entirety or in common, of two or more contiguous parcels of real property.
SINGLE OWNERSHIPOwnership by one person or by two or more persons owning property jointly, by the entirety or in common, of a separate parcel of real property not adjacent to land in the same ownership.
A lot or parcel or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or other compensation.
A stall or berth 9 feet by 18 feet, exclusive of access means, which space is arranged and intended for the parking of one motor vehicle. There shall be adequate provisions for ingress and egress to all parking spaces.
Any automobile designed and used primarily for the transportation of passengers or any motorcycle used primarily for the transportation of passengers, which does not come within the definition of nonpassenger vehicle.
[Amended 8-13-1991 by Ord. No. 19-91]
See "assembly, place of."
Any structure that contains water over 24 inches in depth and which is used, or intended to be used, for swimming or recreational bathing as an accessory use to a residential use, including both in-ground and aboveground swimming pools.
[Added 5-8-2008 by Ord. No. 14-08]
An office used exclusively for the practice of the professions of medicine, optometry, psychiatry, psychology, family counseling, veterinary medicine, dentistry, architecture, law, accounting, engineering, planning or land surveying. A "professional office" shall not include a biological or other medical testing laboratory except that which is necessary and incidental to the primary professional office use. In addition, there shall be no overnight facilities for the hospitalization, counseling or care of persons or animals.
A transportation structure, self-propelled or capable of being towed by a passenger car, station wagon or pickup or panel truck of such size and weight not to require any special highway movement permits and primarily designed or constructed to provide temporary, movable living quarters for recreational, camping or travel use, limited to the following:
Travel trailers or fifth-wheel trailers, which are defined as portable structures built on a chassis with wheels as an integral part to make them mobile and intended to be towed by passenger cars, station wagons, pickup or panel trucks, but not including truck tractors of any type.
Camping trailers, the walls of which are so constructed as to be collapsible and made of either canvas or similar cloth or rigid material such as fiberglass, plaster or metal. Camping trailers are mounted on wheels and designed for travel and recreational use.
Pickup campers or truck caps which are designed, constructed or used as temporary movable living quarters.
[Amended 8-13-1991 by Ord. No. 19-91]
Motor homes which are constructed on a truck or motorvan chassis and incapable of being separated therefrom.
A boat trailer, which is a vehicle on which a boat may be transported and which is towable by a passenger car, station wagon, pickup or panel truck or mobile home.
A structure or place in which worship, ceremonies, rituals and education pertaining to a particular system of beliefs are held.
[Added 3-8-2016 by Ord. No. 5-16]
An establishment where food and beverages are prepared, served, and consumed.
[Added 3-19-2009 by Ord. No. 4-09]
On a flat roof; the level of the roof deck, and on a pitched roof, the average elevation between the eave and peak.
[Added 11-18-2004 by Ord. No. 25-04]
The offering for sale of any merchandise in the A-1, A-2 and GA Zones.
An establishment devoted primarily to the business of repairing, servicing, washing and reconditioning motor vehicles.
An adult arcade or adult novelty store.
[Added 6-25-1996 by Ord. No. 3-96]
A shed shall be defined as a structure measuring no more than 100 square feet in area, which is utilized to store equipment and other similar items. A shed shall not be permitted to contain any heating or plumbing.
[Added 3-8-2016 by Ord. No. 5-16]
The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
Includes any of the following:
That part of a building between the upper surface of one floor and the upper surface of the floor next above or between the top floor and ceiling or flat roof. In the case of a building having a sloping roof, if the line of intersection of the sloped ceiling and the wall face is more than three feet above the floor level or if the floor area with head room of more than five feet occupies more than 60% of the total floor area of the story directly beneath it, it shall constitute a story.
[Amended 5-8-2008 by Ord. No. 14-08; amended 3-8-2016 by Ord. No. 5-16]
A space under a sloping roof with stairway access that is intended to remain vacant or to be utilized for residential occupancy, storage or location of equipment or utilities related to the overall usage of the structure, which has the line of intersection of the roof and wall face not more than three feet above the floor level, and in which space the possible floor area with headroom of five feet or less occupies not less than 40% or more than 60% of the total floor area of the story directly beneath.
[Added 5-8-2008 by Ord. No. 14-08; 3-8-2016 by Ord. No. 5-16]
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is approved by official action as provided by this Part 2 or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
The dividing line between a street and a lot; the line marking the bounds of the public right-of-way.
A combination of materials to form a construction for occupancy or use or ornamentation, whether installed on, above or below the surface of a parcel of land.
[Amended 12-14-1999 by Ord. No. 30-99]
An establishment in which people receive permanent decorative tattoos from a tattoo artist and/or body piercing and the business of tattooing and/or body piercing is carried out professionally and in accordance with the proper state and local licensing.
[Added 4-24-2018 by Ord. No. 3-18]
All structures, including antennas, monopoles, towers, equipment shelters or cabinets and equipment, used for the transmission and reception of wave frequencies for the purpose of any wireless communications.
[Added 11-18-2004 by Ord. No. 25-04]
An establishment which is required to be registered with the State of New Jersey as an establishment for same and/or pursuant to the New Jersey Smoke Free Air Act and/or any establishment whose retail business sales are at least 51% from the sale of tobacco products and/or nicotine products, including any electronic smoking device and/or hookah products and/or electronic smoking devices, along with accessories for all the before-mentioned products, and in which the sale of other products is merely incidental.
[Added 4-24-2018 by Ord. No. 3-18]
An antenna structure consisting of a lattice structure or frame.
[Added 11-18-2004 bu Ord. No. 25-04]
A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit one or more vertical common fire-resistant walls.
[Added 11-2-2006 by Ord. No. 18-06]
See "business."
Any lot, yard, open space or area devoted to the business of parking thereon, for consideration, of temporary or mobile housing or dwelling accommodations, being vehicles commonly known as "automobile trailers."
Any place out-of-doors where two or more motor vehicles are displayed or offered for sale.
FRONT YARDAn open, unoccupied space on the same lot with a building situated between the front line of the lot and the nearest part of the building and extending from one side line of the lot to the other. The front yard of a corner lot, as defined herein, shall be that portion of the property that is adjacent to the street that is listed as the mailing address of the property. A property owner or applicant shall not be permitted to circumvent the application of the Municipal Land Use Law and the jurisdiction of the Borough Planning Board by changing the mailing address of the property in order to avoid the need for approval of a variance or any other relief from the Borough Planning Board.
[Amended 3-8-2016 by Ord. No. 5-16]
REAR YARDA space on the same lot with a building situated between the rear line of the lot and the building and extending from one side line of the lot to the other, its depth being measured at right angles to the rear line.
SIDE YARDA space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.
[Added 5-19-2011 by Ord. No. 3-11]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: See N.J.S.A. 40:55D.69. The duties of the Board of Adjustment have been assumed by the Planning Board in accordance with Ord. No. 1-96, adopted 2-13-1996.
[3]
Editor’s Note: The former definition of “building height,” which immediately followed this definition, was repealed 3-8-2016 by Ord. No. 5-16.
§ 209-26 Establishment of zone districts; boundaries.
A.
Zone districts. For the purpose of promoting the public health, safety, morals and general welfare of the community, the Borough is hereby divided into the following zone districts:
A-1 — Residential One-Family District |
A-2 — Residential Two-Family District |
PC — Professional and Commercial Office District |
RC — Restricted Commercial Business District |
GA — Garden Apartment District |
HDO — High Density Office Zoning District [Added 10-16-2008 by Ord. No. 18-08] |
LL — Limited Light Industrial District |
SOB — Sexually Oriented Business Overlay District [Added 6-25-1996 by Ord. No. 3-96] |
SP — Special District for Senior Citizen Housing |
OR — Office-Retail Mixed Use District [Added 5-5-2005 by Ord. No. 4-05] |
TH — Townhouse Use District [Added 11-2-2006 by Ord. No. 18-06] |
THO — Townhouse Use Overlay District [Added 11-2-2006 by Ord. No. 18-06] |
B.
Boundaries of districts; Zoning Map. The districts are bounded and defined as shown on a map entitled "Zoning Map of the Borough of Maywood," which accompanies and which, together with all explanatory matter thereon, has heretofore been made a part of this Part 2.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
§ 209-27 Preservation of natural features.
In the construction of any building or in the utilization of any land for any purpose allowed in any district, the owner shall preserve, wherever possible, all natural vegetation, including but not limited to trees and shrubbery.
§ 209-28 Conformance required; exemptions.
[Amended 7-29-1997 by Ord. No. 15-97[1]]
A.
Except as otherwise provided herein, within any designated zoning district, no buildings or other areas shall be used, in whole or in part, and no buildings shall be erected, altered, remodeled or used except for the purpose or purposes set forth in this Part 2. All such structures and uses shall be in conformance with the requirements of the limiting schedules attached to this Part 2 as Schedule A.[2] In no zone may a structure be built which would normally be approved by Schedule A in a higher graded zone.
[2]
Editor's Note: Schedules A-1 and A-2 are included at the end of this chapter.
B.
Notwithstanding any other provision of this Part 2, variance or zoning approval shall not be required for any acquisition or sale of land by the Borough of Maywood or for any development undertaken by the Borough of Maywood on lands owned, leased or to be owned or leased by the Borough of Maywood, provided that such acquisition, sale or development is authorized by resolution or ordinance adopted by the Mayor or Council.
C.
Except as otherwise provided, the Mayor and Council may refer any proposal for acquisition, sale or development to the municipal agency for its review, comments and recommendations prior to effecting such acquisition or sale or commencing construction of such development. This referral may be waived at the discretion of the Mayor and Council. Upon such referral, the municipal agency shall review and evaluate the same and apply the same criteria thereto as if such acquisition, sale or development did, in fact, require variance or zoning approval. Such review, however, shall be advisory only, and under no circumstances shall the approval of the municipal agency be required.
[1]
Editor's Note: Resolution No. 91B-97, adopted 7-29-1997, sets forth supporting reasons for the adoption of Ord. No. 15-97.
§ 209-29 Dwellings prohibited in certain districts.
Dwellings, as defined herein, are specifically prohibited in the RC, LL and PC Districts.
§ 209-30 Certificates of occupancy.
A.
No new or altered building shall be occupied after a building permit has been issued unless a certificate of occupancy has been issued by the Construction Official.
B.
In all districts, a certificate of continued occupancy must be issued if the use of any building or structure is changed. A certificate of continued occupancy is required if a change of occupancy occurs in any dwelling unit or nonresidential unit, as set forth in Chapter 141 of this Code. In all other instances, certificates of continued occupancy shall be required and issued in conformance with P.L. 1975, c. 217, and Maywood Borough Ordinance No. 7.29, entitled "An Ordinance Establishing an Enforcing Agency for the Administration and Enforcement of the State Uniform Construction Code."[1]
[Amended 7-13-1993 by Ord. No. 18-93]
C.
Prior to the issuance of any certificate of occupancy, any and all conditions contained in the building permit must have been complied with.
D.
In the event that any provisions are made a condition of the issuance of certificate of occupancy, said conditions shall be made part of the certificate of occupancy.
§ 209-31 Impervious materials.
Within either the A-1 or A-2 Residential Districts, no more than 40% of the front, side and rear yards shall be covered with impervious materials or stone nor shall more than 65% of any lot be covered with impervious materials or stone nor shall more than 50% of the front yard be covered with impervious materials.
§ 209-31.1 Fences.
[Added 12-19-2000 by Ord. No. 20-00]
The following requirements and restrictions shall apply to all fences and enclosures:
A.
No fence or other manmade enclosure shall exceed six feet in height at any point, as measured from existing ground levels. In the case of commercial property that abuts a residential property, no fence or other manmade enclosure shall exceed seven feet in height except along the property line common to the residence, where the six-foot limit shall apply.
B.
