The following uses and activities are specifically prohibited in all zones:

A.

Sales or rentals of new or used motor vehicles or trailers.

B.

Coin-operated dispensers, including mechanical and automatic machines in which a product is returned, except when located in a principal building in other than a residential zone.

C.

Retail laundries, cleaning or dyeing establishments employing more than four (4) persons and all non-retail establishments.

D.

The storage of crude oil or any volatile products or any highly flammable liquids or gas above ground in tanks having a capacity of more than three hundred (300) gallons.

E.

Drive-through facilities, road stands or refreshment stands.

F.

Pipelines which are not public utilities that distribute services to end users and are unregulated by the State of New Jersey Board of Public Utilities are prohibited within any zone in the Township.

G.

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, but not the delivery of cannabis items and related supplies by a delivery service located outside of the Township.

H.

Without any way limiting the specific prohibitions, restrictions or limitations contained anywhere else in this Ordinance, in all zones of the Township any uses not specifically permitted in Article 6.3 herein are prohibited.

I.

Vape shops and smoke shops.

J.

Sexually-oriented businesses.

(Ord. No. 13-2015, § 1, 10-6-2015; Ord. No. 9-2021, § 2, 6-15-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Display or storage of goods in the DD, HB-2, and HB-3 Zones.

1.

In the DD, HB-2, and HB-3 Zones, there shall not be displayed, stored, maintained, allowed, permitted, or suffered any goods, materials, equipment, vehicles or products of any character or description for sale, lease, display, storage, or any other purpose unless the same shall be inside the business structures where the activity is carried on except as set forth below:

1.

Outside displays on "sale days".

a.

The Township Mayor and Council may proclaim by resolution certain days, commonly known as "sales days", limited to three (3) consecutive days twice within one (1) year. "Sales days" shall permit sales of merchandise within the DD, HB-2 and HB-3 Business Zones on the sidewalk or the exterior of any building within these zones by permit.

b.

Permits shall be issued by the Township Mayor and Council of Berkeley Heights upon request, in writing, by individuals or groups of businesses agreeing to hold such sales at the same time.

c.

Displays shall not obstruct, in any manner, pedestrian traffic on public sidewalks into a lane narrower than four (4) feet wide.

d.

Displays shall be permitted on "Sales Days" on private parking lots in the DD, HB-2, and HB-3 Business Zones, provided that no display or activity shall block pedestrian or vehicular traffic and access for emergency vehicles.

e.

The Township Mayor and Council may, by resolution, permit the use of Township property or portions of the public right-of way by groups or associations of local merchants engaging in a special community, sale, or display event on a single day.

2.

Sale of natural Christmas Trees, wreaths, sprays and similar Christmas or other seasonal decorations out of doors.

a.

The Township Clerk may issue a special temporary permit to allow the sale of natural Christmas trees, wreaths, sprays and similar Christmas or other seasonal decorations out-of-doors in the DD, HB-2, and HB-3 Zones. Such permit may include authorization to utilize a temporary shed, trailer, or like structure during the period of sale to provide shelter for those conducting the sale.

1.

In the event that an applicant whose security deposit for any prior year was forfeited for failure to timely clean and restore a site for which he (or any firm, corporation, or other business entity with which he was associated) received a permit applies to the Township Clerk for a permit under this section, or any application is made for a permit for a sale subject to this section on property for which a permit was issued for any prior year and a forfeiture of deposit made under such prior permit, the Township Clerk shall not issue a permit but shall refer the matter to the governing body which shall have the authority to deny the permit, grant the permit, or grant the permit with additional conditions and/or an increased security deposit of $1,000.00. In making any determination on the permit the governing body may consider the records relating to any prior forfeiture and may, but shall not be required to hold a formal hearing on the application.

b.

Application for such special permit shall be made in writing and must include the applicant's name, address and telephone number, the consent of the owner of the property upon which the sale will be conducted if not the applicant, a description of the items to be sold, a complete description of the shelter to be used and a plan showing its location on the property. The shelter shall be subject to the required setbacks for accessory buildings in the Zone in which the sale will be conducted.

c.

