As used in this chapter, the following terms shall
have the meanings indicated:
ACCESSORY USE OR BUILDING
A subordinate use or structure, the purpose of which is incidental
to that of the main use or building on the same lot. Where an accessory
building is attached to a principal building in a substantial manner
by a wall or roof, such accessory building shall be considered part
of the principal building.
ADDITION
An extension or increase in floor area or height of a building
or structure.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or in the means of egress; or an addition.
APARTMENT
A dwelling unit in a building having three or more dwelling
units where entrances, hallways, basements, attics, heating systems,
yards and similar services are shared in common, singularly or in
combination.
APPROVING AUTHORITY
The Planning Board, unless a different agency is designated
in this chapter pursuant to the Municipal Land Use Law.
ASSISTED LIVING
A level of care between intermediate nursing care and independent
living. Typical assisted living patients require help in one or two
normal daily living activities, but otherwise are physically and mentally
able to live independently.
[Added 3-20-1990 by Ord. No. 1824; amended 4-3-1990 by Ord. No.
1823]
AUTOMOBILE SERVICE STATION
Land and building providing for the sale of fuel, lubricants
and automotive accessories and for maintenance and repairs of motor
vehicles, whether as a sole use or in combination with other commercial
activities.
BASEMENT
That portion of a building lying partly underground but having
less than one-half (1/2) of its clear height below the average grade
of the adjoining ground. The "basement" shall be counted as a story
in determining the height of a building.
BED-AND-BREAKFAST
A bed-and-breakfast establishment [bed-and-breakfast(s)]
is a detached single-family residence ("residence") with no more than
four rooms available to guests for lodging. The residence shall be
owner-occupied and managed. The maximum number of guests staying at
the bed-and-breakfast at any one time shall be no more than eight
individuals, including children over the age of six. A breakfast shall
be the only food service available for guests. Food and lodging are
to be included in one stated price.
[Added 7-5-2006 by Ord. No. 2357-06]
BILLBOARD
An off-site lettered or pictorial advertising sign.
BOARDER
An individual over the age of 18, other than a member of
the family, who occupies a bedroom in a dwelling unit for a consideration
and who may be furnished meals or other services as part of the consideration.
A bedroom occupied by a boarder in a dwelling unit shall not be permitted
to have any kitchen facilities within the bedroom.
[Added 11-6-1996 by Ord. No. 2005-96; amended 4-21-2009 by Ord. No. 2584-09]
BUILDING COVERAGE
The area of a lot covered by buildings measured around the
periphery of the foundation(s).
BUILDING HEIGHT
The vertical distance to the highest point of the building
from the average elevation of the finished grade around the foundation.
The building's highest point shall exclude chimneys, mechanical equipment,
elevator towers and flagpoles, none of which shall extend above the
highest point of the building by more than 20% unless otherwise permitted
in this chapter.
(1)
The average ground elevation shall be calculated
by measuring the elevation at ten-foot intervals around the periphery
of the foundation.
(2)
The "building height" shall not exceed the maximum
allowed in the zoning district by more than five feet from the lowest
elevation around the periphery of the foundation.
(3)
Where soil or rock removal lowers the ground
elevation around the periphery of the foundation, the "building height"
shall be based on the lowered elevation.
(4)
Where fill raises the ground elevation around
the periphery of the foundation, "building height" shall be based
on the elevation as it existed prior to the use of fill, unless the
fill will make the final grade a continuation of that which surrounds
the construction site.
CELLAR
That portion of a building lying partly underground but having
at least one-half (1/2) of its clear height below the average grade
of the adjoining ground. The "cellar" shall not be counted as a story
in determining the height of a building.
COMMON PROPERTY
Land or water, or a combination, together with improvements
within or related to a development and designed and intended for the
use or enjoyment of residents of the development. "Common property"
includes common open space and may contain such complementary structures
and improvements as are necessary and appropriate for its use or enjoyment.
COMPLETE APPLICATION
Submission of an application form provided by the Township
and completed by the applicant, together with all accompanying documents
required by this chapter for approval of the application for development.
The approving authority may require additional information not specified
in this chapter and revisions in the accompanying documents as are
reasonably necessary to make an informed decision as to whether the
requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the approving authority. An application shall
be certified as complete immediately upon the meeting of all requirements
specified in this chapter and shall be deemed complete as of the day
it is so certified by the administrative officer for purposes of the
commencement of the time period for action by the approving authority.