No fence or enclosure shall exceed the height of three feet six inches on any portion of the front setback, as measured by a line extending from the front face of the prime structure to each side property line. Any property in question that borders on two streets, commonly known as a "corner property," shall also have the restriction of three feet six inches as to the front setback, and, in addition, such restriction shall be applied to the streetside setback up to a line extending from the rear face of the prime structure to the streetside property line.
C.
No fence or other enclosure shall erected closer than 10 feet to the curbline of the property.
D.
All fences shall be installed or erected as close to the ground as possible. The total height of the fence may exceed six feet where otherwise permissible to conform to existing ground heights; provided, however, that 80% of the fence does not exceed the maximum height of six feet.
E.
Fences must be constructed with the face or finished side away from the property and the structural side toward the interior of the property.
F.
Fences or other manmade enclosures shall be installed no closer than three inches to the property line. Living fences or screens shall be planted no closer than 12 inches to the property line. These provisions can be amended by the application submitted and agreement by both adjoining property owners to construct the fence, man-made or living, closer to or upon the common property line.
G.
Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be dammed so as to create ponding.
H.
Fences or other enclosures shall be maintained in such a manner as to assure the structural integrity of the fence, to prevent all or portions of the fence from encroaching over the property line of adjoining owners, and shall be further maintained so as to prohibit an unsightly appearance to adjoining property owners. "Unsightly appearance" shall include the following:
(1)
Living fences that are not neatly trimmed so as to prevent leaves, branches or trunks from extending beyond the height limitations imposed under this chapter.
(2)
Living fences that are not neatly trimmed so as to prevent leaves, branches or trunks from growing beyond the property line over to the adjoining properties.
(3)
Painted fences or other enclosures whereon paint has chipped or peeled from more than 25% of the surface area of the fence.
(4)
Fenceposts which have become loosened or which were installed in such a manner as to be leaning more than 15° from the fence line.
(5)
In the case of picket fences, where more than 10% of the pickets have fallen, been removed or rotted in any given ten-linear-foot section of such fence.
(6)
In the case of slatted or other solid-wall fences, where more than 10% of the surface of the fence has been removed, fallen or rotted in any given ten-linear-foot section of such fence.
I.
The following fences and fence materials are specifically prohibited: barbed wire, pointed iron slats or pickets, canvas, cloth, fiberglass, poultry netting, electrically charged fences, temporary fences such as snow fences, except where necessary for active construction, and collapsible fences, except during active construction.
J.
No fence shall be erected in such a manner so as to interfere with the public right-of-way or interfere with the visibility of vehicular and pedestrian traffic proceeding along any public right-of-way.
K.
Masonry walls or enclosures shall not exceed three feet six inches in height along any property line.
L.
In the case of commercial property that abuts residential property, if cyclone fence construction is used along the common property line, the fence shall also include privacy slats inserted therein.
§ 209-31.2 Telecommunications facilities.
[Added 11-18-2004 by Ord. No. 25-04]
A.
Purpose. To provide zoning conditions and standards for the regulation of the location, placement, construction or modification of telecommunication facilities within the Borough of Maywood so as to:
(1)
Not unreasonably discriminate among providers of functionally equivalent services;
(2)
Not prohibit or have the effect of prohibiting the provision of personal wireless services within the Borough of Maywood;
(3)
Safeguard the public good;
(5)
Provide adequate protection of the visual environment of residential and commercial areas within the Borough of Maywood;
(7)
Encourage the location or colocation of antennas on existing buildings whenever reasonably possible or, if not reasonably possible, colocation of antennas upon antenna structures, discourage the construction of new antenna structures which do not have the likelihood of being used by a number of wireless telecommunication carriers and minimize the total number of wireless telecommunications facilities within the Borough of Maywood.
B.
Applicability. The provisions of this section shall govern the construction, installation or modification of all telecommunication facilities, including antennas, monopoles, towers and equipment shelters or cabinets, whether affixed to a building or to the ground except for:
(1)
Antennas that project less than five feet above the roofline of new or existing buildings;
(2)
Equipment shelters or cabinets that do not exceed 50 square feet in area and six feet in height either above grade or above the roofline of new or existing buildings;
(3)
Stations licensed by the Federal Communications Commission in the amateur radio service, citizens band radio service, public safety radio service or landmobile radio service but only to the extent such service is exempted from the provisions hereof pursuant to applicable federal law;
(4)
Parabolic satellite receiving antennas and radio and television reception antennas; and
(5)
Telecommunication facilities located upon properties utilized for municipal purposes.
C.
Conditional use and conditions. Telecommunication facilities are permitted as conditional uses within the following zoning districts and in accordance with the following conditions, restrictions and limitations:
(1)
Towers and monopoles are prohibited from all zoning districts except the LL Zoning District.
(2)
Antennas affixed to buildings are permitted in all zoning districts, provided that the building to which they are affixed exceeds four stories or 45 feet in height.
(3)
Height limitations.
(a)
At-grade antenna structures (e.g., monopoles and towers) may not exceed a height of 110 feet from grade.
(b)
Antennas affixed to buildings shall not exceed a height of 10 feet above the roofline.
(c)
Equipment shelters or cabinets shall not exceed a height of eight feet from grade or the roofline.
(4)
Setbacks.
(a)
At-grade antenna structures shall be set back from residential zoning districts a distance not less than the height of the antenna structure.
(b)
All antenna structures shall meet the yard setback requirements for the zoning district in which they are located and shall not encroach within any required planting or landscaped area.
(5)
Separation. The minimum distance between at-grade antenna structures shall be 500 feet.
(6)
As a further condition for a telecommunication facility, the applicant shall have the burden to affirmatively demonstrate that:
(a)
The area to be served by the telecommunication facility does not currently have industry-wide adequate wireless telecommunications service pursuant to the Federal Telecommunications Act and that the proposed location of the antennas, any antenna structures, or equipment shelters or cabinets, is necessary to remedy such deficiency and has been planned to result in the fewest number of antenna structures within the Borough of Maywood and the least possible detrimental impact upon the residential and commercial areas within the Borough of Maywood.
(b)
The applicant is licensed by the Federal Communications Commission to operate a telecommunications facility.
(c)
The telecommunications facility is in compliance with all applicable radio frequency (RF) emission standards.
(7)
Parking. At least one off-street parking shall be provided to provide maintenance at the site unless the reviewing agency determines that sufficient parking exists on the site of the telecommunications facility to meet this need.
D.
Site plan approval. All construction, installation or modification of telecommunication facilities require site plan approval. In addition to the requirements and criteria set forth in the Site Plan Review Ordinance of the Borough of Maywood (Part 3 hereof), telecommunication facilities shall comply with the design criteria set forth herein. Moreover, any application for site plan approval shall indicate the following:
(1)
The mapped location and written description of all existing antenna structures within one mile of the subject site;
(2)
The mapped location and written description of all existing buildings four stories or more or 45 feet in height or greater within one mile of the subject site;
(3)
How the proposed location of the proposed antenna(s) specifically relates to the suitability or unsuitability of such existing antenna structures or buildings to be utilized to provide the intended wireless communication;
(4)
How the proposed location of the proposed antenna(s) specifically relates to the anticipated need for additional antennas and supporting structures within and near the Borough of Maywood by the applicant and by other providers of wireless communication services within the Borough of Maywood;
(5)
How the proposed location of the proposed antenna(s) specifically relates to the overall objective to encourage the location or colocation of antennas on existing buildings whenever reasonably possible or, if not reasonably possible, colocation of antennas upon antenna structures, discourage the construction of new antenna structures which do not have the likelihood of being used by a number of wireless telecommunication carriers and minimize the total number of wireless telecommunications facilities within the Borough of Maywood; and
(6)
How the proposed location of the proposed antenna(s) specifically relates to the objective to provide adequate protection of the visual environment of residential and commercial areas within the Borough of Maywood.
E.
Design criteria.
(1)
Towers and monopoles shall be landscaped with evergreen trees capable of reaching 60 feet in height. The minimum planting size shall be determined by the municipal agency performing site plan review (hereinafter "Board") but shall be at least 12 feet in height at the time of planting. Other shrubbery or vegetative materials shall be determined by the Board based on the site location.
(2)
Towers and monopoles shall be fully enclosed in protective fencing consisting of eight-feet-high one-inch vinyl-clad chain link nonclimbable mesh which shall be fully screened by the required landscaping.
(3)
Rooftop antennas shall be designated in a manner that they create the least visual impact on the surrounding areas. No signage shall be permitted that is visible from the public right-of-way.
(4)
At-grade equipment shelters shall be subject to site plan approval by the Board and subject to appropriate landscape requirements based on the size and location of the equipment shelter. If located in visual proximity to a residential neighborhood, the entire shelter shall be screened. Facade review shall also be required. At-grade equipment shelters or cabinets shall use materials, textures and colors that, together with the required screening and landscaping, will cause it to blend into the surroundings.
(5)
Rooftop equipment shelters shall be subject to site plan approval by the Board and subject to appropriate screening requirements based on the size and location of the equipment shelter. Facade review shall be required. Rooftop equipment shelters shall use materials, textures and colors and sight lines that will cause it to blend into the surroundings.
(6)
Lighting shall be limited to that specifically required by the Federal Aviation Administration or otherwise required for public safety and shall be focused and shielded to the greatest extent possible so as not to create spillover to the public-right-of-way or adjoining or nearby properties.
(7)
No signage shall be permitted other than that required for public safety.
F.
Removal of abandoned/obsolete antennas and antenna structures.
(1)
Any telecommunications facility not used for its intended and approved purpose for a period of one year shall be considered no longer operative and shall be removed by the responsible party within 60 days thereof.
(2)
In addition to the regular application fee, the applicant (or landowner in the instance of leased property) shall provide a performance bond that will cause the antennas, any supporting antenna structure, associated equipment cabinets, any building enclosing associated equipment cabinets, and all other related improvements to the land to be removed, at no cost to the City, when the antennas are no longer operative. The amount of the performance bond shall not be less than 120% of the cost (as determined by the Borough Engineer at the time of application) of such demolition, removal, and restoration of the site to a state required under all applicable Borough of Maywood ordinances, including, but not limited to, the Maywood Property Maintenance Code.[2]
§ 209-31.3 Private swimming pools.
[Added 5-8-2008 by Ord. No. 14-08]
A.
No private swimming pool shall be constructed, installed or maintained in the front yard of any residential property.
B.
No private swimming pool shall be constructed or installed on any lot unless:
(2)
The inner face of the closest side pool wall shall not be located less than five feet from the rear lot line and any side lot line.
(3)
The inner face of the closest side pool wall shall not be located less than 15 feet from a dwelling or less than 10 feet from an accessory shed, garage or other such structure.
(4)
Where such residential property is a corner lot or where such private swimming pool is to be constructed, installed or maintained in a side yard, no such private swimming pool or any walkways, buildings, structures, equipment, fences or other appurtenances thereto shall be located less than the minimum depth of setback from any street line as established by the Zoning Ordinance of the Borough for front yards in the zone in which such residential property is located, and in no event shall said private swimming pool or any walkways, buildings, structures, equipment, fences or other appurtenances thereto have a front yard setback from any street line less than any existing building on said lot.
(5)
All pumps and filtration systems shall be located below ground or in an enclosed structure not to exceed eight feet in height, suitably screened from any adjacent property. No pump or filtration system nor enclosure therefor shall be located closer than five feet from any property line.
(6)
The private swimming pool shall only be for the private noncommercial use of the property owner's or tenant's family and guests.
§ 209-31.4 Aboveground storage tanks.
[Added 8-20-2009 by Ord. No. 14-09]
A.
No aboveground storage tank shall be constructed, replaced or installed except in accordance with the requirements of this section and without first obtaining a permit therefor.
B.
No aboveground storage tank shall exceed six feet in height at any point, as measured from existing ground level.
C.
No aboveground storage tank shall be constructed or installed within five feet of any property line nor within the front yard and required side yard and rear yard setbacks on any property.
D.
