Linden City Zoning Code
§ 31-20.25
Prohibited Uses.
[1979 Code § 22-5.25; Ord. No. 20-163 § 526; Ord. No. 27-4 § 1; Ord. No. 48-21 § 1; Ord. No. 55-08; amended 4-16-2019 by Ord. No. 63-16; 8-17-2021 by Ord. No. 65-34; 3-15-2022 by Ord. No. 66-21; 6-21-2023 by Ord. No. 67-36]
a.
All uses not expressly permitted in this chapter are prohibited. Any proposal for a use not specifically permitted by this chapter and after being refused a building permit must be submitted to the Planning Board together with a complete copy of the application to the Board of Adjustment for review and the recommendation of standards, where they may be needed, prior to application to the Board of Adjustment for permission to establish such use in accordance with N.J.S.A. 40:55-70d. It shall also be the duty of the Planning Board to offer an opinion as to whether such proposed new use is compatible with the uses specifically listed in the Schedule of Limitations for the district in which it is to be established and whether permission to establish such new use will not seriously impair the intent of the zoning regulations and of the Master Plan.
b.
"Hazardous waste facility," as defined in N.J.A.C. 7:26-1.4, shall not be a permissible activity or use, either principal or accessory, in any zoning district established pursuant to this chapter.
c.
Any lawfully existing hazardous waste facility, use or activity, holding a valid operating permit or license and operating in conformance therewith, which engages in the processing, treatment, or disposal of on-site-generated hazardous wastes, as defined in N.J.A.C. 7:26-1.4, may continue within the zone in which it is located, subject to the provisions of § 31-36 and other provisions of applicable laws, local, state and federal. Nothing herein shall preclude changes in or additions to existing facilities engaged in the treatment, storage or disposal of hazardous waste, provided the facilities are lawfully approved and operating, if required by applicable state or federal law, administrative orders, or in order to protect public health and safety.
d.
The use of truck bodies and shipping containers for the purpose of storage shall be prohibited in all zones.
1.
Exception. A maximum of one shipping container may be allowed in the H-I and the L-I Zones only after the location and duration of time is approved by the Planning Board.
e.
Hookah bars or lounges.
1.
"Hookah bars or lounges" are herein defined as a place of business where the customers have use of communal or individual hookahs, pipes or any other device for burning material for the purpose of smoking, where customers can share pipefuls of tobacco, herbs, dried fruits, combinations of same, or any other materials to smoke.
2.
Hookah bars/lounges shall be prohibited in all zones in the City of Linden.
f.
The operation of retail marijuana stores or retail sales of marijuana. This prohibition shall not apply to licensed “cannabis businesses” within the City of Linden.
g.
Tattoo uses shall be specifically prohibited in all zones except for industrial zone districts where retail uses are permitted.
h.
Outdoor vehicle storage yards, but excluding new and used car sales where permitted.
i.
Ground floor apartments below grade and basement apartments.
j.
Uses associated with the outdoor storage and dismantling of vehicles.
k.
Vape shops as defined by ordinance.
l.
Truck and trailer storage facilities as a principal permitted use.