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is the intent of this Part 2 to repeal, abrogate and annul any existing ordinances which are specifically or impliedly repealed by this Part 2.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.
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.
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. 
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:
ABUT
Immediately adjacent, contiguous or not separated by any space.
ACCESSORY BUILDING
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]
ACCESSORY USE
That use naturally and normally incident to and subordinate to the primary function of the premises.
ADJOIN
See "abut."
ADULT ARCADE
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]
ADULT NOVELTY STORE
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]
ALTERATION OF BUILDING
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.
AMATEUR RADIO STATION
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]
AMATEUR RADIO ANTENNA
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]
AMATEUR RADIO ANTENNA SUPPORT STRUCTURE
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]
ANTENNA
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]
ANTENNA STRUCTURE
A structure used to mount antennas as part of a telecommunications facility.
[Added 11-18-2004 by Ord. No. 25-04]
APPROVING AUTHORITY
The Planning Board of the municipality, unless a different agency is designated by ordinance, when acting pursuant to the authority of the Municipal Land Use Law, Chapter 291 of the Laws of 1975.[1]
AREA
The surface measure on a horizontal plane.
ASSEMBLY, PLACE OF
The place or location where 30 or more people meet together.
BILLBOARD
See "off-premises advertising signs."
[Amended 5-21-2009 by Ord. No. 7-09]
BOARDING- OR LODGING HOUSE
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).
BOARD OF ADJUSTMENT
The Board established pursuant to Section 56 of the Municipal Land Use Law, Chapter 291 of the Laws of 1975.[2]
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING AREA
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.
BUILDING COVERAGE
The percentage of the lot or plot area occupied by the building area.[3]
BUSINESS
Any professional mercantile or service activity, pursuit, occupation or employment conducted for compensation, either at wholesale or retail.
CARPORT
The covered or roofed portion of the driveway or covered or roofed open-sided structure adjacent to the driveway or garage.
CELLAR/BASEMENT
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]
CERTIFICATE OF OCCUPANCY
A certificate by the Construction Official that all of the provisions of the building permit as set forth in the application, including the plot plan, have been complied with, together with all of the terms and provisions of this Part 2 and the Building Code.[4]
DUMP
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.
DWELLING UNIT
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.
EQUIPMENT SHELTER OR CABINET
A structure containing equipment designed to be used as part of a telecommunications facility.
[Added 11-18-2004 by Ord. No. 25-04]
ERECT
To construct, make, build, alter, remodel or create, including the moving, removing and assembling of any structure or part thereof.
FACILITY FOR THE GROWING, SALE AND/OR DISPENSATION OF MARIJUANA
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]
FAMILY
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.
FILLING STATION
See "service station."
FLOOR AREA
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]
FLOOR AREA RATIO (FAR)
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]
GARAGE, PRIVATE
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.
GARAGE, PUBLIC
A building devoted to the business of repairing, storing, selling and servicing motor vehicles.
HEIGHT
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]
HOME CHILD CARE
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.
HOME PROFESSIONAL OFFICE
A professional office located within a dwelling and which is conducted by the resident thereof, subject to the following restrictions and limitations:
(1) 
Not more than two persons at work on the premises at any one time, in addition to the resident professional, may be employed.
(2) 
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.
(3) 
A home professional office shall not include the purchase or the sale of goods kept or displayed on the premises.
(4) 
There shall be no external evidence of such home professional office except a small announcement or a professional sign in accordance with the terms of this Part 2 limiting the size and construction of signs.[5]
HOSPITAL
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.
HOTEL
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]
IMPERVIOUS MATERIALS
Buildings, structures, concrete, asphalt, brick, pavers, flagstone and other paved surfaces.
[Added 5-8-2008 by Ord. No. 14-08]
INDUSTRY/MANUFACTURING
The conversion of raw, semi-finished or finished materials into the product of another character, form, use or finish.
JUNKYARD
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.
LOT
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.
LOT AREA
The total horizontal area included within the lot lines.
LOT, CORNER
A lot at the junction of and having frontage on two or more intersecting streets.
LOT COVERAGE
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]
LOT LINE
Any boundary line of a lot.
LOT, WIDTH OF
The width of the lot at the setback line.
MAIN OR PRINCIPAL USE OR PRINCIPAL BUILDING
The principal or most important use or principal building on a lot.
MONOPOLE
An antenna structure consisting of a single pole.
[Added 11-18-2004 by Ord. No. 25-04]
MUNICIPAL RESIDENT
A person who is domiciled in the municipality.
[Added 4-25-2001 by Ord. No. 13-01]
NONCOMMERCIAL TRUCK
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]
NONCONFORMING LOT
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.