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
A development of residential living units exclusively for
persons who are 60 years of age or older and for married couples with
at least one spouse being 60 years or older. A "CCRC" may include
single-family attached and multifamily independent living units, residential
health care units and nursing units. A "CCRC" may include health care
services and meals for residents with or without common dining facilities,
physical therapy facilities, meeting rooms, recreation facilities,
on-site service shops and other ancillary services customarily accessory
to the principal permitted uses.
[Added 3-20-1990 by Ord. No. 1824; amended 4-3-1990 by Ord. No.
1823]
CONVENIENCE STORE WITH A FUELING STATION
Any building, land area or other premises used for a convenience
store, which is a store that stocks a range of everyday items such
as groceries, snack food, candy, toiletries, soft drinks, tobacco
products and newspapers, with an associated automotive fueling station,
which involves the retail dispensing or sales of fuels and oil from
a container for automobiles, light passenger trucks, and commercial
trucks but does not include the installation of tires, batteries and
similar vehicular accessories nor the renting, painting, cleaning
or detailing, body work, servicing, storage or repair of any vehicles.
[Added 8-18-2015 by Ord.
No. 2794-15]
CUL-DE-SAC
Shall be not longer than 600 feet and shall provide a turnaround
at the end with a radius of not less than 40 feet for the paved width
and 50 feet for the right-of-way width, and tangent whenever possible
to the right side of the road. If a "cul-de-sac" street is of a temporary
nature, a similar turnaround shall be provided and provisions made
for the future extensions of the street and reversion of the excess
right-of-way to the adjoining properties.
DESIGN REVIEW AND BEAUTIFICATION COMMITTEE
A committee appointed by the Township Committee to serve
in an advisory capacity to the Planning Board, the Zoning Board of
Adjustment, the Construction Official and the Site Plan Review Committee
for various special projects. This Committee shall be subordinate
to the Planning Board and the Zoning Board of Adjustment and it shall
not meet independently with applicants unless directed to do so by
either the Planning Board or the Zoning Board of Adjustment.
DWELLING, ATTACHED
One dwelling unit in a building containing three or more
dwelling units, with each dwelling unit extending from the ground
to the roof with individual outside access and no interior rooms or
hallways shared with other dwelling units.
DWELLING, MULTIPLE
A building containing more than two dwelling units, including
attached dwellings.
DWELLING UNIT
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one family.
EAT-IN RESTAURANT
A commercial establishment where food and drink are prepared,
served and consumed at tables on the premises and served either cafeteria-style
or by waiters or waitresses. An eat-in restaurant may simultaneously
conduct a take-out restaurant business on the same premises. An eat-in
restaurant requires a site plan review. A drive-up window is not permitted.
[Added 12-30-2003 by Ord. No. 2238-03]
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; operates, either
partially or exclusively, on electrical energy from the grid or an
off-board source that is stored on-board via a battery for motive
purpose. "Electric vehicle" includes: 1) a battery electric vehicle;
and 2) a plug-in hybrid electric vehicle.
[Added 10-15-2019 by Ord. No. 2972-19]
ELECTRIC VEHICLE CHARGING STATION
A public or private parking space that is served by battery
charging station equipment that has as its primary purpose the transfer
of electric energy (by conductive or inductive means) to a battery
or other energy storage device in an electric vehicle.
[Added 10-15-2019 by Ord. No. 2972-19]
FAST-FOOD RESTAURANT
Eating establishments where most of the cooked food is not
prepared to order but prepared prior to being ordered.
[Amended 12-30-2003 by Ord. No. 2238-03]
FUELING STATION
The dispensing, sale or offering for sale of motor vehicle
fuel which is dispensed from fixed fuel pumps into the fuel tanks
of motor vehicles.
[Added 8-18-2015 by Ord.
No. 2794-15]
GASOLINE SERVICE STATION
Any building, structure, place or location designated primarily
to supply motor vehicles with gasoline, oil, grease and supplies for
the inspection, testing and examination and repair thereof and to
maintain gasoline pumps and oil pumps for the purpose of selling gasoline
and oil.
[Added 8-18-2015 by Ord.
No. 2794-15]
GOLF COURSE
An area of 75 or more acres containing a full-sized golf
course of at least nine holes, together with usual accessory uses,
such as but not limited to a clubhouse, dining room, refreshment stand,
swimming pool and tennis courts, provided that the accessory uses
are incidental to the operation of the golf course.