Any aboveground storage tank (including any tank enclosure, collection basin or tank cover used in connection therewith) shall be enclosed on all sides with either a wall or fencing (e.g., cyclone fence with slats installed, board on board, or similar fencing) designed to completely shield the aboveground storage tank from view and to comply with the requirements of § 209-31.1.
E.
All aboveground storage tanks shall be enclosed with a commercial tank enclosure applicable to the subject tank or must be constructed or installed with a collection basin in order to prevent spillage of any contents thereof which may occur through leaks, overflow, etc.
F.
Any aboveground storage tank which shall either no longer be in use or shall have been deactivated shall be removed within 60 days following cessation of use or deactivation.
G.
Issuance of permits.
(1)
Applications for permits for the construction or installation of an aboveground storage tank shall be submitted to the Construction Official for investigation and approval.
(2)
An application for a permit shall contain the following information:
(a)
A description of the aboveground storage tank to be placed on the private property;
(b)
A diagram drawn to scale showing the proposed location of the aboveground storage tank in relationship to surrounding curbs, streets, sidewalks, fire hydrants, driveways, walkways, principal buildings and structures, accessory structures, property lines, and such other features as may be required by the Construction Official upon the private property upon which the proposed aboveground storage tank will be placed and the adjoining properties thereto; and
(c)
The name, address, and phone number of the property owner and the person requesting the permit (if different from the owner).
(4)
Before approving a permit, the Construction Official shall determine whether said permit can be issued in accordance with the rules and regulations set forth herein and whether such permit can be issued without endangering the public's health, safety, or welfare.
H.
Penalty. Any person violating any provision of this section shall be subject to a fine of not less than $100 nor more than $1,000 or imprisonment for a term not in excess of 90 days, or both. A separate offense shall be committed on each day during or on which a violation occurs or continues.
§ 209-32 A-1 Residential one-family district.
A.
Primary intended use. The A-1 Residential One-Family District is designed for single-family dwelling units. Within this District, no building or land shall be used for any other than the uses hereinafter specified:
(1)
One building on each lot, containing not more than one dwelling unit.
(2)
Churches or other places of worship, church schools, public schools or other publicly owned and/or publicly operated facilities for education and/or recreation, provided that the street or streets upon which such building faces or abuts shall be at least 50 feet in width, including the right-of-way.
B.
Accessory uses. In this residential zone, no building or premises shall be used for any other than a use above specified and for those accessory uses customarily incident thereto. The term "accessory use" shall not include business. Such accessory uses may include:
(1)
A home professional office, as herein defined, as a conditional use subject to site plan approval.
(3)
Carports and driveways.
(4)
Private garages.
(5)
Only one accessory building.
(7)
Satellite dish antennas as a conditional use, subject to the following regulations and conditions:
(a)
Satellite dish antennas shall be limited to receiving signals and shall not transmit signals.
(b)
Satellite dish antennas shall not exceed a diameter of 10 feet; provided, however, that any roof-mounted satellite dish antenna shall not exceed a diameter of three feet.
(c)
No more than one satellite dish antenna shall be permitted on any residential premises.
(d)
Satellite dish antennas shall be installed only within the rear yard and shall be screened from the view of any adjoining residential premises.
(e)
Roof-mounted satellite dish antennas shall be securely mounted to the roof and shall not exceed the height of the existing roofline.
(8)
Home child care of not more than five children under the age of six for less than 24 hours per day.
(9)
An amateur radio station, including amateur radio antenna and amateur radio antenna support structures, subject to the following limitations:
[Added 2-25-1997 by Ord. No. 4-97]
(a)
The amateur radio antenna and the amateur radio antenna support structure shall not exceed a combined height of 50 feet.
(b)
No more than one amateur radio antenna support structure shall be permitted on any residential premises.
(c)
An amateur radio antenna support structure shall only be installed either with the rear yard or attached to the principal building; provided, however, that any such support structure shall comply with the minimum yard setback requirements for a principal building.
(d)
No amateur radio antenna shall extend across property lines or across a public right-of-way.
(10)
An amateur radio station, including an amateur radio antenna and an amateur radio antenna support structure, as a conditional use, subject to the following terms and conditions:
[Added 2-25-1997 by Ord. No. 4-97]
(a)
The combined height of the amateur radio antenna and amateur radio antenna support structure may be in excess of 50 feet but shall not exceed 75 feet.
(b)
No more than one amateur radio antenna support structure shall be permitted on any residential premises.
(c)
An amateur radio antenna support structure shall only be installed either within the rear yard or attached to the principal building; provided, however, that such support structure shall comply with the minimum yard setback requirements for a principal building.
(d)
No amateur radio antenna shall extend across the property lines or across a public right-of-way.
(e)
In determining the allowable height, within the maximum permitted, the Planning Board shall consider and may condition approval upon the following criteria:
[1]
The topography and elevation of the property on which the amateur radio antenna and antenna support structure is to be installed in relation to the topography and elevation of properties, structures and other obstructions in the vicinity.
[2]
The intended use of the amateur radio station, the hours of operation thereof and the desired range of communication.
[3]
The type of equipment to be used, the frequency bands used and susceptibility to interference.
[4]
The use of landscaping and other screening to mitigate the visual impact of the amateur radio antenna and antenna support structure upon properties in the vicinity.
[5]
The benefits to be derived from the operation of an amateur radio station.
[6]
The detrimental effects upon vicinity properties, including aesthetic considerations and public health safety and welfare issues.
[7]
The need for reasonable accommodations to permit amateur radio stations and the need to protect legitimate local governmental concerns.
§ 209-33 A-2 Residential two-family district
The A-2 Residential Two-Family District is designed for one-and two-family dwellings. Within the District, no building or land shall be used for any other than the uses hereinafter designed:
§ 209-34 PC Professional and commercial office district.
A.
Primary intended use. The PC Professional and Commercial Office District is designed and intended for commercial use and is limited to the presence of professional and commercial offices. Within the Professional and Commercial Office Zone, no building or land shall be used for any uses except for the following:
B.
Limitations. This District shall not be used for industrial or light manufacturing or limited light industrial purposes.
C.
Accessory uses. Accessory uses shall be those accessory uses customarily incident to the permissive use. Only one accessory building will be allowed.
§ 209-35 RC Restricted commercial business district.
A.
Primary intended uses. The RC Restricted Commercial Business District is designed and intended for first-floor commercial uses and second-floor residential apartments. Commercial uses are limited to the sale of commodities or services or the furnishing thereof. Within the Restricted Commercial Business Zone, no building or land shall be used for any uses except for the following:
[Amended 5-22-2023 by Ord. No. 6-23]
(1)
Stores and shops for the conducting of a retail business and/or professional use.
(2)
Banks, offices and studios.
(3)
Restaurants, tearooms, cafes and other places serving food or beverages.
(4)
Personal service shops, such as barber, shoeshine and beauty parlors.
(5)
Laundry, bakery and similar uses where not more than 10 persons shall be employed, nor where, in the aggregate, machinery is employed having a rating exceeding 20 horsepower, other than air conditioning.
(6)
Residential shall be permitted as a primary intended use on the second floor of any building in the RC District. A set-aside of 15% of low-and moderate-income units in accordance with Chapter 211 of the Borough Code shall be required.
(7)
Tattoo business.
[Added 8-14-2023 by Ord. No. 12-23; amended 12-11-2023 by Ord. No. 15-23]
B.
Self-contained structures. Individual establishments shall be self-contained structures serviced within the individual structure separate and distinct from adjacent establishments.
C.
Accessory uses. Accessory uses shall be those accessory uses customarily incident to the permissive uses.
D.
Permitted hours of operation. It shall be unlawful for any person, firm or corporation to open any retail business to the public or in any way operate or conduct a retail business between the hours of 11:00 p.m. and 6:00 a.m., with the following exceptions:
[Added 10-16-2008 by Ord. No. 17-08; amended 3-19-2009 by Ord. No. 4-09]
§ 209-36 GA Garden apartment district.
A.
Primary intended use. The GA Garden Apartment District is intended for garden-type apartments. Allowable uses for this District are as follows:
(1)
Garden-type apartments in accordance with the limiting schedule.[1]
[1]
Editor's Note: Schedule A-1 is included at the end of this chapter.
(2)
Garages and parking facilities as required by the off-street parking regulations contained in this Part 2.
(3)
Any use allowed in the A-1 Residential or A-2 Residential Districts, with the exception of home occupations and home professions.
B.
Accessory uses. Accessory uses shall be those accessory uses customarily incident to the permissive uses. Only one accessory building will be allowed.
§ 209-37 LL Limited light industrial district.
A.
Primary intended uses; prohibited uses. The LL Limited Light Industrial District is intended for light manufacturing, processing, breweries, warehouses or enclosed storage. Within this district, no building or structure or area, lot or parcel of land shall be used, in whole or in part, except for the above-stated purposes, except as hereinafter provided. Uses prohibited shall include but not be limited to:
[Amended 3-8-2016 by Ord. No. 10-16; 11-9-2021 by Ord. No. 17-21]
Acetylene gas manufacture |
Ammonia, chlorine or bleaching powder manufacture |
Amusement parks and recreational areas, except that municipally operated recreational areas, including swimming pools and other recreation facilities established, acquired, constructed, owned, controlled, equipped, improved, maintained, operated and regulated by the Borough, specifically under and pursuant to the provisions of N.J.S.A. 40A:12-1 et seq. shall not be prohibited. |
Animal black, lampblack or bone black manufacture |
Any process of manufacturing, assembly or treatment that is generally accepted to be hazardous to life, limb or property |
Any process of manufacturing, assembly or treatment that would constitute a nuisance by reason of the emission of smoke, dust, gas, vapor, odor, noise, glare, radiation, vibration or traffic patterns beyond the limit of the district |
Asphalt manufacturing or refining |
Automobile junkyard or any other establishment for the storage, reduction or deposit of junk or waste material of any kind |
Blast furnace |
Boilerworks |
Brick, pottery, tile or terra cotta manufacture |
Celluloid or film manufacture, processing, storage or extraction of products therefrom |
Cement and cinder block manufacture |
Coke ovens |
Crematory or mausoleum |
Creosote treatment or manufacture |
Disinfectant, insecticide or poison manufacture |
Distillation of coal, petroleum, refuse, grain, wood or bone |
Dye manufacture |
Emery cloth and sandpaper manufacture |
Explosives manufacture or storage, except of small arms ammunition |
Fertilizer manufacture |
Fireworks, matches and ammunition |
Forage plant |
Garages, except as an accessory use |
Gasoline products storage, except as incident to a permitted use |
Gas stations |
Glue, size or gelatine manufacture, where the processes include the refining and recovering of products from fish, animal, refuse or offal |
Grain drying or food manufacture from refuse, mash or grain |
Grease, land, fat or tallow rendering or refining |
Incineration, reduction, storage or dumping of slaughter-house refuse, rancid fats, garbage, dead animals or offal, except by the municipality or its agents |
Iron, stall, brass or copper foundry |
Lime, cement, plaster of paris or potash manufacture |
Linoleum, oilcloth or cork insulation manufacture |
Lumberyard |
Paint, oil, shellac or enamel or solvents manufacture |
Paper pulp manufacture |
Petroleum products for wholesale storage, unless an accessory use complying with the Building Code and the Fire Prevention Ordinance[1] |
Petroleum refining |
Plastic storage and manufacture, if flammable and explosive |
Quarry, sandpit, gravel pit and topsoil stripping |
Radioactive materials and by products |
Rawhides or skins, storage, cleaning, curing or tanning |
Rock and stone crusher |
Rubber, latex or gutta-percha manufacture or treatment |
Shoe blackening or stove polish manufacture |
Shopping centers |
Slaughtering of animals |
Smelting |
Soap manufacture |
Starch, glucose or dextrine manufacture |
Steel furnace, blooming or rolling mill |
Stockyards |
Storage or display of any goods or materials other than living nursery products, except in a building enclosed on all sides |
Structural steel or pipe works |
Sugar refining |
Sulphurous, sulphuric, acetic, nitric, picric, carbolic, or hydrochloric acid manufacturing |
Supermarkets |
Swimming and bathing pond, lake or pool, except as hereinabove provided |
Tar distillation or manufacture |
Tar roofing manufacture |
Theater, drive-in |
Tourist lodge, trailer camp, mobile home establishment, motel, hotel |
Truck terminals or depots |
Wool pulling or scouring |
Yeast plant |
B.
