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.
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.
(f)
Such other information as the Construction Official
shall require to show full compliance with this Part 2 and all other
laws and ordinances of the Borough.
(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.
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.
[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.
[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.
[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.
[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.
