A. 
Continuation. Any lawful use of a building or land existing at the effective date of this chapter may be continued although such use does not conform to the provisions of this chapter.
B. 
Extension. A nonconforming use of a building or land may not be extended or enlarged unless the Board of Adjustment approves said extension or enlargement pursuant to N.J.S.A. 40:55D-70d. Said extension or enlargement shall be immediately adjacent to the existing nonconforming use and shall conform to the area and height regulations of the district in which it is situated.
C. 
Changes. A nonconforming use of a building or land may be changed to a nonconforming use of the same or more restricted classification, subject to Zoning Board approval. Whenever a nonconforming use of a building or land has been changed to a use of a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification.
D. 
Restoration. Any nonconforming building, structure or use that has been condemned or damaged by fire, explosion, flood, windstorm or Act of God shall be examined by the Construction Official. If, in the opinion of the Construction Official, the cost of repair is greater than 60% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a variance. If the cost of repair is less than 60% of the value of replacing the entire structure, it may be rebuilt and used for the same purpose as before, provided that it is rebuilt within one year and does not exceed the height, area and volume of the original structure. The percent damaged shall be the current replacement costs of the portion damaged or condemned, computed as a percentage of the current total replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is involved in the repair.
E. 
Abandonment. A nonconforming use shall be presumed abandoned if it is terminated by the owner or if a nonconforming use involving a structure is discontinued for 12 consecutive months or if a nonconforming use of land ceases for a period of 12 months. The subsequent use of the abandoned building, structure and/or land shall be in conformance with this chapter.
F. 
Repairs and maintenance. Minor work and ordinary repairs as defined in and regulated by the Uniform Construction Code[1] may be made to a nonconforming use, structure or lot, provided that the 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 nonconforming purpose or increase the nonconformity in any manner.
[1]
Editor's Note: See Ch. 75, Construction Codes, Uniform.
A building may be erected on any lot held in single and separate ownership at the effective date of this chapter which is not of the required minimum area or width when approved by the Board of Adjustment in accordance with law, provided that adequate sanitation provisions shall be made.
The Planning Board may approve as a conditional use the conversion of any dwelling existing at the effective date of this chapter into a dwelling for not more than three families, subject to the following requirements:
A. 
The lot area per family, yards and building area shall not be reduced to less than the requirements for the district.
B. 
Off-street parking stalls in the size and number as set forth in Article XV of this chapter shall be provided.
C. 
No structural alteration of the building exterior shall be made except as may be necessary for the purpose of sanitation or safety.
D. 
Such conversion shall be authorized only for a large building that has relatively little economic value or usefulness as a singe family or other conforming use.
E. 
The Board of Adjustment may prescribe such further conditions with respect to the conversion and use of such building as it deems appropriate in accordance with § 205-78.
A. 
No building may be erected, altered or used and no lot or premises may be used in a residence or commercial district for any use which is noxious or offensive by reason of odor, dust, vibration, illumination or noise or which constitutes a public hazard whether by fire, explosion or otherwise in the immediately surrounding area. In the BD Business Development District, no use that shall create a noxious, offensive or hazardous condition beyond a manufacturing district boundary line shall be permitted. In determining whether a proposed manufacturing use is noxious, hazardous or offensive, the standards set forth in § 205-35 shall apply.
(1) 
The applicant for a use which is subject to review by the Board of Adjustment shall demonstrate, as a condition of approval, that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed use will not be noxious, hazardous or offensive as defined above. In order to determine that adequate safeguards are provided, the Zoning Officer or the Board of Adjustment may:
(a) 
Require that the applicant submit necessary information, plans, impartial expert judgment and written assurances.
(b) 
Obtain the expert advice of official agencies or of private experts or consultants.
(c) 
Make such reasonable tests as are deemed necessary.
B. 
Attached (row) or semidetached buildings used exclusively as dwellings shall not be permitted in any district.
C. 
No lot or premises may be used for a trailer camp.
D. 
The excavation or removal of sand, gravel, topsoil or similar materials shall not be permitted for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto.
E. 
Rooming houses shall be prohibited in all zoning districts.
F. 
The following adult activities as described herein are expressly prohibited in all zoning districts except as may be permitted and regulated in accordance with § 205-34:[1]
(1) 
Adult activities, including but not limited to uses commonly referred to as "adult bookstores," "adult movies," "adult live entertainment" and "massage parlors."