Permitted accessory uses.
(1)
(2)
No accessory building shall be used for any of the prohibited uses.
(3)
Only one accessory building will be allowed.
C.
Other permitted uses.
[Added 6-25-1996 by Ord. No. 5-96]
D.
Conditional uses within the LL Limited Light Industrial Districts. The following uses shall be permitted in the LL Limited Light Industrial Districts, in addition to those enumerated in § 209-37, as conditionally permitted uses, subject to the approval of the Planning Board if the following conditions are met:
[Added 6-27-2000 by Ord. No. 9-00]
(1)
Hotels:
(a)
Minimum lot size (including lots in an adjacent municipality of the same ownership as the lot in this Borough on which the hotel is to be located) for a hotel shall be two acres.
(b)
The property shall have direct ingress and egress access onto Route 17.
[Amended 3-8-2016 by Ord. No. 10-16]
(c)
The property shall provide adequate and safe ingress and egress.
(d)
The following minimum bulk requirements shall apply to a hotel use:
[1]
Front yard setback: 40 feet.
[2]
Rear yard set back: 25 feet; the minimum rear yard set back shall be increased by 1/2 foot for each one-foot increase in building height in excess of 30 feet.
[3]
Minimum side yard setback: 15 feet (each); 25 feet (aggregate); the minimum single and aggregate side yard setback shall be increased by 1/2 foot for each one-foot increase in building height in excess of 30 feet.
[4]
Maximum building height: 80 feet.
[5]
Minimum lot width: 150 feet.
[6]
Maximum lot coverage: 40%.
[7]
Maximum improved lot coverage (inclusive of landscaping): 80%.
(e)
In addition to meeting requirements of § 209-39, parking for a hotel shall meet the following requirements:
[1]
One parking space shall be provided per room.
[2]
One parking space shall be provided for every 200 square feet of all other areas within the hotel, exclusive of floor area used for mechanical equipment (such as heating and ventilation apparatus) that is not devoted to the principal use of the building or that is devoted to off-street parking interior, including aisles, ramps and maneuvering space.
[3]
All parking facilities shall be located at least five feet from a street or property line and shall be suitably screened by means of fencing and landscaping.
(f)
The site plan for a hotel shall meet all other requirements and standards of the site plan and Land Use Ordinance of the Borough of Maywood, except to the extent that they are directly inconsistent with the specific provisions of this section.
(g)
Permitted accessory uses. Accessory uses as herein described shall be those accessory uses customarily incident to the principal use of a Hotel as defined in § 209-25 of this chapter. Permitted accessory uses shall include, but not be limited to, accessory use for professional or business office purposes (as permitted under § 209-34 of the Zoning ordinance) and/or accessory use for retail-commercial purposes (as permitted under § 209-35 of the Zoning Ordinance).
(2)
Nursing homes, subject to the following:
[Added 3-27-2002 by Ord. No. 4-02]
(a)
Minimum lot size of 2.5 acres with direct ingress and egress access onto Route 17.
[Amended 3-8-2016 by Ord. No. 10-16]
(b)
Maximum building height of three stories and 42 feet measured from the average finished grade level at the front wall containing the principal entrance to the building, excluding decorative copulas, parapets, or other similar structures, which may measure 52 feet in height.
(c)
Accessory uses. Accessory uses shall be limited to those accessory uses customarily incident to the conditional use.
(e)
All setback regulations and requirements of the LL Limited Light Industrial District shall apply.
§ 209-37.1 Sexually Oriented Business/Body Piercing Parlor Business/Facilities for the Growing and/or Dispensation of Tobacco/Nicotine/Hookah/Electronic Smoking Device Retail Establishment Overlay District.
[Added 6-25-1996 by Ord. No. 3-96; amended 4-24-2018 by Ord. No. 3-18; 8-14-2023 by Ord. No. 13-23; 3-27-2024 by Ord. No. 1-24]
A.
Primary intended use. In addition to the uses permitted in the underlying district, the Sexually Oriented Business/Body Piercing Parlor Business/Facilities for the Growing and/or Dispensation of Tobacco/Nicotine/Hookah/Electronic Smoking Device Retail Establishment Overlay District is designed and intended as the only location suitable within the Borough of Maywood for sexually oriented businesses/body piercing parlor businesses/facilities for the growing and/or dispensation of tobacco/nicotine/hookah/electronic smoking device retail establishments to the extent permitted by the public laws of the state now or in the future, as conditional uses, as more particularly defined and limited herein.
B.
Conditions. Sexually oriented businesses/body piercing parlor businesses/facilities for the growing and/or dispensation of tobacco/nicotine/hookah/electronic smoking device retail establishments shall be permitted as a conditional use subject to the following:
(1)
No sexually oriented business/body piercing parlor business/facilities for the growing and/or dispensation of tobacco/nicotine/hookah/electronic smoking device retail establishment shall be conducted within 200 feet of a residential district or use.
(2)
Vehicular access to premises containing a sexually oriented business/body piercing parlor business/facilities for the growing and/or dispensation of tobacco/nicotine/hookah/electronic smoking device retail establishment shall be limited to Route 17.
(3)
Sexually oriented businesses/body piercing parlor businesses/facilities for the growing and/or dispensation of tobacco/nicotine/hookah/electronic smoking device retail establishments shall not operate prior to 9:00 a.m. nor after 11:00 p.m.
C.
Other regulations. Except as modified herein, all regulations and requirements of the underlying zoning district shall apply within the Sexually Oriented Business/Body Piercing Parlor Business/Facilities for the Growing and/or Dispensation of Tobacco/Nicotine/Hookah/Electronic Smoking Device Retail Establishment Overlay District.
§ 209-38 SP Special district for senior citizen housing.
The SP Special District for Senior Citizen Housing shall be specially zoned for the purpose of the construction of senior citizen rental housing, which is hereby declared, pursuant to N.J.S.A. 55:14I-1 et seq., a public use and purpose.
§ 209-38.1 OR Office-Retail Mixed Use District.
[Added 5-5-2005 by Ord. No. 4-05]
C.
Accessory uses shall be limited to:
(1)
On-site parking to service the needs of the permitted uses on the site.
(2)
Loading docks and garbage disposal servicing the permitted uses on the site, provided such accessory uses are not located along the facade of any principal building facing the front yard.
(3)
Bus stops, driveways, shopping cart corrals and other appurtenances to permitted uses on the site.
(4)
Drive-through facilities appurtenant to permitted uses on the site.
(5)
On-site parking to service the needs of an adjacent off-site use, provided that the number of such parking spaces does not exceed a ratio of 32 spaces per each 1,000 square feet of gross floor area of principal buildings on site.
D.
Planting buffer. Where a lot abuts either an A-1 or A-2 Residential Zone or abuts a street which adjoins an A-1 or A-2 Residential Zone, there shall be a minimum ten-foot planting buffer along the property line which abuts such zone or street. Except for permitted retaining walls, driveways and walkways, the planting buffer shall consist entirely of such landscaping as shall be determined by the Planning Board to adequately screen the site from such adjoining residential zones as part of the site plan review process.
E.
No principal or accessory building shall be permitted within the required yard setback areas. Except as otherwise provided in the required planting buffer, fences, walls, driveways, walkways, parking spaces and parking aisles, curbing, drainage improvements, lighting and landscaping shall be permitted within the yard setbacks.
F.
Additional district regulations shall be as set forth on the limiting Schedule A-1.[1]
[1]
Editor's Note: Schedule A-1 is included at the end of this chapter.
§ 209-38.2 TH Townhouse Use District.
[Added 11-2-2006 by Ord. No. 18-06]
A.
Permitted principal uses. Within this district, no land or building shall be used for any use other than townhouse use or public municipal buildings or facilities.
C.
Planting buffer: Where a lot abuts either an A-1 or A-2 residential zone or abuts a street which adjoins an A-1 or A-2 residential zone, there shall be a minimum ten-foot planting buffer along the property line which abuts such zone or street. Except for permitted retaining walls, driveways and walkways, the planting buffer shall consist entirely of such landscaping as shall be approved by the planning board to adequately screen the site from such adjoining residential zones as part of the site plan review process.
D.
No principal or accessory building shall be permitted within the required yard setback areas. Except as otherwise provided in the required planting buffer, fences, walls, driveways, walkways, parking spaces and parking aisles, curbing, drainage improvements, lighting and landscaping shall be permitted within the yard setbacks.
E.
Useable open space.
(1)
Any site used for townhouse use shall contain useable open space equal to an area of at least 400 square feet times the number of dwelling units on the site.
(2)
Required useable open space of not less than 400 square feet may be assigned as private yards to individual dwelling units to which such space shall be contiguous.
(3)
Required useable open space which is allocated to an individual dwelling unit shall be easily accessible to the occupants of such unit, and useable open space which is allocated to two or more dwelling units in common shall be easily accessible to the occupants of all such units.
(4)
No portion of any required front yard shall be used for required useable open space, and no portion of any required useable open space shall be used for driveways or parking spaces.
(5)
No structure of any kind shall be permitted within any required useable open space, except for a swimming pool or other outdoor recreational structure, provided that not more than 25% of any such structure shall be covered by a roof.
F.
Density.
(1)
The maximum density of dwelling units shall be eight per acre (1 unit per 5,445 square feet).
G.
Individual lots. Notwithstanding the minimum lot size required for a site for townhouse development, nothing contained herein shall be deemed to prohibit the subdivision of any site into individual lots for the fee ownership of individual townhouse units, provided that all land lying within the area to be developed for townhouse use, including any individual lot, shall form part of and be subject to one overall site plan covering the entire tract of not less than the minimum lot size, such site plan to be reviewed and approved by the Planning Board, and provided that any such individually owned or subdivided parcel of land shall be subject to and covered by the aforesaid comprehensive site plan covering the entire tract, either pursuant to an agreement binding on the owners of all such separate lots or parcels, as well as their successor in title, which shall be approved by the attorney for the Planning Board, or in such other manner as shall be approved by the attorney for the Planning Board, to assure that no part of the overall tract shall be developed in any manner except as part of the comprehensive site plan. Any such individual subdivided lot shall comply with the minimum requirements:
(1)
Minimum lot size: 1/8 of an acre (5,445 square feet).
(2)
Minimum lot width: 30 feet.
(3)
Minimum front yard: 25 feet.
(4)
Minimum side yard: None required, providing building in which the unit is located meets the side yard setbacks.
(5)
Minimum rear yard: 30 feet.
(6)
Maximum imperious lot coverage: 40%.
(7)
Maximum building coverage of lot: 30%.
H.
Length of buildings, limitation in the number of units within a building:
(1)
No building shall exceed 160 feet in length.
(2)
No building shall contain more than six dwelling units.
(3)
No building shall contain more than two dwelling units in a straight unbroken row, and the exterior wall of each such building shall include a setback or break with a depth of not less than six feet after every two units.
I.
Distances between buildings, windows:
(1)
No building shall be located closer than 50 feet to each other.
(2)
No window, other than a kitchen or bathroom window, shall be located within 50 feet of any other window on any other building or on the same building, if one such window shall be visible from the other, unless the walls in which such windows are located intersect (or would intersect if extended) at an angle of 90° or more.
J.
Parking:
(1)
A minimum of two off-street parking spaces shall be provided for each dwelling unit, at least one of which shall be in either an attached or detached garage, and the site plan shall clearly delineate the allocation of such spaces to the respective dwelling units.
