Garfield City Zoning Code
ARTICLE V
Use Regulations
§ 341-12 Uses permitted in any district.
The following uses may be established in any district without regard to any other provisions of this article:
A.
Uses and buildings therefor that are customarily accessory and incidental to uses permitted in the district and located on the same lot therewith.
B.
Public parks and playgrounds, together with recreational, administrative and service buildings appurtenant thereto.
C.
Uses of land and erection of buildings by the City for schools and other essential governmental purposes, not to include municipal uses which are proprietary in their function.
D.
The excavation of natural materials in connection with the construction of a building on the same lot.
E.
Any agricultural or horticultural use, except greenhouses, not involving the raising or keeping of poultry and livestock.
F.
House of worship and religious uses related thereto.
§ 341-13 Uses prohibited in any district.
A.
No land or premises in any zone in the City of Garfield shall be used as a public pool or billiard parlor wherein there is more than one pool table or billiard table or place where the game of pool or billiards shall be played for a fee or charge; provided, however, that nothing herein contained shall apply to a duly organized club or other private organization where admission is limited to members.
[Amended 4-22-1964 by Ord. No. 1317]
B.
Motor vehicle sales.[1]
[Added 6-6-1973 by Ord. No. 1519]
(1)
In each of the several districts in the City, no lot, building or premises shall be used for the business of selling, trading or storing motor vehicles; provided, however, that this restriction shall not apply to such lot, building or premises as is presently being legally used for the purpose of selling, trading or storing motor vehicles.
(2)
In the event that any lot, building or premises which is now being legally used for the purpose of selling, trading or storing motor vehicles ceases to be used for such purposes, or if such use is abandoned for any reason whatever by the owner or operator, such lot, building or premises upon which such business was being conducted shall thereafter be prohibited from being used for the purpose of selling, trading or storing motor vehicles.
(a)
Exceptions
[Added 4-8-2008 by Ord. No. 2522]
[1]
The properties known and designated on the Official Tax Map of the City of Garfield as Block 1, Lots 8 and 17, are hereby specifically deemed to be included in this exception.
[2]
The property known and designated on the Official Tax Map of the City of Garfield as Block 157, Lot 35, is hereby specifically deemed to be included in this exception.
[Added 8-21-2008 by Ord. No. 2531]
(3)
No person, persons, firm, partnership or corporation shall conduct, operate or carry on the business of selling or trading motor vehicles between the hours of 10:00 p.m. and 7:00 a.m., prevailing time, of the following day.
C.
In each of the several districts in the City, no building or premises shall be used, nor shall any building or other structure be built, altered or erected to be used, as a theater, movie or any place designed to carry on a business of entertainment where an admission is charged either directly or indirectly.
[Added 6-25-1970 by Ord. No. 1434]
D.
No land or premises in any zone in the City of Garfield shall be used as an auto body repair shop; however, nothing contained herein shall apply to the legally existing auto body repair shops.
[Added 11-23-1976 by Ord. No. 1598]
E.
No land or premises in any zone in the City of Garfield shall be used to store sanitation trucks, whether full or empty; however, nothing contained herein shall apply to the legally existing sanitation truck storage yards.
[Added 7-5-1978 by Ord. No. 1656]
F.
In any district within the City of Garfield, no building or premises shall be used, nor shall any building or structure be built, altered or erected to be used, for the purpose of gaming machine centers.
[Added 2-6-1979 by Ord. No. 1681]
H.
No person shall rent, lease, solicit, advertise for, offer, permit, allow or fail to discontinue use or occupancy of any dwelling unit for a period of 30 days or less. Nothing shall prevent lawful occupancy of a dwelling unit for a rental period of more than 30 days.
[Added 1-28-2020 by Ord. No. 2829]
I. RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT VAPE SHOP VAPOR PRODUCT
Retail electronic smoking device establishments and vape shops. For purposes of this chapter, the following definitions shall apply:
[Added 4-14-2020 by Ord. No. 2833]
Any establishment that solely sells, distributes, gives, offers or manufactures electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine.
Any commercial establishment whose principal business is the retail sale, service or use of electronic smoking devices, liquid nicotine or vapor products.