(a) 
For purposes of the following subsections, the following phrases shall have the following definitions:
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered human genitals, pubic region, buttock and/or female breast below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Human genitals in a state of sexual stimulation or arousal; or acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(2) 
Adult bookstore. No person, firm or corporation, or other entity shall establish a bookstore, newsstand or book department in which more than 10% of the floor area devoted to public viewing is used to display books, magazines and/or other written and/or pictorial matter which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities as defined herein.
(3) 
Adult movies. No person, firm, corporation or other entity shall offer for viewing through coin-operated motion-picture devices any movie or live performance or other form of display, or offer at a charge or fee any video, movie, live performance, or other form of display which has substantial or significant displays of specified anatomical areas or specified sexual activities as defined herein.
(4) 
Adult live entertainment. No person, firm, corporation or other entity shall use, feature, permit or offer for view dancers, strippers, nude or seminude entertainers or other persons engaging in showing or exhibiting specified anatomical areas or specified sexual activities as defined herein.
(5) 
Massage parlors. No person, firm, corporation or other entity shall use, feature or permit massages or the rubbing down of persons by members of either sex where the massage includes specified anatomical areas or specified sexual activities as defined herein; provided, however, that nothing herein shall be deemed to prohibit the use or giving of massages at a business or building where the use or business of the massage is an accessory use to a primary use permitted by this chapter.
(6) 
Adult activities generally. Any use not defined in Subsection F(1) above that demonstrates, uses, exhibits or otherwise involves specified anatomical areas or specified sexual activities as defined above.
[1]
Editor's Note: See also Ch. 162, Sexually Oriented Businesses.
G. 
No person shall have or keep in his possession any goats, sheep, cattle, swine or horses within the limits of the Township. No person shall have or keep in his possession any live chickens, pigeons or other fowl nor shall any person have or keep in his possession any animal for the purpose of breeding or permitting the breeding or raising of animals on any property which such person shall own or otherwise control. This subsection shall not apply to cats or dogs which are governed by other sections of the Township Code.
[Added 4-18-2001 by Ord. No. 2001-5]
H. 
The placing, abandonment, leaving, parking, storing or maintaining of any uninspected, unregistered, unlicensed, disabled, dismantled or inoperable motor vehicle, boat, camper, machinery or mechanical equipment out of doors or on any private or public lands in the Township of Maple Shade is hereby prohibited.[2]
[Added 4-18-2001 by Ord. No. 2001-5]
[2]
Editor's Note: Former Subsection I, regarding cannabis establishments, added 6-24-2021 by Ord. No. 2021-06, which immediately followed this subsection, was repealed 4-25-2024 by Ord. No. 2024-07.
A. 
Front yard exceptions. In R-1 and R-2 Residence Districts, DB Downtown Business Districts, C General Commercial Districts and HC Highway Commercial Districts, the front yard of a proposed building may be decreased in depth to the average alignment of existing buildings within 100 feet on each side of the proposed building and within the same block if such alignment of existing buildings is less than the front yard requirement for the district.[1]
[1]
Editor's Note: Subsection B, regarding yard exception for private garage or accessory building, which immediately followed this subsection, was repealed 10-7-2009 by Ord. No. 2009-23.
On any corner lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained, which may cause danger to traffic on a street or public road by obscuring the view.
In any instance where the Board of Adjustment is required to consider an exception or variance in this chapter or Zoning Map in accordance with the provisions of this chapter, the Board of Adjustment shall, among other things:
A. 
Assure itself that the proposed change is consistent with the spirit, purpose and intent of this chapter.
B. 
Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded.
C. 
Determine that the proposed change will serve the best interests of the Township, the convenience of the community, where applicable, and the public welfare.
D. 
Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection and public schools.
E. 
Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable.
F. 
Impose such conditions, in addition to those required, as are necessary to assure that the intent of this chapter is compiled with, which conditions may include but are not limited to harmonious design of buildings, plantings and maintenance thereof as a sight or sound screen, the minimizing of noxious, offensive or hazardous elements and adequate standards of parking and sanitation.
This chapter shall not apply to existing property or to buildings or structures used or to be used by public utilities in furnishing service if, upon petition of the public entity, the Board of Public Utility Commissioners shall, after a hearing of which the Township Council shall have notice, decide that the present or proposed situation of the building or structure in question is reasonably necessary for the service, convenience or welfare of the public.