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West Caldwell City Zoning Code

§ 20-20.1

Specific Prohibited Uses.

[Ord. No. 890 § 20-20.1; Ord. No. 937; Ord. No. 1171 § 1; Ord. No. 1419 §§ 27, 28; Ord. No. 1425 § 1; Ord. No. 1464 § 10; Ord. No. 1488 § 4; Ord. No. 1522 § 9; Ord. No. 1538 § 5; Ord. No. 1745 § 7; Ord. No. 1797-2017 § 8; Ord. No. 1812-2018]
Any use not specifically permitted in a zone district established by this chapter is specifically prohibited for that district, and more particularly the following uses and activities and related or similar uses and activities are prohibited on every and all properties in the Township of West Caldwell:
a. 
Used car lots, except when in connection with a permitted new car business conducted on the same lot.
b. 
Junk yards, automobile wrecking or disassembly yards, the sorting or bailing of scrap metal, paper, rags or other scrap or waste material and similar uses.
c. 
Outdoor drive-in theaters and all outdoor amusements, including, but not limited to, carousels, roller coasters, ferris wheels, pony or train rides, midways, sideshows and similar outdoor commercial recreation facilities.
d. 
Motels, hotels, bed and breakfast facilities, inns, guest/rooming/boarding houses, mobile homes, trailer parks, house trailers, tents, campgrounds and similar establishments.
e. 
Public dance halls, billiard halls, arcades, fortune telling establishments, pinball or game rooms, except as permitted in the B-1 Special Business District.
f. 
Sale, rental, display, manufacture, distribution, processing or storage of paraphernalia relating to controlled dangerous substances as defined by N.J.S.A. 24:21-1, et seq. Also, the growth and sale of recreational marijuana. However, this shall not apply to medicinal marijuana sold pursuant to N.J.S.A. 24:61-1, et seq. and alternative treatment centers operating in accordance with N.J.S.A. 24:61-1, et seq.
g. 
Sale, rental, display, manufacture, distribution, processing or storage of "obscene material" as defined by N.J.S.A. 2C:34-2, et seq., including, but not limited to, adult book stores, businesses showing x-rated motion pictures or live acts, sex clubs and other businesses dealing primarily with indecent or obscene materials, acts or paraphernalia.
h. 
Auction establishments, private meeting halls, kiosks of all types, flea markets, tattoo parlors, massage parlors, methadone clinics, public swimming pools as commercial businesses and outdoor coin-operated vending machines, except newspaper vending machines in B-2 and B-3 Districts.
i. 
Airports, heliports, and helispots and other facilities required for landing or departure of airborne vehicles.
j. 
Drive-in, drive-through or drive-up service or sales facilities whether or not part of an existing service or sales facility, with the exception of bank and pharmacy drive-up facilities, automobile laundries and, to the extent permitted pursuant to Subsection 20-17.26, fast-food restaurants.
[Ord. No. 1797-2017 § 8]
k. 
Roadstands and establishments commonly called snack bars, and similar businesses primarily engaged in the sale of food, soft drinks, ice cream and similar consumables which are so prepared and served as to be intended for immediate consumption outside the confines of the building or structure in which such business is conducted or while standing within such building or structure or while seated in parked motor vehicles; except when such establishments are primarily engaged in the sale of ice cream or similar desert type products, neither cook nor reheat any food products, occupy no more than 1600 square feet, have no indoor seating, conduct all transactions solely within the confines of the building or structure in which they are located, and are located within a shopping center with a minimum aggregate floor area of 7,500 square feet which the Planning Board has determined to constitute an integrated retail shopping area.
l. 
Parking lots, other than as an accessory to a principal use.
m. 
Public storage warehouses and yards, carting, hauling and trucking depots and terminals, except consignment storage as permitted by and limited to the provisions of Subsections 20.13.2a and 20-14.2a. Storage, parking, servicing or repairing of garbage trucks or similar vehicles.
n. 
Business establishments primarily involved in the sale, display, manufacture, distribution, processing or storage of building materials, including lumber, stone and brick yards, and other outdoor storage yards, except as accessory to a permitted use.
o. 
Storage of flammable, combustible or hazardous liquids, in above-ground storage tanks, except that fuel oil tanks for supplying oil burning heating equipment, provided the capacity of such tanks does not exceed 660 gallons for each building served, shall be permitted.
p. 
Sale, rental, display, manufacture, distribution, processing or storage of firearms or other lethal weapons, explosives, radioactive materials or other hazardous substances, except as normally and customarily incidental to licensed health care uses or as permitted pursuant to Subsection 20-19.1b.
q. 
Rolling, swinging, sliding, accordion or other movable or permanently fixed security gates, doors, grates or similar structures, whether solid or not, if the same are visible to the general public. Notwithstanding the foregoing, rolling, swinging or sliding fence gates which control ingress or egress to an approved fenced area shall be permitted.
r. 
Flammable liquid bulk plants.
s. 
Bulk storage of liquefied petroleum gas.
t. 
Retail warehouses, stack storage facilities and other individual retail business establishments having gross ground floor areas exceeding 100,000 square feet or which require more than 500 parking spaces or more than 15 loading spaces.
u. 
Commercial communications antennas, except as a conditional use in M-2 Districts, and if mounted on an existing high-tension electric tower, a conditional use in the M-1, M-2, B-3 and OS Districts.
v. 
Establishments for the medical care, day care, boarding, treatment or breeding of cats, dogs or other animals, including kennels, and animal hospitals, farms and clinics, except veterinary or animal hospitals, as permitted by and limited to such facilities in compliance with the provisions of Subsection 20-11.3b and Subsection 20-17.28.
[Amended 7-9-2019 by Ord. No. 1820-2019]
w. 
Commercial incineration and refuse transfer stations. Slaughterhouses, including incineration, reduction, storage or dumping of slaughterhouse refuse, rancid fats, dead animals or offal, except by the municipality or its agents.
x. 
Sandpits, mining operations, quarrying activities and other extractive processes and the commercial stripping of topsoil.
y. 
All 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 New Jersey licensed cannabis delivery service having its license premises based at a location outside the geographic boundaries of the Township of West Caldwell, and which the delivery of such cannabis items and related supplies is initiated from such licensed location.
[Added 8-17-2021 by Ord. No. 1849-2021]
1. 
The establishment or operation of a cannabis establishment, cannabis distributor, or cannabis delivery service in the Township of West Caldwell constitutes a violation of this Chapter, subject to the fine and penalties subject herein. Violations of this Chapter shall be punishable in accordance with Section 1-5 of the Township of West Caldwell Municipal Code.