Each application shall be accompanied by a non-refundable application fee of $25.00 for administrative costs. Prior to the issuance of an approved permit, the applicant shall post with the Township Clerk a deposit of $25.00 as security for the faithful performance of all of the conditions of such permit. The township shall be entitled to use all or any part of such deposit to correct any condition caused by the failure of the applicant to comply with the conditions of the permit. The deposit or any remaining portion shall be returned to the applicant upon certification by the Township Zoning Officer that said applicant has complied with all of the conditions of his permit and the area used for the sale has been cleaned and restored to the condition it was in prior to the commencement of the sale. In the event that the site has not been cleaned and restored in accordance with sub-paragraph I below, and the Township Zoning Officer has not granted an extension of such time period because of weather conditions, or if the site is not cleaned and restored within any such extended time period, the deposit shall be forfeited to the Township and the Township may clean up and restore the site and the costs thereof, without credit for any forfeited deposit shall be certified by the Township Mayor and Council to the Tax Collector and shall become a municipal tax lien upon the property until paid.

d.

There shall be no trees, wreaths, sprays or other seasonal decorations for sale or any other materials use in connection with such sale, including signage or fencing, placed in any township right-of-way or upon any property which is not set forth in the permit.

e.

In the event portable generators are to be used for supplying electric power, or any other mechanical equipment is used in connection with the sale, it shall comply with the provisions of the Township Noise Ordinances (Code of the Township of Berkeley Heights Chapter 59).

f.

Temporary fencing shall be used to enclose and secure the area of the sale.

g.

Sales may be conducted between the hours of 9:00 a.m. and 9:00 p.m.

h.

The site shall be cleaned and restored to its condition prior to the commencement of the sale not more than five (5) days after the last sale date but in no event later than January 3 of the next calendar year.

i.

Each sale location may have one (1) sign facing each adjacent public right-of-way. The sign may not exceed eight (8) square feet in area and shall not be illuminated when the location is not open for sales.

j.

The Township Mayor and Council may impose such other restrictions, limitations, and conditions as it deems advisable to protect the public health, safety, and welfare.

k.

In the event that an applicant whose security deposit for any prior year was forfeited for failure to timely clean and restore a site for which he (or any firm, corporation, or other business entity with which he was associated) received a permit applies to the Township Clerk for a permit under this section, or any application is made for a permit for a sale subject to this section on property for which a permit was issued for any prior year and a forfeiture of deposit made under such prior permit, the Township Clerk shall not issue a permit but shall refer the matter to the governing body which shall have the authority to deny the permit, grant the permit or grant the permit with additional conditions and/or an increased security deposit of $1,000.00. In making any determination on the permit the governing body may consider the records relating to any prior forfeiture and may, but shall not be required to hold a formal hearing on the application.

l.

Any person violating any provision of this Section 6.4.2 shall be subject to the penalties provided in Section 1-8, General Penalties of the Code of the Township of Berkeley Heights. Any penalty imposed under Section 1-8 shall be in addition to the other remedies provided herein. In the event of any violation of this section 6.4.2 the permit holder and the owner of the property on which such violation occurs shall both be liable for such violation and shall both be subject to punishment for such violation.

m.

Any person violating any provisions of this Section 6.4.2 shall be subject to the penalties provided in Section 1-8, general penalties of the Code of the Township of Berkeley Heights. Any penalty imposed under Section 1-8 shall be in addition to the other remedies provided herein. In the event of any violation of this Section 6.4.2 the permit holder and the owner of the property on which such violation occurs shall both be liable for such violation and shall both be subject to punishment for such violation.

B.

Automobile laundries in all zones except HB-3.

C.

Carports in all Residential Zones.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

There is prohibited everywhere in the Township all uses characterized by one (1) or more "nuisance factors" as such uses which:

1.

Disseminate smoke, fumes, gas, dust, odor, or any atmospheric pollutant beyond the boundaries of the lot occupied by such use.