GROSS FLOOR AREA
The area of all floors computed by using the inside dimensions
of the exterior walls of a building. In residential uses, the "gross
floor area" shall exclude the areas of garages, attics and cellars.
GUESTS
Persons who use the facilities of a bed-and-breakfast and
provide consideration to the owner of the bed-and-breakfast in return
for same.
[Added 7-5-2006 by Ord. No. 2357-06]
HOME-BASED BUSINESS
An activity carried on by a resident within a dwelling unit,
not involving on a regular and continuing basis the servicing of customers
or clients on the premises and not including bed-and-breakfast establishments.
[Added 12-19-2000 by Ord. No. 2139;
amended 7-18-2006 by Ord. No. 2363-06]
HOME OCCUPATION
An occupation being conducted wholly or in part from a residence
or the residential lot as an accessory use.
HOMEOWNERS' ASSOCIATION
A nonprofit corporation operating under a recorded land agreement
through which each lot or dwelling unit owner shall be a member; the
owner of each lot or dwelling unit is subject to a charge for a proportionate
share of the organization's expenses for activities and maintenance,
including maintenance costs levied against the association by the
Township; and each owner and tenant has a right to use the common
property.
HOTEL OR MOTEL
A commercial establishment offering temporary lodging which
may include accessory uses specifically intended to implement or enhance
such use for temporary lodgings, such as on-site restaurants and other
facilities for the consumption of food and beverages on the premises,
public meeting rooms, retail facilities, health and recreational facilities.
HOUSEKEEPING UNIT
One or more persons living together in one dwelling unit
on a fairly stable rather than transient basis, where the occupants
share the ordinary tasks of living in a dwelling unit, such as but
not limited to cooking and eating together, sharing inside and outside
chores and performing other functional duties and otherwise exhibiting
a kind of stability, permanency and functional life-style which is
equivalent to that of the traditional family unit.
HOUSING REHABILITATION FUND
A fund established for the purpose of financing the rehabilitation
of substandard housing occupied by low- or moderate-income households,
as defined in the New Jersey Fair Housing Act, and as provided for in the Maplewood Fair Share Compliance
Plan. The fund shall be administered by the Township Clerk, and in
addition to the provision of financing for rehabilitation of lower-income
housing, the fund may be used under certain circumstances, as set
forth in the Fair Share Compliance Plan, for financing a Regional
Contribution Agreement, as provided for in the Fair Housing Act.
[Added 3-20-1990 by Ord. No. 1824; amended 4-3-1990 by Ord. No.
1823]
INDEPENDENT LIVING UNIT
An age-restricted dwelling unit.
[Added 3-20-1990 by Ord. No. 1824; amended 4-3-1990 by Ord. No.
1823]
LOADING SPACE
An off-street berth on the same lot with a building or group
of buildings for the temporary parking of a vehicle while loading
or unloading.
LOT AREA
The area contained within the lot lines but not including
any portion of a street.
LOT, CORNER
A lot at the junction of and having frontage on two or more
intersecting streets or a lot bounded on two or more sides by the
same street, provided that the angle of intersection is less than
135°.
LOT COVERAGE
The area of a lot covered by all buildings and structures,
including driveways, parking lots, pedestrian walkways. swimming pools
and other man-made improvements on the ground surface which are more
impervious than the natural surface.
[Amended 9-5-2017 by Ord.
No. 2870-17]
LOT DEPTH
The distance between the front lot line and a line drawn
parallel to the front lot line through the midpoint of the rear lot
line.
LOT FRONTAGE
The distance between the side lot lines measured along the
street line. The minimum lot frontage shall be the same as the lot
width except that on curved streets with an outside radius of less
than 500 feet, the lot frontage may be reduced to not less than 50%
of the required minimum lot width, provided that the lot width can
be met at the required minimum building setback from the street line.
In the case of a corner lot, the lot frontage, lot width and front
yard setback shall be met from all streets.
LOT LINE
Any line, including the street line, forming a portion of
the boundary of a lot.
LOT WIDTH
The distance between side lot lines measured at the minimum
building setback from the street line.
LOW- AND MODERATE-INCOME HOUSING
Housing affordable to households of low and moderate income,
based on the following definitions:
(1)
LOW-INCOME HOUSEHOLDA household whose gross aggregate annual income at the time of purchase or rental does not exceed 50% of the median income for the geographic area in which the Township is located, as established and adjusted from time to time by the United States Department of Housing and Urban Development.
