| Author |
Message |
    
Gerardryan
| | Posted on Thursday, June 28, 2001 - 11:30 pm: |     |
somebody asked me to put this up...
____________________________________________________
TOWNSHIP OF MAPLEWOOD
ORDINANCE
#2139-00
AN ORDINANCE TO AMEND CHAPTER 271
OF THE CODE OF THE TOWNSHIP OF MAPLEWOOD ENTITLED
AZONING AND DEVELOPMENT REGULATIONS@
WHEREAS, as a result of rapidly changing technology, people are capable of conducting certain low intensity and unobtrusive businesses from their homes; and
WHEREAS, the advent and improvement of telephones, answering machines, pagers, cellular communications, broadband cable, copy machines, facsimile machines, computers and the Internet have brought changes in the manner in which business may be conducted; and
WHEREAS, the Township of Maplewood recognizes that with such changes in technology certain business activities may be conducted from a residence without infringement upon the right of all persons residing in a residential zoning district to be free from the adverse impacts of business use; and
WHEREAS, notwithstanding the foregoing, the first priority and paramount concern is to preserve and protect the peace and tranquility of the Township of Maplewood's residential zoning districts;
NOW THEREFORE BE IT ORDAINED by the Township Committee of the Township of Maplewood, County of Essex, State of New Jersey that Chapter 271 of the Code of the Township of Maplewood entitled "Zoning and Development Regulations" be amended as follows:
FIRST: Section - 271-3 Definitions shall be amended by adding the following:
HOME BASED BUSINESS: An activity carried on for gain by a resident within a dwelling unit, not involving on a regular and continuing basis the servicing of customers or clients on the premises.
SECOND: Section 271-70 Zoning Requirements shall be amended by adding the following:
A. Residential single-family R1-7, R1-5 and R1-4 Districts (1)Permitted principal uses (c) i Clerical work in connection with an occupation for which the
resident or residents have established offices elsewhere; ii the providing of lessons in music, art or similar fields. B. Residential single and two-family R2-4 Districts (1)Permitted principal uses (d) i Clerical work in connection with an occupation for which the
resident or residents have established offices elsewhere; ii the providing of lessons in music, art or similar fields. C. Residential Garden Apartments RGA Districts (1) Permitted principal uses (d) i Clerical work in connection with an occupation for which the resident or residents have established offices elsewhere; ii the providing of lessons in music, art or similar fields.
THIRD: Section - 271-70 Zoning Requirements shall be amended by adding the following:
A. Residential single-family R1-7, R1-5 and R 1-4 Districts (2) Accessory Uses (b) A home based business shall be a permitted accessory use, provided that (a) The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons;
(b) Such use shall be limited to fifteen (15) percent of the total floor area of the premises and/or not more than twenty-five (25) percent of the area of any one (1) floor;
(c) No manufacturing of goods is permitted.
(d) There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including but not limited to, parking, storage of materials or supplies, signs, or lights.
(e) The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents.
(f) The quantity and type of solid waste disposal is the same as other residential uses in the zone district.
(g) The capacity and quality of effluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system or its components.
(h) Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express, and other delivery services providing regular service to residential uses in the zone district.
(i) All vehicular traffic to and from the home business use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.
(j) The following occupations carried on commercially shall be excluded from classification as accessory uses;
1) Experimentation within a structure or on the premises by use of chemicals or other means which may be hazardous;
2) Operation of a carpentry, plumbing, electrical or similar construction business or a photographic studio within the structure or on the premises, except that maintaining an office on the premises that serves such businesses is permitted; and
3) Repairing of automobiles or other vehicles, furniture, computers, radios, televisions or other mechanical equipment;
B. Residential single and two-family R2-4 Districts (2) Accessory Uses
(b) A home based business shall be a permitted accessory use, provided that
(a) The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons;
(b) Such use shall be limited to fifteen (15) percent of the total floor area of the premises and/or not more than twenty-five (25) percent of the area of any one (1) floor; (c) No manufacturing of goods is permitted. (d) There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including but not limited to, parking, storage of materials or supplies, signs, or lights.
(e) The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents.
(f) The quantity and type of solid waste disposal is the same as other residential uses in the zone district.
(g) The capacity and quality of effluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system or its components.
(h) Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express, and other delivery services providing regular service to residential uses in the zone district.
(i) All vehicular traffic to and from the home business use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.
(j) The following occupations carried on commercially shall be excluded from classification as accessory uses;
1) Experimentation within a structure or on the premises by use of chemicals or other means which may be hazardous;1) percent of the area of any one (1
2) Operation of a carpentry, plumbing, electrical or similar construction business or a photographic studio within the structure or on the premises, except that maintaining an office on the premises that serves such businesses is permitted; and
3) Repairing of automobiles or other vehicles, furniture, computers, radios, televisions or other mechanical equipment;
C. Residential Garden Apartments
(2)Accessory uses
(b) A home based business shall be a permitted accessory use, provided that (a) The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons;
(b) Such use shall be limited to fifteen (15) percent of the total floor area of the premises and/or not more than twenty-five (25) percent of the area of any one (1) floor;
(c) No manufacturing of goods is permitted.
(d) There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including but not limited to, parking, storage of materials or supplies, signs, or lights.
(e) The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents.
(f) The quantity and type of solid waste disposal is the same as other residential uses in the zone district.
(g) The capacity and quality of effluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system or its components.
