Automobile sales shall be permitted subject
to the following additional conditions:
A. 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.
B. 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.
C. Parking, storage or display of automobiles shall be
prohibited within the required minimum front yard.
D. Automobiles being serviced, displayed or stored shall
not be parked on streets, alleys, public sidewalks, public park strips
or other public property.
Filling stations and garages shall be permitted
subject to the following additional conditions:
A. The area for use by motor vehicles, except access
drives thereto, as well as any structures, shall not encroach on any
required yard area.
B. No fuel pumps shall be located within 20 feet of any
side lot line or within 35 feet of any street line.
C. All repair work, servicing, etc., shall be done within
a completely enclosed building.
D. All automobile parts, dismantled vehicles and similar
articles shall be stored within a completely enclosed building.
E. 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.
(6)
Any public playground or athletic field.
(7)
Any garage or gasoline filling station now existing
in the Borough of Totowa.
F. 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]
Shopping centers shall be permitted subject
to the following additional conditions:
A. 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.
B. 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.
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.
"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:
A. One off-street parking space for every two persons
based upon total maximum occupancy as determined by the Fire Official.
B. The lot on which the use exists shall not be closer
than 500 feet to the lot line of any residential district.
C. 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.
D. 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.
E. 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.
F. Nothing contained herein shall permit obscene materials
as the same are defined in N.J.S.A. 2C:34-2.
[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:
A. One off-street parking space for every two persons based upon total
maximum occupancy as determined by the Fire Official.
B. The lot on which the use exists shall not be closer than 500 feet
to the lot line of any residential district.
C. 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.
D. The lot on which the use exists shall not be closer than 1,000 feet
to any lot line of other smoke shops.
E. 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.
F. Smoking, inhaling and use of products shall be forbidden
G. 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]
H. 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, 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]