Any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic or chemical means to produce vapor from nicotine or other inhalation agents.
§ 341-14 Permitted uses in R-1A Districts.
In an R-1A District, no building shall be used for any purpose other than one-family dwelling.
§ 341-15 Permitted uses in R-1 Districts.
In an R-1 District, no buildings or premises shall be used, nor shall any building or other structure be built, altered or erected to be used, for any purpose other than:
A.
One-family dwellings.
B.
Two-family dwellings.
C.
Home occupations.
§ 341-16 Permitted uses in R-2 Districts.
§ 341-17 Permitted uses in R-TH Districts.
[Added 5-5-1987 by Ord. No. 1944]
In an R-TH District, no buildings or premises shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than:
A.
Single- and two-family dwellings as permitted in R-2 Districts.
[Amended 3-8-1988 by Ord. No. 1973]
B.
Multifamily dwellings.
C.
Accessory uses, structures and buildings for multifamily dwellings.
D.
Garden apartment dwellings.
E.
Municipal purposes, including public schools.
F.
Parks and playgrounds.
G.
Places of worship.
H.
Accessory religious instructional facilities for places of worship, subject to Planning Board site plan approval.
I.
Office townhouses, subject to Planning Board site plan approval.
§ 341-18 Permitted uses in R-3 Districts.
In an R-3 District, no buildings or premises shall be used, nor shall any building or other structure be built, altered or erected to be used, for any purpose other than uses permitted in R-2 Districts.
§ 341-19 Permitted uses in B-1 Districts.
In a B-1 District, no building or premises shall be used, nor shall any building or other structure be built, altered or erected to be used, for any purpose other than:
A.
Retail stores and personal and household service establishments servicing the neighborhood residences, employing no more than five employees in any one establishment.
B.
Bakeries which sell the greater portion of their product on the premises.
C.
Establishments serving food and beverages for consumption within an enclosed structure.
D.
Business and professional offices.
E.
Financial institutions.
F.
Dwellings, subject to the regulations as set forth for dwellings in an R-3 District, provided that the lot upon which such dwelling is to be located is situated within an area shown as residential on the Master Plan of the City of Garfield or that a special permit shall have been issued by the Board of Adjustment pursuant to hearings and written findings which certify that limitation to a permitted use would, in effect, deprive the owner of a reasonable use of his property, and that in no case shall the establishment of a dwelling be part of a structure which contains a business or industrial use.
H.
Food trucks operating in a fixed location not on public streets.
[Added 3-27-2018 by Ord. No. 2783]
§ 341-20 Permitted uses in B-2 Districts.
In a B-2 District, no buildings or premises shall be used, nor shall any building or other structure be built, altered or erected to be used, for any purpose other than:
A.
Any use permitted in a B-1 District as set forth in § 341-19, without limit as to number of employees.
B.
Any process of manufacture, assembly, alteration, conversion or treatment which is clearly incidental to a retail business conducted on the premises and which constitutes no nuisance by reason of odor, noise, dust or smoke and which constitutes no unusual fire or explosion hazard.
C.
Printing shops having fewer than five employees and newspaper publishing plants.
D.
Commercial parking lots and commercial parking garages.
E.
Automotive gasoline service stations not situated within a radius of 500 feet of a lot line of a public or private school or a place of public assembly seating 80 persons or more, provided that such premises shall not be used for the purposes of auto body repair, welding, painting or major automotive engine overhaul and repair, nor car washing, except where it is incidental to the general servicing of a vehicle.
F.
Automotive sales agencies for the sale of motor vehicles and parts within a building, and servicing of automobiles incidental to automotive sales agency.
§ 341-21 Permitted uses in B-2D Districts.
In a B-2D District, no buildings or premises shall be used, nor shall any building or other structure be built, altered or erected to be used, for any purpose other than uses permitted in a B-1 District as set forth in § 341-19, without limit as to number of employees; provided that such uses are located on a lot having a frontage on a public thoroughfare of no less than 150 feet and a total area of no less than 60,000 square feet; that such lot be entirely within an area shown on the Master Plan of the City of Garfield as a designated shopping center; that the application for a building permit and/or certificate of occupancy include a site plan for the entire shopping center, including location of required parking, landscaping and traffic access and exit; and that such plan make provision for at least four separate permitted business establishments, each separated by a fire wall, no one of which shall exceed 20,000 square feet of ground floor area and all of which shall be constructed to at least 75% of their value before a certificate of occupancy shall be issued for any one of them.