(2)
In addition to the parking spaces required by Subsection J(1) off-street parking space for each two dwelling units shall be provided for guest and visitor parking, which parking spaces may be in dispersed groupings, provided such spaces are reasonably convenient to all dwelling units to which such spaces are allocated.
K.
Developer's agreement. A developer's agreement approved by the Planning Board and the Borough Attorney shall be executed prior to the issuance of any building permit. The developer's agreement shall require the formation of a condominium, cooperative or homeowners' association to enforce the terms of the developer's agreement with respect to any common areas.
L.
Unit sizes and facilities.
(2)
No unit shall have more than one kitchen nor more than two bedrooms or areas which can be converted or used as bedrooms.
(3)
No unit shall have a floor area in excess of 2,000 square feet of liveable floor area. For the purposes of this subsection, “liveable floor area” shall mean the square footage of floor area of a townhouse unit exclusive of garages, utility rooms, nonhabitable cellars and nonhabitable attics.
[Amended 6-21-2007 by Ord. No. 13-07]
M.
Additional district regulations shall be as set forth on the limiting Schedule A-1.
§ 209-38.3 THO Townhouse Use Overlay District.
[Added 11-2-2006 by Ord. No. 18-06; amended 7-12-2022 by Ord. No. 9-22; 5-22-2023 by Ord. No. 7-23]
B.
District regulations:
(1)
All principal and accessory uses within the THO District shall comply with the requirements and regulations governing the TH Townhouse Use District except as set forth below:
(a)
Density. The maximum density of dwelling units shall be 20 per acre (one unit per 2,175 square feet).
(b)
Height of buildings:
[1]
On Block 87, Lots 8-12 and Block 88, Lot 28, townhouses shall have a maximum building height of three stories or 40 feet (two stories residential and one-story parking underneath).
[2]
On Block 106, Lots 1-5, townhouses shall have a maximum building height of four stories or 48 feet (three stories residential and one-story parking underneath).
(c)
Bulk requirements.
Requirements | |
|---|---|
Minimum lot area | 20,000 square feet |
Minimum lot depth | 100 feet |
Minimum lot width | 200 feet |
Minimum front yard setback | 30 feet |
Minimum side yard setback (one) | 15 feet |
Minimum side yard setback (both) | 25 feet |
Minimum rear yard setback | 30 feet |
Maximum building coverage | 30% |
Maximum impervious coverage | 45% |
(d)
All townhouse development permitted in the THO District shall be required to provide a 15% affordable housing set-aside for renter-occupied units and a 20% affordable housing set-aside for owner-occupied units.
(2)
Schedule A-1 shall be amended to add the regulations for the THO District.
§ 209-38.4 HDO High Density Office Zoning District.
[Added 10-16-2008 by Ord. No. 18-08]
C.
No principal or accessory building shall be permitted within the required yard setback areas. Fences, walls, driveways, walkways, at-grade parking spaces and parking aisles, curbing, drainage improvements, lighting and landscaping shall be permitted within the yard setbacks.
D.
Landscaping: Areas of a lot for which lot coverage is not permitted shall be suitably landscaped as shall be determined by the Planning Board.
E.
Additional district regulations shall be as set forth on the limiting Schedule A-1.[1]
[1]
Editor's Note: Schedule A-1, Limiting Schedule, is included at the end of this chapter.
F.
Off-premises advertising signs shall be permitted as a conditional use within the HDO High Density Office Zoning District, subject to the following conditions:
[Added 5-21-2009 by Ord. No. 7-09]
(1)
No more than one off-premises advertising structure (double sided) shall be permitted on any lot.
(2)
No part of any off-premises advertising sign shall be located within 300 feet of another off-premises advertising sign.
(3)
No part of any off-premises advertising sign shall be located more than 100 feet from a roadway having a regularly posted speed limit of 50 miles per hour or more.
(4)
No part of any off-premises advertising sign shall be higher than 35 feet above grade of the adjoining roadway having a regularly posted speed limit of 50 miles per hour or more.
(5)
Off-premises advertising signs shall be constructed so that the sign face(s) thereof are oriented to, and their line of sight confined to, the adjoining roadway having a regularly posted speed limit of 50 miles per hour or more.
(6)
The sign area shall not exceed 528 square feet, per sign face, nor shall any sign face exceed a vertical dimension of 14 feet or a horizontal dimension of 44 feet.
(7)
Off-premises advertising signs shall comply with the minimum yard requirements, as set forth in Limiting Schedule A-1,[2] applicable within the HDO High Density Office Zoning District.
[2]
Editor's Note: Schedule A-1, Limiting Schedule, is included at the end of this chapter.
(8)
Except as specifically modified herein or as noted below, off-premises advertising signs shall comply with the requirements set forth in § 209-40 hereof, including the requirement for site plan review and approval by the Planning Board prior to the issuance of any permits therefor from the Borough of Maywood, provided that the provisions of Subsection L and the restrictions on the hours of illumination found in Subsection Q(2) in § 209-40 shall not be applicable to off-premises advertising signs. More specifically, any lighting shall be restricted so as to avoid light spillage upon adjacent properties, and any movement or illusion of movement of the off-premises advertising signage shall be prohibited.
(9)
As a condition of site plan review and approval, the Planning Board may require landscaping around the base of any supporting framework or structure, as well as elsewhere on the lot upon which the off-premises advertising sign is located.
(10)
The supporting framework or structure of any off-premises advertising signs shall be maintained in a single color to be approved by the Maywood Planning Board as part of the required site plan review and approval therefor so as to reduce the visual impact of such supporting framework or structure.
§ 209-38.5 PCD Planned Commercial Development Overlay District.
[Added 5-26-2020 by Ord. No. 8-20]
A.
Purpose and intent. The Planned Commercial Development (PCD) Overlay is intended to encourage a coordinated commercial redevelopment of formerly underutilized lands located along Route 17 in a manner that creates a high-quality commercial destination. Planned commercial developments within the PCD Overlay shall be subject to the requirements set forth herein and to the mandatory findings for planned development as required by the Municipal Land Use Law pursuant to N.J.S.A. 40:55D-45.
B.
Application requirements. Any application for development for any portion or the entirety of the PCD Overlay District shall be submitted as a planned development, in the nature of a preliminary site plan application. Such application shall describe any phasing of the proposed project, together with all on-site and off-site improvements needed to support such phases. The application for preliminary site plan approval may also include a request for final site plan approvals with respect to specific phases or portions of the overall project.
C.
Permitted principal uses within the PCD Overlay District. A planned commercial development shall contain one or more of the following principal uses. More than one permitted principal use shall be permitted on a single lot.
(1)
Retail sales.
(2)
Professional offices.
(3)
Hotels.
(4)
Banks.
(5)
Restaurants and other food and beverage establishments, including, but not limited to, drive-through or pick-up food and beverage establishments.
(6)
Indoor and outdoor recreational entertainment facilities.
(7)
Automotive sales or leasing.
(8)
Convenience retail with fuel service.
(9)
Fitness and wellness centers.
(10)
Light manufacturing and processing for technology, pharmaceutical, biotech and related uses.
(11)
Medical, testing, and research laboratories.
(12)
Urgent medical care.
(13)
Surface and structured parking facilities.
D.
Permitted accessory uses and structures.
(1)
Uses and structures customarily incidental and subordinate to a permitted principal use.
(2)
Drive-through and facilities appurtenant to permitted uses on the site.
(3)
On-site parking to service the needs of the permitted uses on the site.
(4)
Outdoor patios and dining areas appurtenant to permitted uses on the site.
(5)
Two high-definition digital screens with a maximum area of 1,500 square feet for each screen shall be permitted as accessory structures for outdoor recreational entertainment uses. Such screens shall be internally oriented and utilized solely for the operation of the outdoor recreational entertainment venue and shall not constitute signage as regulated in § 209-38.5F(3).
E.
Development standards for planned commercial developments.
(1)
Minimum tract area: 15 acres. Subdivision of the overall tract to create fee simple development parcels is permitted.
(4)
Vacant space.
(a)
A minimum of two acres of the overall tract which may include preserved wetland areas shall be set aside as vacant land.
(7)
Parking.
(a)
The total parking requirement for the planned commercial development shall equal the total number of spaces generated by each individual user in accordance with the following requirements:
[1]
Retail: one space per 250 square feet of gross floor area.
[2]
Professional offices: one space per 300 square feet of gross floor area.
[3]
Hotels: one space per room, plus one space per 300 square feet of gross floor area for meeting rooms, ballrooms and event spaces.
[4]
Restaurant and other food and beverage establishments: one space per four seats.
[5]
Recreational entertainment facilities: one space per 300 square feet of gross floor area.
[6]
Automobile dealerships: one space per 300 square feet of gross floor area.
[7]
Convenience retail with fuel service: one space per 300 square feet of gross floor area.
[8]
Fitness and wellness centers: one space per 250 square feet of gross floor area.
[9]
Urgent medical care: one space per 200 square feet of gross floor area.
(b)
A minimum of eight electric vehicle charging stations in aggregate shall be provided within the planned commercial development in at least two different locations.
(c)
Parking areas shall be set back a minimum of 10 feet from the perimeter boundary of the overall tract.
F.
Site design standards. The following standards shall be applicable to planned commercial developments within the PCD Overlay. When the standards herein conflict with other provisions of Chapter 209, the standards herein shall apply. Any modifications to the site design standards that are deemed necessary to accommodate required environmental remediation and monitoring facilities shall be permitted.
(1)
Landscaping.
(a)
Street trees shall be required along the primary internal roadway and shall be planted no more than 40 feet apart, on center, on average, with variation permitted for curb cuts, utilities and other site conditions, so long as the required number of trees along the roadway shall be no less than one tree per 40 feet of linear frontage.
(b)
Landscape strips located adjacent to roadways and sidewalks should include a mix of low plantings and grass with a maximum height of 30 to 36 inches.
(c)
A landscape buffer with a minimum width of five feet consisting of low plantings and grass shall be provided along the Route 17 frontage of the planned commercial development.
(2)
Fences.
(a)
No fence or other enclosure shall exceed eight feet in height at any point, as measured from existing ground levels.
(b)
No fence shall be allowed within the landscape buffer required along the Route 17 frontage of the planned commercial development.
(c)
No fence shall be erected in such a manner so as to interfere with the public right-of-way or interfere with the visibility of vehicular and pedestrian traffic proceeding along any public right-of-way.
(d)
The following fences and fence materials are specifically prohibited: barbed wire, pointed iron slats or pickets, canvas, cloth, fiberglass, poultry netting, electrically charged fences, temporary fences such as snow fences, except where necessary for active construction, and collapsible fences, except during active construction.
(3)
Signage.
(a)
Wall signs.
[1]
One wall sign is permitted for each building facade, inclusive of structure parking facilities, oriented to a public street, internal roadway or parking area. No more than two such signs may be located on a single building facade.
[2]
The total area of all signs on each building facade shall not exceed 20% of the area of the facade to which it is attached.
(b)
(c)
Directional and wayfinding signage is permitted within the planned commercial development.
(d)
Other requirements.
[1]
No sign shall obstruct sight line for 300 feet from stop lines or intersections and driveways.
[2]
No attached sign shall project into or hang over a street right-of-way.
[3]
Lighted signs are to be arranged as to reflect light and glare away from adjoining premises and adjoining highways. No beam, beacon or flashing form resembling an emergency light, traffic light or other traffic signage may be erected in a location such that it may be confused with a railroad, traffic control or emergency signal.
[4]
No temporary signs, such as feather flags, mascots or inflatable signs, shall be permitted.
(4)
Circulation and connectivity.
(a)
A primary internal roadway shall be constructed to connect Route 17 to Maywood Avenue. The roadway shall consist of a cartway with a landscape strip and sidewalk (as illustrated in Exhibit A).[1]
[1]
Cartway width: 30 feet.
