Borough of Totowa, NJ Conditional Uses

Automobile sales shall be permitted subject to the following additional conditions:

Their primary function is the sale at retail of new automobiles. Sale of used automobiles, automobile accessories, oil, grease, antifreeze, tires and batteries, but no gasoline, shall be allowed as an accessory use only.

No storage or display of automobiles for sale shall be permitted within the area or areas used to fulfill the requirements for off-street parking.

Parking, storage or display of automobiles shall be prohibited within the required minimum front yard.

Automobiles being serviced, displayed or stored shall not be parked on streets, alleys, public sidewalks, public park strips or other public property.

§ 415-187 Filling stations and garages.

Filling stations and garages shall be permitted subject to the following additional conditions:

The area for use by motor vehicles, except access drives thereto, as well as any structures, shall not encroach on any required yard area.

No fuel pumps shall be located within 20 feet of any side lot line or within 35 feet of any street line.

All repair work, servicing, etc., shall be done within a completely enclosed building.

All automobile parts, dismantled vehicles and similar articles shall be stored within a completely enclosed building.

Under no circumstances shall a permit be issued for the erection or enlargement of a garage for more than three motor vehicles or for a motor vehicle service station or a gas filling station or for the conversion of any premises not so used for such purposes in any zone in which permitted, if any part of the lot or premises is situated within a radius of 1,000 feet of the property line of:

(1)

A public school or a duly organized school other than a public school conducted for children.

(2)

A hospital maintaining at least 15 beds for patients.

(3)

A church with a seating capacity for 100 persons or more.

(4)

Any place of public assemblage with a seating capacity of 100 persons or more.

(5)

A public library.

(6)

Any public playground or athletic field.

(7)

Any garage or gasoline filling station now existing in the Borough of Totowa.

Permitted hours of operation shall be between the hours of 5:00 a.m. and 12:00 a.m

[Added 6-14-2011 by Ord. No. 07-2011]

§ 415-188 Shopping centers.

Shopping centers shall be permitted subject to the following additional conditions:

Within any shopping center, the following uses are specifically prohibited:

(1)

All uses which are objectionable by reason of odor, dust, smoke, noise, vibration or waterborne waste.

(2)

Auction marts, automobile service stations and garages, secondhand car sales, building and construction supply outlets, dwelling units (except for a caretaker or watchman), live poultry markets and wholesale or storage establishments.

Within any shopping center, the following area, height and bulk restrictions shall apply in addition to those listed in the area and bulk schedules and other parts of this chapter:

(1)

Yard requirements.

(a)

Minimum fifty-foot side yard abutting a residential zone.

(b)

Minimum fifty-foot rear yard, but not less than the rear yard requirement of the abutting residential zone.

(2)

Buffer. A twenty-foot buffer in accordance with § 415-92 shall be required abutting a residential zone.

§ 415-189 Public utility substations and pumping stations.

Public utility substations or pumping stations shall be permitted in all districts, upon a showing that such structure is essential to serve the immediate neighborhood, that it cannot be located in any other type of district, that it is housed in buildings that harmonize with the character of the neighborhood and that it has adequate fences and other safety devices, adequate screening and landscaping and meets all other standards of this chapter.

§ 415-190 Adult entertainment.

"Adult bookstore" being herein defined as a commercial establishment that, as one of its principal business purposes, offers for sale or rental books, magazines, photographs, newspapers, pictures or periodicals that exploit parts of the anatomy for sexually explicit purposes or in a sexually explicit manner; and "adult entertainment establishment" herein defined as any adult bookstore, novelty shop or any other business or commercial entity dealing predominantly with sexually explicit acts or material or sexually explicit dancing, including, but not by way of limitation, dancing commonly referred to as "go-go" dancing are permitted in all commercial and industrial districts subject to the following additional conditions:

One off-street parking space for every two persons based upon total maximum occupancy as determined by the Fire Official.

The lot on which the use exists shall not be closer than 500 feet to the lot line of any residential district.

The lot on which the use exists shall not be closer than 1,500 feet to the lot line of any house of worship, community center, funeral home, school, day-care center, public park, playground, playing field or ballfield.

The lot on which the use exists shall not be closer than 1,000 feet to any lot line of other adult bookstore or entertainment use.

In addition to the foregoing requirements, the adult bookstore and/or adult entertainment use shall conform to all of the regulations of the Borough, including but not limited to district lot and bulk regulations, parking regulations and signage requirements of said district.

Nothing contained herein shall permit obscene materials as the same are defined in N.J.S.A. 2C:34-2.

§ 415-190.1 Smoke shops.

[Added 5-13-2014 by Ord. No. 07-2014]

"Smoke Shops" being herein defined as a commercial establishment that, as one of its principle business purposes, offers for sale, tobacco, cigarettes, cigars, pipes, vapor cigarettes, hookah and all types of smoking apparatus are permitted in the B-3 Zone subject to the following additional conditions:

One off-street parking space for every two persons based upon total maximum occupancy as determined by the Fire Official.

The lot on which the use exists shall not be closer than 500 feet to the lot line of any residential district.

The lot on which the use exists shall not be closer than 1,000 feet to any lot line of other smoke shops.

In addition to the foregoing requirements, the smoke shop shall conform to all of the regulations of the Borough, including but not limited to district lot and bulk regulations, parking regulations and signage requirements of said district.

Smoking, inhaling and use of products shall be forbidden

Marijuana shall be forbidden. The operation of retail or wholesale marijuana establishments, which includes retail marijuana cultivation facilities, retail marijuana products manufacturing facilities and retail marijuana testing facilities; and the operation of retail marijuana social clubs and therefore, all activities related to the above-mentioned retail uses such as, but not limited, to processing, possession, extraction, manufacturing, transporting, storing, laboratory testing, labeling transporting, delivering, dispensing, transferring and distributing are expressly prohibited with the Borough of Totowa. This prohibition also applies to any land uses that sell or manufacture related paraphernalia.

[Added 9-25-2018 by Ord. No. 16-2018]

All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16,[1] shall be forbidden, but not the delivery of cannabis items and related supplies by a delivery service.

[Added 7-27-2021 by Ord. No. 03-2021]

[1]

Editor's Note: See N.J.S.A. 24:6I-33.