2.

Discharge of any waste material whatsoever into any watercourse except in accordance with existing state and local requirements.

3.

Disseminate glare or vibration beyond the immediate site on which such use is conducted.

4.

Create physical hazard by reason of fire, explosion, radiation, or similar cause to property in the same or adjacent zones.

5.

Create noise which is in violation of the Noise Ordinance of the Township.

6.

Require open storage unless screened from public view or in an enclosure or building.

B.

A partial list of such prohibited uses are as follows:

1.

Acetylene gas manufacture for commercial purposes.

2.

Acid or chemical manufacture, except drugs and pharmaceuticals and the intermediates, therefore.

3.

Ammonia, chloride, or bleaching powder manufacture.

4.

Asphalt manufacture or refining.

5.

Automobile graveyards.

6.

Billboards.

7.

Blast furnace for steel-making.

8.

Boiler shops, structural steel fabricating shops, steel car shops, locomotive shops and railway repair shops, metalworking shops operating powered hammers or chisels.

9.

Brick, concrete products, terra cotta or tile manufacture.

10.

Carbon, lampblack, stove blacking, graphite, or stove polish manufacture.

11.

Celluloid or other cellulose products manufacture.

12.

Cement or cement block manufacture.

13.

Coal-tar products manufacture.

14.

Coke ovens.

15.

Commercial Establishments having more than a total of two (2) devices such as: billiard tables, pool tables or pin ball machines or other electromechanical or electronic gaming devices.

16.

Crematory.

17.

Creosote treatment or manufacture.

18.

Disinfectant, insecticide, or poison manufacture.

19.

Distillation of coal, wood, or bones.

20.

Dry cleaning except dry cleaning with a noninflammable cleaning liquid approved by the Board of Fire Underwriters.

21.

Dyeing - industrial.

22.

Fat rendering.

23.

Fertilizer manufacture or potash refining.

24.

Fish smoking or curing.

25.

Forge shop.

26.

Gas storage in bulk, for resale.

27.

Glue, size or gelatin manufacturing or processes involving recovery from fish or animal offal.

28.

Incineration, reduction or dumping of offal, refuse or garbage, except where operated by the municipality.

29.

Junk yards.

30.

Mausoleum, vault, or crypt.

31.

Open-air commercial amusements except by special permit of the Township Mayor and Council.

32.

Paint, oil, varnish, turpentine, shellac, or enamel manufacture.

33.

Penal institutions.

34.

Perfume and extract manufacture.

35.

Petroleum refining and the manufacture of petrochemical products.

36.

Printing ink manufacture.

37.

Public dance hall.

38.

Radio, microwave or T.V. transmitting or receiving towers exceeding fifty (50) feet.

39.

Raw or green salted hides or skins, their storage, coloring, curling, dressing, or tanning.

40.

Rubber, caoutchouc or gutta-percha manufacture, from crude or scrap material.

41.

Sandpaper and emery cloth manufacture.

42.

Sewage disposal plant, except where operated by the municipality.

43.

Slaughterhouses.

44.

Soap, soda or washing compound manufacture.

45.

Starch, glucose or dextrine manufacture.

46.

Stockyards.

47.

Stone crushing.

48.

Storage of petroleum products in bulk above ground; and provided that nothing herein contained shall prevent the storage of lubricating and vegetable oils and greases in metal tanks, drums, and other suitable containers of not more than fifty-five (55) gallons individual capacity.

49.

Sulfurous, sulfuric, nitric, or hydrochloric acid manufacture.

50.

Tallow, grease, lard or candle manufacture or refining.

51.

Tar distillation or the manufacture of dyes.

52.

Tobacco processing.

53.

Trailers occupied for living or dwelling purposes.

54.

Use involving shipping of cargo or products of such weight that vibration causes annoyance to neighboring property.

55.

Vinegar, pickle sauerkraut or sausage manufacture in bulk.

56.

Wool pulling or scouring.

57.

Yeast manufacture.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)