[2]
Landscape strip: landscaping shall be provided on both sides of the cartway with a total combined width of a minimum of 10 feet. The minimum width of the landscape strip shall be four feet.
[3]
Sidewalk: six feet from face of curb on at least one side of the cartway.
[1]
Editor's Note: Exhibit A is on file in Borough offices.
(b)
A continuous loop of sidewalks is required to provide pedestrian connectivity between the various uses within the planned commercial development. All sidewalks shall have a minimum clear paved walking width of at least four feet.
(c)
Crosswalks shall be provided where sidewalks cross vehicular driveways or roadways and marked with textured paving in a contrasting material and color.
(d)
Bicycle parking shall be provided near primary entrances to retail, office, convenience store and recreational entertainment uses.
(6)
Lighting.
(a)
Minimum illumination level for paved areas within the overall development tract: 0.5 footcandle.
(b)
Maximum average illumination level for the overall development tract: 10 footcandles.
(c)
Maximum illumination levels at property lines abutting residential properties, excluding driveway ingress/egress areas: 0.5 footcandle.
(d)
Maximum light mounting height (from grade level to center of luminaire): 55 feet.
(e)
Field lighting necessary for any outdoor recreational entertainment use, including non-cut-off type luminaries, shall be permitted subject to the minimum and maximum illumination levels for the overall development tract as set forth above.
§ 209-38.6 THO-2 Townhouse Use Overlay-2 District.
[Added 7-12-2022 by Ord. No. 9-22; amended 5-22-2023 by Ord. No. 7-23]
B.
District regulations:
(1)
All principal and accessory uses within the THO-2 District shall comply with the requirements and regulations governing the TH - Townhouse Use District except as set forth below:
(a)
Density. The maximum density of dwelling units shall be 12 per acre (one unit per 3,630 square feet).
(b)
Height of buildings. Townhouses shall have a maximum building height of three stories or 40 feet (two stories residential and one-story parking underneath).
(c)
Bulk requirements.
Requirements | |
|---|---|
Minimum lot area | 40,000 square feet |
Minimum lot depth | 175 feet |
Minimum lot width | 230 feet |
Minimum front yard setback | 30 feet |
Minimum side yard setback (one) | 20 feet |
Minimum side yard setback (both) | 35 feet |
Minimum rear yard setback | 30 feet |
Maximum building coverage | 30% |
Maximum impervious coverage | 45% |
(d)
All townhouse development permitted in the THO-2 District shall be required to provide a 15% affordable housing set-aside for renter-occupied units and a 20% affordable housing set-aside for owner-occupied units.
(2)
Schedule A-1 shall be amended to add the regulations for the THO-2 District.
§ 209-38.7 THO-3 Townhouse Use Overlay-3 District.
[Added 7-12-2022 by Ord. No. 9-22; amended 5-22-2023 by Ord. No. 7-23]
B.
District regulations:
(1)
All principal and accessory uses within the THO-3 District shall comply with the requirements and regulations governing the TH - Townhouse Use District except as set forth below:
(a)
Height of buildings. Townhouses shall have a maximum building height of three stories or 40 feet, (two stories residential and one-story parking underneath).
(b)
All townhouse development permitted in the THO-3 District shall be required to provide a 15% affordable housing set-aside for renter-occupied units and a 20% affordable housing set-aside for owner-occupied units.
(2)
Schedule A-1 shall be amended to add the regulations for the THO-3 District.
§ 209-39 Garages and off-street parking.
A.
Purpose. In order to ensure public safety and lessen congestion on the streets throughout the Borough, the following parking requirements for each district are hereby determined to be essential.
B.
Paved parking areas. There shall be provided the following paved parking areas:
(1)
A-1 and A-2 Residential Districts. For a one-family residence, there shall be a minimum of two spaces; for a two-family residence, there shall be a minimum of four spaces. The garage or carport may be included.
(2)
PC Professional and Commercial Office District. There shall be one space for each 250 square feet of gross floor area.
(3)
GA Garden Apartment District. There shall be a minimum of two spaces per residence or rental unit which shall be exclusively for passenger vehicles.
(4)
LL Limited Light Industrial District. There shall be a minimum of one space for every 300 square feet of gross floor area, except that warehouse uses within the LL District shall provide a minimum of one space for every 500 square feet of gross floor area.
[Amended 11-9-2021 by Ord. No. 17-21]
(5)
RC Restricted Commercial Business District.
[Amended 5-8-2008 by Ord. No. 14-08]
(a)
No construction or addition to any building or structure within the RC District resulting in a floor area ratio in excess of 80% shall be erected, altered, remodeled or used unless such construction or addition in excess of a floor area ratio of 80% complies with the minimum off-street parking requirements set forth below.
(b)
Within the RC District, all construction or additions exceeding a floor area ratio of 80% shall require a minimum of one parking space for each 250 square feet or portion thereof of gross floor area in excess of a floor area ratio of 80%, or such other number of parking spaces as shall be required for a particular use pursuant to any other provisions hereof, whichever is greater.
(c)
Residential uses located in the RC District shall be subject to parking requirements contained in the Residential Site Improvement Standards (RSIS) New Jersey Administrative Code, Title 5, Chapter 21 (as amended).[1] Consideration will be given for waivers or de minimis exceptions pursuant to RSIS for the parking requirements for units that are designated as affordable units.
[Added 5-22-2023 by Ord. No. 6-23]
[1]
Editor's Note: See N.J.A.C. 5:21-1.1 et seq.
(d)
Nonresidential uses shall comply with § 209-39B(5) of the Borough Code, pending further study in conjunction with a proposed developer to address the potential needs and demands for residential (market/affordable) and commercial parking; including shared and/or structured parking, in accordance with sound planning principles consistent with this chapter.
[Added 5-22-2023 by Ord. No. 6-23]
(6)
SP Special District for Senior Citizen Housing. There shall be a minimum of one space for every two living units.
(7)
OR Office-Retail Mixed Use District.
[Added 5-5-2005 by Ord. No. 4-05]
(a)
General offices: one parking space per 250 square feet of gross floor area or part thereof.
(b)
Professional offices: one parking space per 250 square feet of gross floor area or part thereof, plus one parking space for each employee.
(c)
Retail sales: one parking space per 250 square feet of gross floor area or part thereof.
(d)
Restaurants: one parking space per two seats or one parking space per 200 square feet of gross floor area or part thereof, whichever is greater.
(e)
Shared parking: To meet the parking requirements in excess of one parking space per 250 square feet or part thereof, permissible accessory on-site parking to service the needs of an adjacent off-site use may be used on a shared basis to meet such requirements.
(8)
THO, THO-2 and THO-3 overlay zones.
[Added 7-12-2022 by Ord. No. 9-22; amended 5-22-2023 by Ord. No. 7-23]
(a)
Residential uses located in the THO, THO-2 and THO-3 overlay zones shall be subject to parking requirements contained in the Residential Site Improvement Standards (RSIS) New Jersey Administrative Code, Title 5, Chapter 21 (as amended).[2] Consideration will be given for waivers or de minimis exceptions pursuant to RSIS for the parking requirements for units that are designated as affordable units.
[2]
Editor's Note: See N.J.A.C. 5:21-1.1 et seq.
C.
Access to areas; special temporary uses; enclosures; lighting. In all off-street parking areas, unobstructed access to and from the street shall be provided as follows:
(1)
In industrial areas, there shall be required either a through access or an adequate area for vehicles to turn in order that vehicles leaving the area will enter the streets going forward.
(2)
All areas designated as off-street parking areas shall be free of all other uses except special temporary uses allowed by police permit.
(3)
In all open off-street parking areas having six spaces or more, the municipal agency, in its discretion, may require the construction of a solid wall or fire-resistant fence or densely planted shrubs or trees. Said wall, fence or plantings shall have a height of not less than four feet and not more than eight feet. No signs shall be affixed to either the wall or the fence or any plantings.
(4)
All open off-street parking areas in the GA, LL, PC and RC Districts which may be used at night shall be adequately lighted, but such lighting shall not in any way cause a nuisance or adversely affect the use of adjacent homes as residences.
D.
Accessory parking requirements.
(1)
Commercial office uses, wherever located, shall require one space for each 250 square feet of gross floor area.
(2)
Professional office uses, other than home professional offices or professional offices located within the PC District, shall require five spaces per professional occupant, plus one space for each nonprofessional employee.
(3)
Places of public assembly shall require one space for each 100 square feet of gross floor area or one space for each four seats, whichever is greater.
(4)
Parking for the physically handicapped:
(a)
Wherever parking is required pursuant to this Part 2, there shall be a minimum of 4% of the total number of parking spaces, but not less than two parking spaces, provided in an area of the parking facility which is most accessible and proximate to the office buildings which the parking facilities serve.
(b)
Each space or group of spaces shall be identified with a clearly visible sign displaying the international symbol of access along with the following wording; "These spaces reserved for physically handicapped persons.
(c)
Each space shall be 12 feet wide to allow room for persons in wheelchairs or on braces or crutches to get in and out of either side of an automobile onto a level, paved surface suitable for wheeling and walking.
(d)
Such spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars.
(e)
Where applicable, curb ramps shall be provided to permit handicapped people access from parking area to sidewalk.
E.
Vehicle parking regulations.
(1)
No nonpassenger vehicles having a weight in excess of 8,000 pounds or having a height in excess of seven feet or having a length in excess of 22 feet shall be parked or stored upon any premises used for residential purposes within the Borough, except within a fully enclosed garage.
[Amended 7-13-1993 by Ord. No. 16-93]
(2)
No vehicle having any exposed construction equipment, materials, ladders, pipe or racks shall be parked or stored between the hours of 12:00 midnight and 6:00 a.m. on Monday through Friday, inclusive, or any time on Saturday, Sunday or state or federal legal holidays upon any premises used for residential purposes within the Borough except within a fully enclosed garage.
(3)
Any vehicle having thereon any commercial signs or advertising consisting of more than three lines of print or lettering in excess of three inches in height, which is parked or stored upon any premises used for residential purposes within the Borough, except within a fully enclosed garage, shall completely cover and conceal from view such signs or advertising.
[Amended 11-14-1989 by Ord. No. 8-89]
(4)
No more than one nonpassenger vehicle shall be parked or stored upon any premises used for residential purposes within the Borough unless such vehicle is within a fully enclosed garage.
[Amended 11-14-1989 by Ord. No. 8-89]
(5)
Any van which has a factory-installed roof rack and is designed and used specifically for recreational or family purposes or as a family car, and which does not have commercial or construction equipment, materials, ladders or pipes on its roof, whether in a rack or otherwise, shall be considered as a passenger vehicle with respect to being parked on private property within the times and conditions set forth.
[Added 11-10-1992 by Ord. No. 19-92[3]]
[3]
Editor's Note: Former Subsection E(5), Registration of vehicles; Borough decals, as amended, was repealed 4-28-1992 by Ord. No. 2-92.
(6)
None of the foregoing restrictions shall apply to any nonpassenger vehicles being used in connection with the performance of work at or the providing of a service for or the making of a delivery to premises used for residential purposes during only such periods of time as the work, service or delivery is being performed, provided or made.
(7)
No vehicles of any type parked or stored upon premises used for residential purposes shall be under any major repair for more than seven consecutive days unless kept in a fully enclosed garage.
(8)
Any vehicle parked or stored upon premises used for residential purposes shall have a current license, registration and valid inspection sticker unless kept in a fully enclosed garage.
(9)
Recreational vehicles or boats parked or stored within the Borough shall comply with the following requirements:
(a)
No more than one recreational vehicle or boat may be parked or stored upon any premises used for residential purposes.
(b)
Recreational vehicles or boats shall be parked or stored upon any premises used for residential purposes within a fully enclosed garage, if available.
(c)
Recreational vehicles or boats shall not be stored or parked within either the front yard setback or side yard setback area upon premises in any zoning district within the Borough.