§ 341-22 Permitted uses in CA Districts.
[Added 12-16-1997 by Ord. No. 2231]
In a CA District, permitted uses shall be as follows:
A.
Commercial antennas.
§ 341-23 Permitted and prohibited uses in LM Districts.
A.
Permitted uses. In an LM District, no building or premises shall be used, nor shall any building or other structure be built, altered or erected to be used, for any purpose other than:
(1)
Dwelling quarters established or continued for the use of watchmen and caretakers and their families employed in and in connection with a permitted establishment.
(2)
The manufacture, compounding, processing or treatment of materials or products, provided that the operation does not cause dust, smoke, fumes, gas, offensive odor or other atmospheric effluence to be disseminated beyond the boundaries of the lot upon which such use is situated at a height less than the maximum height permitted for structures; that it does not cause noise which exceeds in level, frequency and intensity that of street traffic at the front lot line; that it does not produce glare observable from beyond the boundaries of the lot upon which such use is situated; that presses and other production equipment are cushioned to prevent vibrations from being experienced beyond the lot line upon which such use is situated; and that the products or its separate parts are of a size and weight which permit their removal from the machine or production equipment by hand without the aid of mechanical lifting devices, such as:
(a)
Metalworking in the production of tools, dies, hardware, household utensils and appliances, toys, instruments, timepieces, gauges and similar products.
(b)
Assembling of radios and other small electronic devices.
(c)
Plating and polishing.
(d)
Woodworking and cabinetmaking.
(e)
Molding and machining of plastic.
(f)
Bottling of milk and nonalcoholic beverages.
(g)
Preparation of pharmaceuticals and cosmetics.
(h)
Packaging and labeling of products in the form of powder, granules and other dry state.
(i)
Cutting, sewing and finishing of wearing apparel, millinery, handbags, drapery and similar needlework.
(j)
Grinding of lenses and making of other optical and photographic equipment, not including film.
(k)
Printing and publishing, including engraving and lithography.
(l)
Laundries and dry-cleaning work.
(m)
Bakeries and confectioneries without retail outlet on premises.
(4)
The storing, warehousing, shipping, transferring and wholesale distribution of machinery and equipment and of such goods, wares and products as are enclosed in packages, barrels, boxes and other closed containers that prevent their contents or odors therefrom from entering the atmosphere, provided that such handling takes place within buildings designed and equipped for the purpose and/or upon the loading platforms thereof.
(5)
Restaurants and other eating and drinking establishments, provided that all food consumed upon the premises is served for consumption within an enclosed building.
(6)
Automotive sales agencies selling automobiles and automotive parts and equipment, provided that all automobiles or parts are displayed and sold within an enclosed structure.
(7)
Sale of home building and home improvement supplies and household furnishings, including lumber, paint, storm windows and screens, floor covering, furniture, bedding, lighting and plumbing fixtures, heating and air-conditioning units and electrical supplies, provided that all products are displayed, stored and sold within an enclosed structure.
(8)
Gardening supplies, including plants, fertilizer, seed and implements, provided that all products are stored, displayed and sold under a roof.
(9)
Laboratories used for research or experimentation.
(10)
Business and professional offices.
(11)
Motor vehicle repair garage.
(12)
Mortuary.
(13)
Dwellings, subject to regulations and limitations as if in an R-1 District, provided that a special permit has been issued by the Board of Adjustment pursuant to written findings which set forth that the applicant has demonstrated to the satisfaction of the Board of Adjustment that no other reasonable use can be made of the property except a dwelling use.
B.
Prohibited uses. Nothing in the foregoing Subsection A(1) through (12) shall be interpreted to permit the use of a building or premises or the construction or alteration of a building or other structure for any of the following specified trades, industries, uses or for the production of any of the following specified products, such as:
(1)
The storage of crude oil or any of its volatile products or other highly flammable liquids in tanks except as incidental to a manufacturing process.