(h) Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express, and other delivery services providing regular service to residential uses in the zone district.
(i) All vehicular traffic to and from the home business use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.
(j) The following occupations carried on commercially shall be excluded from classification as accessory uses;
1) Experimentation within a structure or on the premises by use of chemicals or other means which may be hazardous;
2) Operation of a carpentry, plumbing, electrical or similar construction business or a photographic studio within the structure or on the premises, except that maintaining an office on the premises that serves such businesses is permitted; and
3) Repairing of automobiles or other vehicles, furniture, computers, radios, televisions or other mechanical equipment;
FOURTH: SEVERABILITY
If any section, paragraph, subparagraph, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the specific section, paragraph, subparagraph, clause or provision so adjudged and the remainder of the Ordinance shall be deemed valid and effective.
FIFTH: REPEAL OF PRIOR ORDINANCES
All Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance be and the same are hereby repealed to the extent of any such inconsistencies.
SIXTH EFFECTIVE DATE
This Ordinance shall take effect after final passage and publication according to law.
PUBLIC NOTICE is hereby given that the foregoing proposed Ordinance was introduced and read for the first time on December 5, 2000, at a meeting of the Township Committee of the Township of Maplewood, held at The Township of Maplewood, Municipal Building, 574 Valley Street, Maplewood, New Jersey and on December 19, 2000, at which time and place the Committee proceeded to consider the said Ordinance on second reading and final passage.
______________________________
ELIZABETH J. FRITZEN, R.M.C.
Township Clerk |
Lseltzer
| | Posted on Friday, June 29, 2001 - 7:43 am: | |
Thanks Jerry. This is the part that I thought was unreasonable:
(b) Such use shall be limited to fifteen (15) percent of the total floor area of the premises and/or not more than twenty-five (25) percent of the area of any one (1) floor; |
Bobk
| | Posted on Friday, June 29, 2001 - 1:42 pm: | |
Lseltzer, most of the law seems pretty reasonable even if I can't run my fertilizer mixing business in my basement anymore.
However, the 25% seems kind of harsh. If you use one out of three bedrooms for a home office you would probably be pushing up against that limit. |
Lseltzer
| | Posted on Friday, June 29, 2001 - 3:56 pm: | |
My point exactly, Bobk. In square footage terms my entire attic, a.k.a. my office, is not 15% of my house, but I'm automatically in violation. |
Beach
| | Posted on Friday, June 29, 2001 - 7:19 pm: | |
Thanks Jerry, it was me that made the request. I definitely agree with Bobk and Lselzter! |
Beach
| | Posted on Friday, June 29, 2001 - 8:45 pm: | |
sorry, meant Lseltzer. |
Joancrystal
| | Posted on Wednesday, July 11, 2001 - 7:01 pm: | |
I agree with Larry. The area devoted to a home office should not be limited to 25% of any one floor for precisely the reason mentioned.
Jerry:
Wouldn't the wording proposed in the above ordinance also preclude operating a home business out of a detached garage? Shouldn't such a location be permitted if all other conditions in the ordinance are met? |
Beach
| | Posted on Wednesday, July 11, 2001 - 7:24 pm: | |
Has the MPD gotten smaller since the most recent election? |
Dave
| | Posted on Wednesday, July 11, 2001 - 7:27 pm: | |
Wow, Beach. Did the puppywabbit get your username and password or did you mispost?  |
Beach
| | Posted on Wednesday, July 11, 2001 - 7:34 pm: | |
No, he's ferociously guarding my now barbed-wired, fenced-in yard!;)
I just took your advice and threw the ? where it belonged! |
Beach
| | Posted on Thursday, July 12, 2001 - 12:45 pm: | |
Still no answer to my question! I guess it's obvious, the reason the issue was dropped had nothing whatsoever to do with the size of the dept, or the budget for that matter. |
Lseltzer
| | Posted on Thursday, July 12, 2001 - 3:10 pm: | |
Beach, what on earth are you talking about and what does it have to do with home-based businesses? |
Dave
| | Posted on Thursday, July 12, 2001 - 3:14 pm: | |
I think Beach is saying the MPD is run out of his home and that his ferocious dog is mad as hell for being rejected by the K-9 unit and is re-applying using the rabbit affirmative action clause. |
Lseltzer
| | Posted on Thursday, July 12, 2001 - 4:37 pm: | |
Oh, I'm sorry. Obvious in retrospect. |
Beach
| | Posted on Thursday, July 12, 2001 - 5:31 pm: | |
Actually, I asked this question in another thread and Dave reminded me to put it here. I guess I should have started another thread! |
Dave
| | Posted on Thursday, July 12, 2001 - 6:15 pm: | |
Sad but true. I goofed.
I was thinking that if questions arise about a particular agenda item that is posted here in "Official Maplewood" it would be a good thing to post that question as a follow-up. Or, here in this topic on home businesses, it would make sense to post questions on the ordinance. That way everything is in context. |
Beach
| | Posted on Thursday, July 12, 2001 - 6:36 pm: | |
BTW Dave, I think you meant the seldom used "Puppywabbit" clause! |
Joancrystal
| | Posted on Thursday, July 12, 2001 - 7:22 pm: | |
Beach:
To FINALLY answer your question, Mr. Deluca based his initial support of the Police Director position using the NYPD as a model. Since they have somewhere around 35,000 uniformed officers and we have closer to 50, it was pointed out to Mr. DeLuca that the circumstances in the two police departments were not comparable. |
|