(d)
No recreational vehicle or boat parked or stored upon any premises used for residential purposes shall be used for any type of commercial or business use.
(e)
No recreational vehicle or boat shall be occupied or used for human habitation while parked or stored within the Borough.
(f)
No recreational vehicle or boat parked or stored within the Borough shall have fixed connectors to electricity, water, gas or a sanitary sewer system.
(g)
No recreational vehicle or boat exceeding 28 feet in length shall be parked or stored upon any premises used for residential purposes within the Borough.
(10)
No vehicle shall be parked or stored upon any premises used for residential purposes except in an enclosed garage or carport or upon a driveway having a macadam, concrete, gravel or other paved surface. The parking of any vehicles upon a grassed area of premises used for residential purposes is prohibited. No driveway or parking area located within the front yard setback area of any premises used for residential purposes shall exceed a width of 25 feet or a width equal to 50% of the width of the lot as measured along the street line, whichever is less.
(11)
The restrictions contained herein relating to nonpassenger vehicles shall not apply to parking areas established by the Borough for the parking or storage of nonpassenger vehicles.
(12)
Use of garages.
[Added 4-22-1997 by Ord. No. 8-97[4]]
(a)
Except as provided in Subsection E(12)(b) below, with respect to any multifamily residential use containing three or more residential dwelling units, no required off-street parking space or garage shall be leased or rented to, or permitted to be used by, any person other than a residential tenant of such multifamily residential use, nor shall any such required parking space or garage be leased or rented, or permitted to be used, for any purpose other than the parking of passenger vehicles and such ancillary storage as will not interfere with the parking of a passenger vehicle.
(b)
Notwithstanding the provisions of Subsection E(12)(a) above, any residential tenant of a multifamily residential use, as defined above, who on the effective date of this subsection rents or leases a required off-street parking space or garage in a multifamily residential use other than the multifamily residential use in which he or she resides, may continue to lease or rent such required off-street parking space or garage; provided, however, that upon the termination of such rental such required off-street parking space or garage shall only be rented in accordance with Subsection E(12)(a) above.
[4]
Editor's Note: This ordinance also repealed former Subsection E(12), added 12-10-1996 by Ord. No. 16-96, which dealt with regulating the use of garages.
(13)
The Police Department is specifically authorized and directed to enforce this subsection.
F.
Authority of the municipal agency to grant variances; referral to police.
[Amended 12-14-1999 by Ord. No. 30-99]
(1)
The agency is hereby authorized to grant variances from any of the provisions of this section when, after a hearing, it is the opinion of the agency that, pursuant to the standards applied under the Municipal Land Use Law, a variance may be granted from the requirements of this section of this Part 2.
(2)
Where determined necessary after a hearing before the agency, off-street parking lots in private or public ownership for other than accessory uses may be permitted in any zone by the agency. The agency shall require that such parking lots be sufficiently landscaped, appropriately screened and adequately surfaced as, in the judgment of the agency, is necessary to afford protection to the surrounding residential properties. The agency shall have the further authority to regulate the use of such parking lots as a condition to their establishment.
(3)
Before any parking lots are allowed by the agency under the provisions of this section, the agency shall be required to submit the proposed parking lot plans to the Police Department. The Police Department, Traffic Control Division, shall make a report to the agency concerning the safety and the adequacy of the proposed parking area. In the event that the Police Department fails to file such a report within 30 days from the date of its referral by the agency to the Police Department, the agency is hereby authorized to vote the approval or disapproval of the proposed parking plans.
§ 209-40 Signs.
A.
Compliance with section. On and after May 29, 1979, no signs shall be erected, relocated or maintained within the Borough except as herein provided.
B. AWNING AWNING SIGN EXTERNALLY LIGHTED SIGN GROUND SIGN INTERNALLY LIGHTED SIGN PRINCIPAL SIGN SIGN SIGN AREA TEMPORARY SIGN WALL SIGN WINDOW SIGN
Definitions. As used in this section, the following terms shall have the meanings indicated:
An area of cloth or similar material forming a window or door canopy and attached or affixed permanently or temporarily to a building or other structure.
[Added 3-8-2016 by Ord. No. 7-16]
A sign that is mounted, painted or otherwise attached or affixed to an awning, as such term is defined herein. The lettering on such signs shall be limited solely to the name and telephone number of the establishment to which the awning is attached or affixed and shall be located solely on the area of the awning that is parallel and not perpendicular to the ground area immediately beneath the same.
[Added 3-8-2016 by Ord. No. 7-16]
Any sign whose sole source of artificial illumination is outside the display portion of the sign.
Any nonmovable sign not attached or affixed to a building or other structure.
[Amended 3-8-2016 by Ord. No. 7-16]
Any sign whose sole source of artificial illumination is contained within the display portion of the sign.
Any sign which is used to identify the place of business and primary service or type of merchandise sold on the premises. The address, phone number and name of the proprietor may be displayed.
Any object, device, display or structure (or part thereof), situated outdoors or indoors, that is used to advertise, identify, display or direct or attract attention to an object, person, institution, organization, business, product, service, event or location by means of words, letters, figures, design, symbols, fixtures, colors, illumination or projected images, all as and if permitted.
[Added 3-8-2016 by Ord. No. 7-16]
The area of any sign contained within the outside of a framed or enclosed sign or the area within a parallelogram drawn so as to include all figures, including but not limited to logos, within the background of a flussh-mounted sign.
[Amended 3-8-2016 by Ord. No. 7-16]
Any sign on the premises displaying information regarding a special offer of products or services for a limited period of time.
A sign that is mounted, painted or otherwise attached or affixed to the wall of a building or other structure.
[Added 3-8-2016 by Ord. No. 7-16]
A sign that is mounted, painted or otherwise attached or affixed to the window of a building or other structure.
[Added 3-8-2016 by Ord. No. 7-16]
C.
Obstructing signs. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic, directional and identification signs, other places of business or other signs, and signs shall be located to allow a clear, unobstructed line of sight for 300 feet from the stop line of any intersection of streets and/or driveways.
D.
Animated, flashing and illusionary signs. Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.
E.
Height. No freestanding sign shall exceed 24 feet in height, measured from the ground, and no attached sign shall be higher at any point than the roofline of the building. In addition, no attached sign shall project into or hang over a street right-of-way, and no sign shall project beyond a building in a manner placing it above an area traversed by motor vehicles, such as but limited to driveways and parking areas. Where signs, including awning signs, project beyond a building facade or wall over a pedestrian walkway, the lowest portion of the sign shall be at least eight feet above the walkway.
[Amended 3-8-2016 by Ord. No. 7-16]
F.
Lighted signs. Where permitted, lighted signs shall be so arranged as to reflect the light and glare away from adjoining premises and away from adjoining highways. No sign with red, green, yellow or blue illumination in a beam, beacon or flashing form resembling an emergency light, traffic light or other traffic signage shall be erected in any location where it may be confused with a railroad, traffic control or emergency signal. Lighted signs shall comply with the National Electrical Code and bear the Underwriters' Laboratories Seal. All externally lighted signs shall be shielded from residences and from streets or other rights-of-way carrying vehicular traffic.
[Amended 3-8-2016 by Ord. No. 7-16]
G.
Maintenance. Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated. All signs shall comply with the pertinent requirements of the Building Code of the Borough of Maywood,[1] Failure to maintain the sign in good condition shall result in revocation of the sign permit.
H.
Real estate signs. Signs temporarily advertising the sale, rental, lease, alteration or repair of premises or a portion thereof shall have, if not attached to the building, a setback of at least 10 feet from all property lines. Such signs shall not exceed eight square feet on each of two sides and shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter of business being advertised. All such signs do not need a sign permit. For commercial, professional and industrial use, a sign shall not exceed 20 square feet. Real estate signs shall be removed at the time of closing, commencement of lease or completion of the alterations or repairs.
I.
Subdivision signs.
(1)
Each subdivision of more than two contiguous lots and each planned unit development may have one sign along each arterial or collector road which the tract in question abuts, provided that there exists at least 250 feet of unbroken frontage. Such sign(s):
(2)
Subdivision signs shall be removed within 90 days of completion of development.
J.
Two-sided signs. Two-sided signs shall be measured for area by using the surface area of one side of the sign only. Both sides may be used.
K.
Temporary signs. Temporary signs shall not be lighted.
L.
Color. No sign shall have more than three colors, inclusive of its background frame and decorative parts. For the purpose of this subsection, black and white shall be considered colors.
[Amended 9-16-2010 by Ord. No. 16-10]
M.
Exempt municipal signs. Signs of a noncommercial nature and in the public interest erected by or on the order of a public officer in the performance of his public duty, such as safety signs, memorial plaques, signs of historical interest and the like, are not subject to the provisions of this § 209-40. Signs erected by public schools shall also be exempt from the provisions of § 209-40.
[Amended 3-8-2016 by Ord. No. 7-16]
N.
Site plan review. Site plan review and approval shall be required for all signs in any district with the following exceptions:
[Amended 8-25-2020 by Ord. No. 15-20]
(1)
The following signs in commercial and industrial districts are exempt from site plan approval;
(a)
Replacement wall signs in the same size and location unless the replacement contains a nonconformity which than requires appropriate relief.
(b)
Reskinning existing wall or freestanding sign faces unless the reskinning contains a nonconformity which requires appropriate relief.
(c)
Replacement or reskinning of awnings unless the replacement or reskinning contains a nonconformity which requires appropriate relief.
(d)
New wall signs conforming to Maywood's zoning ordinances which include but are not limited to: area, colors, locations, lighting.
(2)
Signs permitted in residential districts are that are exempt from site plan approval are:
(a)
Street number designations, postal boxes, on-site directional and parking signs, warning signs and signs posting property as private property that do not exceed the permitted sign area calculations.
(b)
In association with a home professional use, a sign not exceeding 144 square inches of display surface on a residential building, stating merely the name and profession of the occupant shall be permitted.
(c)
Real estate sign shall be permitted as set forth herein.
(d)
Unless otherwise provided herein, signs limited to a maximum area of four square feet and used only to advertise a sale or event occurring on one to seven particular days. Such signs may not be displayed more than 30 days before the sale or event and must be removed the last day of the sale or event.
O.
Sign permits. Sign permits shall be required for all signs with an area greater than called for in Subsection H of this section. Permits shall be obtained from the Construction Official or his designee. Signs displayed without a permit may be removed by the municipality at the owner's expense. Fees for the permit shall be required as set forth in the Fee Schedule.
(1)
Fee Schedule.[2] Application for a permit to erect a sign shall be accompanied by a fee as set forth in the current Fee Ordinance. The application shall contain the following information:
(a)
The name, address and telephone number of the applicant.
(b)
The location of the building, structure or lot to which the sign is to be attached or erected.
(c)
The position of the sign in relation to nearby buildings or structures.
(d)
The name of the person, firm, corporation or association erecting the sign.
(e)
A scale drawing of the sign.
(2)
Examination of premises; commencement of work.
(a)
The Construction Official, upon receipt of an application, shall examine the premises upon which it is proposed to erect the sign. If the proposed sign is in compliance with all of the requirements of this Part 2 and all other laws and ordinances of the Borough, the Construction Official shall then issue the permit.
(b)
If the work authorized under a permit is not started within three months after the date of issuance, the permit shall become null and void, and no fees shall be refunded.
(3)
Denial of permit. If the proposed sign does not comply with the requirements of this Part 2 or any other law or ordinance of the Borough, the Construction Official shall have the authority to deny the permit. Such denial must be in writing, spelling out the reasons for the denial.
(4)
Permit fee exemptions.
(a)
No permit fee shall be required for the erection of signs as hereinafter set forth:
[1]
A sign not exceeding 144 square inches of display surface on a residential building, stating merely the name and profession of the occupant.
[2]
Signs pertaining to issues of general community interest may be erected for a period not to exceed 30 days, provided that the maximum area of any such sign does not exceed 100 square feet.