(2)
Junkyards, automobile graveyards or dismantling plants and the storage of secondhand materials derived therefrom.
(3)
The baling or treatment of junk, old iron, rags, bottles or scrap paper or storage in connection therewith.
(4)
The processing, treatment, packaging, smoking or curing of the following food products: meat, fish, coffee, cocoa beans, pickles, sauerkraut or vinegar.
(5)
Entertainment and amusement establishments, including carousels, Ferris wheels, merry-go-rounds, indoor roller- or ice-skating rinks, roller coasters or similar rides, pony tracks, miniature golf courses, commercial swimming pools, etc.
(6)
Open-air building materials storage yard.
(7)
Cement block and cinder block manufacturing.
(8)
Open-air storage yards for coal and coke.
(9)
Dog pounds and kennels.
(10)
Tattoo parlors.
[Added 12-7-1993 by Ord. No. 2136]
§ 341-24 Permitted and prohibited uses in I Districts.
A.
Permitted uses. In an I District, no buildings and premises shall be used, nor shall any building or other structure be built, altered or erected to be used, for any purpose other than processes of manufacture, assembly, alteration, conversion, treatment or storage, such as:
(1)
Metal fabricating.
(2)
Textile spinning and weaving.
(3)
Repair and machine shops without limit as to size.
(4)
Laundries without limit as to size.
(5)
Dyeing and cleaning works without limit as to size, when constructed and operated under fire and safety conditions approved by the Fire Department of the City of Garfield.
(6)
Commercial warehouses, lumber and coal yards and building material storage yards.
B.
Prohibited uses. The following structures and uses are specifically prohibited:
(1)
Any process of manufacture, assembly, alteration, conversion or treatment which constitutes a nuisance by reason of smoke, odor, dust or noise, such as:
(a)
Blast furnaces, foundries, forge shops and boilerworks; stockyards and slaughterhouses (except for poultry).
(b)
The generation of heat or power unless with the use of smokeless fuels or with the use of approved and effective smoke and fly ash elimination equipment.
(c)
The manufacture or processing cork, fertilizer, linoleum or oilcloth and glue or gelatin.
(d)
The manufacture or refining of asphalt.
(e)
The manufacture of paint, oil and varnish.
(f)
Ammonia, chlorine or bleaching powder manufacture.
(g)
Crematory.
(h)
Creosote treatment or manufacture.
(i)
Distillation of wood, coal or bones.
(j)
Fat rendering.
(k)
Fertilizer manufacture.
(l)
Gas manufacture.
(m)
Lampblack manufacture.
(n)
Petroleum refining.
(o)
Storage, curing or tanning of rawhides or skins.
(p)
Soap manufacture.
(q)
Manufacture or refining of tallow, grease or lard.
(r)
Tar distillation or manufacturing.
(s)
Manufacturing of tar roofing or tar waterproofing materials.
(2)
Any process of assembly, manufacture, alteration, conversion or treatment constituting a hazardous use, including but not limited to the manufacture or bulk storage of fireworks and explosives and the manufacture of illuminating gas and other explosive or poisonous gases, except as may be incidental to a permitted industrial process.
(3)
The storage of crude oil or any of its volatile products or other highly flammable liquids in aboveground tanks having a unit capacity of more than 100,000 gallons, and provided further that all aboveground tanks having a unit capacity in excess of 10,000 gallons shall not be less than 100 feet from the nearest property line and shall be properly diked with dikes having a capacity equal to 1 1/2 times the capacity of the tank or tanks surrounded.
(4)
Junkyards, automobile graveyards or dismantling plants and the storage of secondhand materials for resale except entirely within an enclosure or fence which shall be set back in accordance with the terms of this chapter. For the purpose of determining the setback under this chapter, said enclosure or fence shall be considered a building.
(5)
The baling or treatment of junk, old iron, rags, bottles or scrap paper or storage in connection therewith except within a building.
(6)
Dwellings except for a watchman or caretaker when located upon industrial premises where employed.
(7)
Truck terminals.
(8)
Tattoo parlors.
[Added 12-7-1993 by Ord. No. 2136]