NONCONFORMING STRUCTURE
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.
NONCONFORMING USE
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.
NONPASSENGER VEHICLE
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]
NUDITY or STATE OF NUDITY
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]
NURSING HOME
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]
OFFICIAL VEHICLE
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]
OFF-PREMISES ADVERTISING SIGN
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]
OFF-SITE
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]
OFF-TRACT
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]
ON-SITE
Located on the lot in question and excluding any abutting street or right-of-way.
ON-TRACT
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]
OWNER
Any person, firm, association, partnership or corporation owning or controlling property, and including duly authorized agents or attorneys.
(1) 
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.
(2) 
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.
PARKING AREA
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.
PARKING SPACE
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.
PASSENGER VEHICLE
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]
PLACE OF ASSEMBLY
See "assembly, place of."
PRIVATE SWIMMING POOLS
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]
PROFESSIONAL OFFICE
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.
RECREATIONAL VEHICLE
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:
(1) 
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.
(2) 
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.
(3) 
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]
(4) 
Motor homes which are constructed on a truck or motorvan chassis and incapable of being separated therefrom.
(5) 
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.
RELIGIOUS INSTITUTION
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]
RESTAURANT
An establishment where food and beverages are prepared, served, and consumed.
[Added 3-19-2009 by Ord. No. 4-09]
ROOFLINE
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]
SALES, GARAGE, YARD, ETC.
The offering for sale of any merchandise in the A-1, A-2 and GA Zones.
SERVICE STATION
An establishment devoted primarily to the business of repairing, servicing, washing and reconditioning motor vehicles.
SEXUALLY ORIENTED BUSINESS
An adult arcade or adult novelty store.
[Added 6-25-1996 by Ord. No. 3-96]
SHED
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]
SIGNAGE
See Chapter 209, § 209-40.
[Amended 3-8-2016 by Ord. No. 7-16]
SPECIFIED ANATOMICAL AREAS 
[Added 6-25-1996 by Ord. No. 3-96]
The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES 
[Added 6-25-1996 by Ord. No. 3-96]
Includes any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.
(3) 
Masturbation, actual or simulated.
(4) 
Excretory functions as part of or in connection with any of the activities set forth in Subsections (1) through (3) above.
STORY
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]
STORY, HALF
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]
STREET
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.
STREET LINE
The dividing line between a street and a lot; the line marking the bounds of the public right-of-way.
STRUCTURE
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]
TATTOO/BODY PIERCING PARLOR
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]
TELECOMMUNICATIONS FACILITIES
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]
TOBACCO/NICOTINE/HOOKAH/ELECTRONIC SMOKING DEVICE RETAIL ESTABLISHMENTS
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]
TOWER
An antenna structure consisting of a lattice structure or frame.
[Added 11-18-2004 bu Ord. No. 25-04]
TOWNHOUSE
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]
TRADE
See "business."
TRAILER CAMP
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."
USED CAR LOT
Any place out-of-doors where two or more motor vehicles are displayed or offered for sale.
YARDS
(1) 
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]
(2) 
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.
(3) 
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.
[4]
Editor's Note: See Ch. 148, Construction Codes, Uniform.
[5]
Editor's Note: See § 209-40, Signs.
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.
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.
[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.
Dwellings, as defined herein, are specifically prohibited in the RC, LL and PC Districts.
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]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq. and Ch. 148, Construction Codes, Uniform.
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.
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.
[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.
[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;
(4) 
Preserve the intent and purpose of the Maywood Master Plan and Part 2 of this chapter;
(5) 
Provide adequate protection of the visual environment of residential and commercial areas within the Borough of Maywood;
(6) 
Further the purposes of the Municipal Land Use Act[1] and comply with the Federal Telecommunications Act; and
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(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]
[2]
Editor's Note: See Ch. 247, Property Maintenance.
[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:
(1) 
Upon said lot shall be located a residence dwelling, as defined in the Zoning Ordinance of the Borough,[1] or unless said lot shall be located immediately adjacent to the owner's residence.
[1]
Editor's Note: See Ch. 209, Land Use, Part 2, Zoning.
(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.
C. 
Nothing contained herein shall be deemed to permit a variation or waiver of any of the requirements of Chapter 291[2] of the Code of the Borough of Maywood or the provisions of the Uniform Construction Code[3] respecting swimming pools.
[2]
Editor's Note: See Ch. 291, Swimming Pools.
[3]
Editor's Note: See Ch. 148, Construction Codes, Uniform.
[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).
(3) 
The application for a permit shall be submitted to the Construction Official with a nonrefundable application fee made payable to the Borough of Maywood as set forth in § 169-1 of Chapter 169 hereof relating to fees.
(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.