(2)
MODERATE-INCOME HOUSEHOLDA household whose gross aggregate annual income at the time of purchase or rental is between 50% and 80% of the median income for the geographic area in which the Township is located, as established from time to time by the United States Department of Housing and Urban Development.
(3)
GROSS AGGREGATE ANNUAL INCOMEThe total gross household income from all sources of all members of the household. In determining the amounts of income to be excluded, consideration may be given to the number of minor children in the household and such other factors as appropriate, provided that they are consistent with federal and state subsidized housing guidelines.
MEDICAL MARIJUANA ALTERNATIVE TREATMENT CENTER or ALTERNATIVE
TREATMENT CENTER
An organization approved by the New Jersey Department of
Health to perform activities necessary to provide registered qualifying
patients with usable marijuana and related paraphernalia in accordance
with the provisions of this act (N.J.S.A. 24:6I-3) A medical marijuana
alternative treatment center shall be considered a retail business.
[Added 7-17-2018 by Ord.
No. 2915-18; amended 4-19-2022 by Ord. No. 3056-22]
MINOR SITE PLAN
A developmental plan of one or more lots in which: 1) no
variance is required, the floor area of the existing building is not
increased by more than 10% or 500 square feet, whichever is less,
and the plan does not increase the number of requited off-street parking
spaces by more than 10% of existing or more than five spaces in number,
whichever is less; 2) does not involve planned development, any new
street or extension of any off-tract improvement which is to be prorated
pursuant to N.J.S.A. 40:55D-42; and 3) contains the information reasonably
required in order to make an informed determination as to whether
the requirements established for approval of a minor site plan have
been met.
[Amended 12-16-2003 by Ord. No. 2234-03]
MINOR SUBDIVISION
A subdivision of land for the creation of three or fewer
lots, including remaining land, fronting on an existing street, provided
that such subdivision does not involve 1) a planned development; 2)
any new street; or 3) the extension of an off-tract improvement the
cost of which is prorated pursuant to N.J.S.A. 40:55D-42.
[Amended 12-16-2003 by Ord. No. 2234-03]
MIXED USE
Any use a portion of which is residential.
[Added 12-16-2003 by Ord. No. 2234-03]
NURSING UNITS
An extended or intermediate care facility licensed by the
State of New Jersey to provide full-term convalescent or chronic care
to individuals who, by reason of advanced age, chronic illness or
infirmity, are unable to care for themselves.
[Added 3-20-1990 by Ord. No. 1824; amended 4-3-1990 by Ord. No.
1823]
OFFICE
A place for the transaction of business where services are
rendered or reports are prepared or stored, but where no retail sales
are offered and no manufacturing, assembling or fabricating takes
place.
OUTDOOR CAFE
Any eating establishment where food and/or other refreshments
are served upon the public right-of-way; namely, the sidewalks immediately
in front of any restaurant, cafe or place of business where food and/or
other refreshments are served or a public plaza immediately adjacent
to any restaurant, cafe or place of business where food and/or other
refreshments are served. Said outdoor area shall be considered as
part of the building structure and shall be limited in use only for
patrons of the eating establishment. No seating provided in said outdoor
area shall be used for the seating requirements of the Fast-Food Ordinance.
An outdoor cafe shall be a permitted accessory use for any existing
permitted use which allows for the operation of a restaurant, cafe
or place of business where food and/or other refreshments are served.
[Added 7-18-2000 by Ord. No. 2126-00]
PERMITTED USE
Any use of land or buildings permitted by this chapter.
PLAT, FINAL
The plat of all or a section of a development submitted for
final approval.
PLAT, INFORMAL
The plat submitted for purposes of informal review in accordance
with the provisions of N.J.S.A. 40:55D-10.1.
PRINCIPAL USE
The main purpose for which any lot, structure or building
is used.
PRIVATE SCHOOL
A privately owned or operated educational institution of
elementary or high school grade operating as a day school and accredited
by the New Jersey Department of Education. Nursery schools offering
educational instruction with qualified teachers shall be considered
"private schools" for the purposes of this chapter, regardless of
whether they also serve as day-care centers. Day-care centers without
the educational component as set forth herein for nursery schools
are not to be considered as "private schools."
PROFESSIONAL OFFICE
Office uses for the medical, legal, financial, design, real
estate and scientific (excluding research) professions and the arts.
PUBLIC AREA
Shall have the same definition as that used in the New Jersey
Municipal Land Use Law, as amended.
