Lyndhurst City Zoning Code
§ 21-4.8
Uses Permitted in C-GI District.
[Ord. No. 2067; Ord. No. 2168, §§ I — IX; Ord. No. 2394, § II]
a.
Uses Permitted by Right.
1.
Research laboratory, commercial office buildings and offices accessory to an industrial use.
2.
Automobile salesrooms; automobile repair shop only in connection with a franchised automobile dealership and as part thereof. A used car lot shall be permitted as an accessory use to a franchised dealer of new automobiles, provided it is located on the same lot as the principal use.
3.
Banking offices.
4.
Hotels and motels.
5.
Restaurants, but not including drive-in establishments, bars, taverns, retail and service uses such as apparel stores, drug stores, gift shops, newsstands, beauty shops, and barber shops but only when located as an accessory to a structure containing a permitted use and accessible to the public only through the principal use.
6.
Manufacture by processing, fabrication, assembly or other handling of products.
7.
Wholesale and/or storage establishments conducted in completely enclosed buildings.
8.
Check cashing facilities, providing same is not located within 1,000 feet from an elementary or secondary school building or property used for elementary or secondary school or athletic purposes.
b.
Excluded Uses. Uses specifically excluded in the C-GI District:
1.
Any uses which cannot comply with the performance standards enumerated in subsection 21-4.6c, any use which exceeds in intensity and frequency the noise of street traffic at the adjoining street or streets, any use which constitutes a fire explosion, atomic radiation, or other safety hazard.
2.
Trailer camps, trailer leasing agency, trucking terminals and truck leasing agency.
3.
Automobile junk yards; building street improvement contractors storage yards.
4.
Unscreened open storage yards and unscreened open storage of rags, glass, iron, junk or lumber.
5.
Manufacture, storage, transmission of chemicals and explosives of any nature including plastic factories.
6.
Drive-in restaurants and drive-in eating establishments.
c.
The following uses may be established as conditional uses subject to approval by the planning board.
4.
Recreational entertainment uses, provided that such use is limited to that part of the district including the east side of Chubb Avenue and extending eastward, provided that such use is accessory to a structure containing a permitted use and accessible to the public only through the principal use.
5.
Offensive uses in existing residential, commercial and industrial zones.
(a)
Purpose. In that there are some uses which, due to their very nature, are recognized as being so offensive on their face so as to affront the community standards of decency.
In that it is further recognized that there are some uses which have serious objectionable operational characteristics, and accordingly having a deleterious effect upon the use and enjoyment of adjacent areas, as well as upon minors who frequent said areas and accordingly must be limited in terms of location within a specific zone in the township.
In that specific regulations of the uses are required so as to insure against blighting and/or downgrading of the surrounding neighborhood and properties.
The primary purpose of this paragraph c5 is the prevention of such offensive, deleterious uses in existing residential, commercial and industrial zones within the township and further, prevention of the operation of patently offensive business enterprises which appeal to the prurient interests of individuals in such residential, commercial, industrial, mixed use and/or any zone in question.
In that it is recognized that certain uses, despite their offensive nature, are protected by virtue of the New Jersey and United States Constitutions, it is the purpose and intent of this paragraph 5 to limit such offensive and deleterious uses within the township to a specific zone, all within the confines of the state and federal constitutions.
(b)
Uses Subject to Control. The paragraph c5 is specifically addressed to adult only book stores, adult only motion picture theaters, massage parlors, rap parlors, saunas, go-go-bars, juice bars, and such establishments having paid dancers where such enterprises engage in activities hereinafter described in this paragraph c5.
(c)
Definitions. For purposes of this paragraph c5, the following words and/or phrases shall have the meaning hereafter ascribed to them:
(1)
Adult type uses shall mean any use which includes adult only book stores, adult only motion picture theaters, massage parlors, rap parlors, saunas, go-go-bars, juice bars, dance establishments having paid dancers and any such other uses which are recognized to engage in or display acts or materials hereinafter described.
(2)
Adult only book store shall mean any establishment having 30% or more of its dollar volume in trade, books, magazines or other periodicals, which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse, obscenity, for sale to patrons therein.
(3)
Adult only motion picture theaters shall mean any enclosed building or premises for use in presenting 30% or more of its program material distinguished or characterized by an emphasis on matters depicting, describing or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse, obscenity, for sale to patrons therein.
(4)
Dance establishments shall mean any establishment or location where dancers are paid by the business enterprise or someone on their behalf.
(5)
Massage parlor shall mean any establishment primarily engaged in the business of providing massage services.
(6)
Nudity shall mean any exhibiting or the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernible turgid state.
(7)
Obscene material shall mean any description, narrative, account or display or depiction of a specified anatomical area or specified sexual conduct activity contained in, or consisting of, a picture, or other representation, publication, sound recording, live performance or film, which by means of posing, composition, format or animated sensual details, emits sensuality with sufficient impact to coordinate prurient interest on the area or activity as defined under the laws of the State of New Jersey.
(8)
Obscene film shall mean any motion picture film or preview or trailer to a film, not including newsreels, portraying actual current events or pictorial news of the day, in which a scene, taken by itself:
(i)
Depicts a specific anatomical area or specified sexual activity or the simulation of a specified sexual activity, or verbalization concerning a specified sexual activity, and
(ii)
Emits sensuality sufficient, in terms of the duration and impact of the depiction, to appeal to prurient interest; and as more fully defined under the laws of the State of New Jersey.
(10)
Specified sexual activity shall mean:
(12)
Rap parlor shall mean an establishment primarily in the business of providing nonprofessional conversation or similar services for adults.
(13)
Sauna shall mean an establishment primarily in the business of providing (1) a steam bath and (2) massage services.
(14)
Sexual conduct shall mean acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's unclothed genitals, pubic area, buttocks or if such person be a female, her breast.
(15)
Sexual excitement shall mean the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(16)
Sadomasochistic shall mean abusive flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
(d)
Permissible adult type uses shall only be permitted in a C-G1 Zone to the extent that they are permitted by federal, state (See N.J.S.A. 2C:34-1), county and local applicable laws. Nothing in this paragraph shall permit the sale, rental, exhibition use or operation of any obscene materials, obscene films or obscene products.
(e)
No permissible adult-type uses, as set forth above, shall be operated or maintained within 500 feet of any residentially zoned district, office-resident zoned district, any church, any state licensed day care facility, any schools or public educational facilities.
(f)
The 500 foot distance limitations set forth above shall be measured via a straight line from the property line of the premises in question to the property line of the residential, school or church as set forth above.
(g)
Any nonconforming use presently in existence shall be permitted to remain, for the purpose for which it is operating, provided it does not violate state or federal obscenity laws.
(h)
Severability clause. It is an express intention of this paragraph c5 that if any portion of the same should become determined by a court of proper jurisdiction as being invalid or unlawful, the remainder of the paragraph c5 shall continue in full effect.
(i)
Violations. Any violation of this paragraph c5 shall be subject to the fines or penalties existing under the violation section of the Township of Lyndhurst Zoning Code Chapter.