(b)
Exemptions permitted in this subsection shall apply only to the requirement of a permit and shall not be construed as relieving the owner of the sign from responsibilities for its erection and maintenance in a good and safe condition.
P.
District regulations. No signs shall be permitted in the Borough of Maywood except for the following:
(1)
In residential districts:
(a)
Street number designations, postal boxes, on-site directional and parking signs, warning signs and signs posting property as private property, no hunting or similar signs are permitted but are not to be considered in calculating sign area.
(b)
For churches, schools and school administrative buildings, one freestanding sign not exceeding 12 square feet, plus one attached sign not exceeding 25 square feet, shall be permitted.
(c)
In association with a home professional use, a sign not exceeding 144 square inches of display surface on a residential building, stating merely the name and profession of the occupant shall be permitted.
(d)
Real estate signs shall be permitted as set forth herein.
(e)
Unless otherwise provided herein, signs shall be limited to a maximum area of four square feet and may only be used to advertise a sale or event occurring on one to seven particular days. Such signs may not be displayed more than 30 days before the sale or event and must be removed the last day of the sale or event.
(f)
All signs in these districts shall have a sign setback of at least 10 feet and be set back from side yards at least 10 feet. Permanent signs may be internally lighted only.
(2)
In commercial and light industrial districts:
(a)
Wall signs.
[1]
One wall sign per established business expressly related to the business conducted on the premises for each street frontage. The square footage of any wall sign shall not exceed a total of 10% of the building face, including the window area, associated with the business to which the signage relates, and not 10% of the total square footage of the entire face of the building.
[Amended 3-8-2016 by Ord. No. 7-16]
[2]
No wall sign shall project higher than the highest point of the parapet or facade of the building to which it is affixed, nor shall it project over 12 inches from the face of the building nor beyond the property line bounding the property upon which it is erected.
(b)
One ground sign per street frontage of a parcel of property for use by the establishments located thereon, which sign shall not exceed 18 square feet in size.
[Amended 3-8-2016 by Ord. No. 7-16]
(c)
A shopping center or professional office consisting of more than five separate uses grouped together may have one freestanding, lighted, but nonmoving principal sign identifying the shopping center along each arterial or collector road which the tract in question abuts, provided that there exists at least 200 feet of unbroken frontage. Each individual use may have a facade sign pursuant to Subsection P(2)(a) and (b) above but may not have a freestanding sign. Where uses share a common walkway, each use served by the walkway may have one additional principal sign identifying the use suspended in perpendicular fashion from the roof over the walkway.
(d)
Temporary signs shall be limited to a sign area of four square feet and may only be used to advertise a sale or event occurring on one to seven particular days. Such signs may not be displayed more than 30 days before the sale or event and must be removed the last day of the sale or event. Signs intended for identification, direction and safety may be erected in the SP District consistent with the regulations contained herein.
(e)
Real estate signs shall be permitted as set forth herein.
Q.
General regulations.
(1)
No sign shall be erected, constructed and maintained so as to obstruct any fire escape, window or door or opening used as a means of egress or for fire-fighting purposes or so as to prevent free passage from one part of a roof to any other part thereof. No sign shall be attached in any form, shape or manner to a fire escape or be so placed as to interfere with any opening used for ventilation.
(2)
No illuminated sign shall be of the flashing, spelling or moving type. No outside sign shall be lighted or remain lighted between the hours of 12:00 midnight and 7:00 a.m. unless the establishment using said sign is open for business to the public during said hours, in which event any such establishment may continue the operation of said sign after 12:00 midnight and until said establishment is closed to the public.
(3)
Roof signs are not permitted.
(4)
Projecting signs shall be securely attached to a primary structure.
(5)
No moving signs are permitted in any district.
R.
Abandoned signs; notice to remove. Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold shall be taken down and removed by the permittee, owner, agent or person having the beneficial use of the building or structure upon which such sign may be found within 30 days after written notification from the Construction Official. The Construction Official shall file a written complaint with the Municipal Court alleging a violation of this Part 2.
S.
Nonconforming signs. Any signs in existence on May 29, 1979, which would be in violation under the provisions of this Part 2 may be continued in such building, structure, lot or land so occupied; provided, however, that such signs were lawful on or after March 21, 1967, by way of exemption contained in Maywood Borough Ordinance No. 608, Section 11. However, such signs shall not be altered, enlarged, extended or relocated unless such action changes a nonconforming sign into a conforming sign as provided herein.
T.
Off-premises advertising signs are prohibited anywhere within the Borough of Maywood, except as permitted as a conditional use within the HDO High Density Office Zoning District.
[Added 5-21-2009 by Ord. No. 7-09]
U.
Election sign. Any sign promoting the election or defeat of any candidate, candidates or slate of candidates or promoting the passage or defeat of any public question or publicly voted-upon budget in any public election conducted within the Borough pursuant to law.
[Added 4-23-2013 by Ord. No. 2-13]
(1)
No such sign shall be permitted within any portion of any public right-of-way within the Borough.
(2)
No such single sign permitted hereunder shall exceed an area on its face greater than nine square feet.
(3)
No such sign otherwise permitted hereunder shall be installed closer than 10 feet from the curbline.
(4)
It is recommended that no such sign otherwise permitted hereunder be erected prior to 30 days before nor remain erected later than four days following the election of the candidates or proposition/ballot question or proposal referred to in such sign or signs is to be voted upon.
(5)
Such signs shall be permitted in all zoning districts.
§ 209-41 Nonconforming uses and buildings.
A.
Continuation of nonconforming uses and structures. Any lawful, nonconforming use which existed on May 29, 1979, may be continued, but no such use or building shall be extended, enlarged, reconstructed or structurally altered unless the purpose of said extension, enlargement, reconstruction or alteration is designed or intended to make the use or the structure a conforming use under the terms of this Part 2.
B.
Extension; reversion. No nonconforming use shall be extended at the expense of a conforming use. A nonconforming use changed to a conforming use shall not hereinafter revert to a nonconforming use.
C.
Abandonment. A nonconforming use shall not be continued if it is abandoned by the owner. The subsequent use of the abandoned building, structure and/or land shall be in conformity with this chapter. Maintenance may be made to a nonconforming use, structure or lot, provided that the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose or increase the nonconformity in any manner.
[Amended 4-25-2001 by Ord. No. 13-01]
D.
Restoration. Any nonconforming building, structure, or use that has been condemned or substantially totally destroyed may be rebuilt to the original specifications only upon approval of a variance as provided by the Municipal Land Use Law.[1] A nonconforming structure or a structure containing a nonconforming use that is partially destroyed may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure and does not otherwise increase the intensity of the nonconformity.
[Amended 4-25-2001 by Ord. No. 13-01]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
E.
Completion of existing buildings. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has heretofore been issued and where actual construction has been commenced and which construction has diligently proceeded.
F.
Enlargement of nonconforming structures within one-and two-family residential zones. A one- or two-family dwelling in a one- or two-family residential zone which is nonconforming by reasons of minimum required lot size, minimum required lot width or depth, coverage, height or yard setback regulations may be altered or enlarged, provided that any such alteration or enlargement shall itself fully comply with all applicable zoning regulations and shall not increase the degree of nonconformity of the existing structure with respect to height, coverage and/or yard setback regulations; provided, however, that the nature of the use shall not be changed from one- or two-family residential use.
G.
Repair or rebuilding of certain lawful nonconforming one- or two-family residential structures. A lawful, preexisting one- or two-family residential structure which is nonconforming as to lot size or lot frontage may be repaired or rebuilt in the event of either partial or total destruction thereof, provided that the use thereof does not violate any provisions of the current Zoning Ordinance then in effect, and provided that such repair or rebuilding does not increase the degree of nonconformity of such preexisting structure immediately prior to such partial or total destruction.
§ 209-41.1 Display of certain merchandise.
[Added 6-25-1996 by Ord. No. 3-96]
No person shall display within any premises within the Borough of Maywood any visual representation which depicts or describes specified sexual activities, specified anatomical areas or a state of nudity or any instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities in such a manner so as to be visible from any public street, sidewalk or public place, nor within the interior of any premises used for retail or commercial purposes and to which the public is invited, except as follows:
A.
Such display shall be confined to a room or other enclosure, the interior of which shall not be visible from any other portion of the premises.
B.
The entrance to such room or other enclosure shall contain a warning, in letters no less than two inches in height, that "Persons under 18 years of age not permitted."
C.
No person under the age of 18 years of age shall be permitted within any such room or enclosure.
§ 209-41.2 Limitations on sexually oriented businesses.
[Added 6-25-1996 by Ord. No. 3-96]
Except as permitted and limited within the Sexually Oriented Business Overlay District (SOB), no sexually oriented business shall be permitted within the Borough of Maywood.
§ 209-41.3 Uses permitted in accordance with state law.
[Added 4-25-2001 by Ord. No. 13-01]
A.
Residential zones.
(1)
The following group homes, community residences and child-care facilities shall be permitted uses in all residential zones as required by state law:
(a)
Group homes for no more than 12 children shall be permitted in all residential zones, as required by N.J.S.A. 40:55D-66c.
(b)
Licensed community residences for no more than 15 developmentally disabled persons, state-approved community shelters for no more than 15 victims of domestic violence, community residences for no more than 15 terminally ill persons and community residences for no more than 15 persons with head injuries shall be permitted uses in all residential zones as required by and defined by N.J.S.A. 40:55D66.1 and 40:55D-66.2.
(c)
Family day-care homes as defined by and subject to the terms of N.J.S.A. 40:55D-66.5a to 40:55D-66.5b, shall be permitted uses in all residential zones.
(2)
Permitted uses in all residential zones shall include the rental or leasing of a room or rooms in a single-family dwelling owned and occupied by a senior citizen as long as the senior citizen owns and also occupies the single family dwelling. For the purposes of this section, "senior citizen" means any person who has attained the age of 62 or the spouse or surviving spouse of a senior citizen, if the surviving spouse is 55 years of age or older as required by N.J.S.A. 40:55D-68.4 to 40:55D-68.6.
B.
Nonresidential zones. Child-care centers for which, upon completion, a license is required from the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.) shall be a permitted use in all nonresidential districts. The floor area occupied in any building or structure used as a child-care center shall be excluded in calculating any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate, under state or local laws or regulations adopted thereunder and the permitted density allowable for that building or structure under any applicable provision of this chapter, all as mandated by N.J.S.A. 40:55D-66.6.
§ 209-41.4 Electric vehicle charging stations.
[Added 11-10-2020 by Ord. No. 18-20]
A.
Electric vehicle charging stations permitted.
(1)
Electric vehicle charging stations are permitted in all districts and shall be deemed as a permitted accessory use.
B.
Electric vehicle charging stations required.
(1)
For every newly permitted commercial structure with more than 10 parking spaces, 10% of the total number of parking spaces shall be provided with electric vehicle charging stations (EVCS).
(2)
In the event of a fraction, the number shall be rounded up.
(3)
For projects being developed in phases requiring the installation of future electric vehicle charging stations (EVCS) to satisfy the required number for the project, the location shall be identified on the site plan. A sufficient number of EVCS must be provided for each phased section before a certificate of occupancy can be issued.
C.
Electric vehicle charging stations signage and markings.
(1)
All electric vehicle parking spaces shall be prominently designated with a permanent aboveground sign. The property owner or operator may establish the hours during which vehicles may be charged and the length of charging time permitted per vehicle.
D.
Single EVCS required.
(1)
When only one EVCS space is required, a 208/240-volt individual branch or circuit or a listed raceway to accommodate a future individual branch circuit shall be installed according to the currently adopted version of the National Electric Code.
E.
Multiple EVCS required.
(1)
Site plans shall indicate the raceway termination point and proposed location of all required and future EVCS and electric vehicle chargers. Electric vehicle supply equipment shall be installed in accordance with the currently adopted version of the National Electric Code.