[Added 4-20-2004 by Ord. No. 2245-04]
PUBLIC PURPOSE
The use of land by a municipal, county, state or federal
agency or authority.
PUBLIC RIGHTS-OF-WAY
For this chapter all dedicated streets, alleys or common
means of communication, travel or drainage and an area 10 feet from
the street curb measured to the adjacent property.
[Added 3-17-2015 by Ord.
No. 2771-15]
REPAIR GARAGE
Any business, service or industry, other than an automobile
service station, which involves the storage, maintenance or major
repair of motor vehicles.
RESIDENTIAL HEALTH CARE UNIT
An age-restricted room or series of connected rooms containing
living and sleeping space and sanitary facilities, but not cooking
facilities, for occupancy for one or two persons in need of assisted
living.
[Added 3-20-1990 by Ord. No. 1824; amended 4-3-1990 by Ord. No.
1823]
RETAIL BUSINESS
Any occupation or business for the sale of merchandise, property
or services directly to the general public, including financial institutions,
insurance, real estate agencies and travel agencies, and which is
not otherwise defined as an office.
RIGHT-OF-WAY
The total width and length of the course of a street, watercourse,
utility alignment or other way within which improvements and rights
of access are confined.
ROOMER
See "boarder."
[Added 11-6-1996 by Ord. No. 2005-96]
SETBACK
The distance between a lot line and that portion of the lot
where structures may be located, based on the setback or yard requirements
of this chapter. All setbacks from public streets shall be measured
from the proposed right-of-way as shown in the Master Plan.
SHOPPING CENTER
A group of commercial establishments, the majority of which
are retail stores, built on a site which is planned, developed, owned
and managed as an operating unit, and which provides on-site parking
in definite relationship to the types and total size of the commercial
establishments.
SIGN
Any announcement, display or illustration used to advertise
or promote the interest of any person or product when the same is
placed in a position to be seen by the general public from any street
or public way.
SILTATION BASIN
A facility through which stormwater is directed and which
is designed to collect silt and eroded soil from a designated area.
SITE PLAN, EXEMPT
Site plan approval shall not be required for:
(1)
Single-family and two-family dwellings and their
accessory uses, unless a home occupation is involved.
(2)
Interior building alterations which do not involve
a change in use, additional parking or additional building area. Exterior
building alterations are not exempt.
(3)
Changes in use which do not require additional
parking under the terms of this chapter.
SITE TRIANGLE
The portion of a lot restricted in its use to assure clear
sight distance for motorists.
STREET LINE
The edge of the existing or future right-of-way, whichever
would result in the widest right-of-way, as shown on the Master Plan
or Official Map or as required by this chapter.
SWIMMING POOL
A water-bearing facility constructed or assembled above or
below ground having a depth of more than 1.5 feet or a capacity of
more than 100 cubic feet. "Swimming pools" shall include all buildings,
structures, equipment and appurtenances thereto.
TAKE-OUT RESTAURANT
A commercial establishment where food and drink are prepared
for consumption off premises. A take-out restaurant requires a site
plan review. A drive-up window is not permitted.
[Added 12-30-2003 by Ord. No. 2238-03]
THRIFT SHOPS
A retail business which sells used wearable and current items
of clothing as distinguished from those businesses which sell used
items of a collectible and usable nature, such as antique shops.
TRANSITIONAL LOT
The first residentially zoned lot (or lots in common ownership)
having a side yard adjoining the side line of a lot in a business
zone fronting on the same street and extending into the residential
zone no more than two times the minimum lot frontage of the residential
zone in which the lot is located.
UTILITY
Services such as but not limited to sewage treatment, water
supply, gas, electric, telephone and cable television.
YARD
Space unoccupied, except as permitted in this chapter, extending
between any building and a lot line or street line. See the definition
of "setback."
YARD, FRONT
The area extending across the full width of a lot between
the street line and the nearest point of the building to the street,
extending to the side lot lines from such point in lines parallel
to the street line.
YARD, REAR
The area extending across the full width of a lot between
the rear lot line and the nearest point of the building to the rear
lot line, extending to the side lot lines from such point in lines
parallel to the street line.
YARD, SIDE
The area lying between each side lot line and the nearest
point of the building to each side lot line, excluding front and rear
yards.
ZONING OFFICER
Shall be defined as an individual possessing the necessary
qualifications designated by a resolution of the Maplewood Township
Committee.
[Amended 1-21-2020 by Ord. No. 2980-20]