The restrictions and controls intended to regulate development in each district are set forth in the attached schedules, which are supplemented by other sections of this Chapter.
There shall be excluded from any R-80, R-40, R-20, R-15, R10 and R-5 single-family residential districts "Conditional Uses" as permitted within the C-80 Conservation District. More particularly, golf courses, ski slopes and other similar downhill recreational facilities, swim clubs, country clubs, other similar outdoor recreational facilities.
In addition to the conditional uses enumerated in the attached schedules, there shall be permitted as conditional uses only in the B-10, B-12 and B-40 Districts the following uses:
a The leasing or renting of new or used cars, as an accessory use on a site upon which a principal permitted use is also being operated; provided, however, that the accessory use shall not occupy more than ten (10%) percent of the total area of the site; and further provided that the minimum zoning dimension requirements for the principal use shall be satisfied exclusive of the area assigned to the accessory use. No more than two (2) conditional accessory uses shall be allowed per site.
b. The conditional accessory uses described in the preceding paragraph shall not be allowed in the IP-120, GI-80, or GI-200 Zones.
c. Motor vehicle body repair shops are permitted as a conditional use in the B-40, B-12 and B-10 Districts.
d. Accessory apartments shall be permitted as a conditional accessory use in all residential zones upon the conditions established in subsection 24-6.1, paragraph j.
e. ML Zones. The following uses are permitted in both the ML-1 and ML-2 Zones:
1. Residential dwelling units;
2. Recreational facilities accessory to the residential use;
3. Off-street parking.
f. Professional and business offices shall be permitted as a principal use in the L.O.D. District. Parking, walkways, landscaping and lighting shall be permitted accessory uses.
g. Reserved.
h. Signs shall be permitted as a permitted accessory use in all zones upon the conditions established in subsection 24-6.8.
1. Nursery school and child daycare center.
j. The area, bulk and yard requirements for the POS Zone shall be the same as the requirements for the C-200 Zone.
k. In the IP-120 Zone the following conditional uses are allowed:
1. Essential services subject to subsection 24-6.9, paragraph b.
2. Health and fitness center facilities subject to subsection 24-6.9e.
l. In the GI-80 Zone District the following conditional uses are allowed:
1. Any IP-120 Zone conditional use, except health and fitness center facilities, under the same conditions as prescribed therein. (Ord. #574; 1976 Code Ch. 179; Ord. #622; Ord. #672; Ord. #732; Ord. #742; Ord. #798; Ord, #811; Ord. #851; Ord. #860; Ord. #883; 1976 Code §179-10; Ord. #906; Ord. #937x; Ord. #938, §§I, 3; Ord. #954; Ord. #955, §4; Ord. #992, §I; Ord. #978, §III; Ord. #1000, §l; Ord. #1011, §III; Ord. #1036, §III; Ord. #1038, §§I, II; Ord. #1120, §4; Ord. #1121, §4; Ord. #1123, §III; Ord. #1124, §I; Ord. #1155, §I; Ord. #1211, §III; Ord. #1230; Ord. #1252, §1; Ord. #1368, §II; Ord. #1401, §§II, IV)
Except as hereinafter otherwise provided:
a. No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the district in which such building or land is located
**Webmasters Note: The previous subsections, 24-4.1.h through 24-4.2a., have been amended as per Supplement No. 11.
b. No building or structure shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located.
c. No building or structure shall be erected, no existing buildings or structures shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.
d. No yard or other open space provided about any building for the purpose of complying with the provisions of this Chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one (1) lot shall be considered as providing a yard or open space for a building on any other lot
e. No minimum off-street parking area or loading or unloading area shall be considered as providing off-street parking, loading or unloading for a use or structure on any other lot or parcel than the principal use to which it is ancillary, except as provided herein.
f. The sale of goods outside the confines of a building or structure is prohibited except for the following
1. The sale of automobiles by new automobile sales dealerships.
2. The sale of agricultural and horticultural products as provided in subsection 24-6.1, paragraph a.
3. The sale of products for garden supply and building material establishments.
4.The sale of gasoline and related automobile parts at automobile service stations
5.Garage sales subject to the issuance of a special permit by the Township Council.
6.Outdoor sales for non-profit and philanthropic organizations subject to the issuance of a special permit by the Township Council on public or quasi-public lands in accordance with Chapter VIII of the Code of the Township of Mahwah.
7.Outdoor sales of winter holiday season trees and wreaths subject to the issuance of a special forty-live (45) day approval by the governing body, and in accordance with regulations described. in subsection 24-6.f.2(k)
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 1527.
8.The temporary outdoor display and/or sale of products by a retail business establishment subject to the issuance of a 45-day permit by the Zoning Officer and subject to any applicable restrictions and/or any prohibition pursuant to a development approval by the appropriate land use board and applicable ordinances, rules anal regulations and statutes. Such outdoor display and/or sale of such products permitted herein shall not extend further than ten (10) feet beyond the storefront, shall be located a minimum of four (4) feet froze the curb line, shall not impede pedestrian traffic on public sidewalks and shall not block any existing parking spaces. No permit shall be issued to any single retail business establishment more than four (4) times per calendar year and no more than one (1) time per each calendar quarter. The permit fee shall be $25.00.
**Webmasters Note: The previous subsection has been added as per Ordinance No. 1527.
9.The permanent display and/or sale of newspapers, newsletters and catalogues and the display and/or sale of goods provided that such display and/or sale shall not occupy more than a sixty (60) square foot area, shall be located a minimum of four (4) feet from the curb line, shall not extend further than ten (10) feet beyond the storefront, shall not impede pedestrian. traffic on public sidewalks and. shall not block any existing paring spaces.
**Webmasters Note: The previous subsection has been added as per Ordinance No. 1527.
g No commercial trailers, or vehicles used or intended for conveyance upon public highways either under their own power or by attachment a motor vehicle or through other means of transportation, shall be used for the storage of any type of goods or materials on any premises in any zoning district within the Township. Any commercial trailers or vehicles described in the preceding sentence shall be deemed to be used for storage purposes if the trailer or vehicle remains on the premises in excess of seven (7) days. (Ord. #574, Ord. #622; Ord. #742; Ord. #770; 1976 Code § 179-11; Ord. #1115, § I)
Any use not specifically designated as a principal permitted use, an accessory use or a conditional use is specifically prohibited from any zone district in the Township.
a Massage Parlors, Bath Parlors and Adult Book Stores.
1.Purpose The purpose of this paragraph is to control and regulate the distribution, sale, circulation and exposure of magazines, pictures, drawings, photographs and other publications devoted to the presentation and exploitation of sexual acts, normal or perverted, lust, passion, depravity, nudity, immorality, and the distribution and sale of devices, implements and other materials designed to sexually stimulate.
It is further declared that the operation of any establishment, public or private, as a massage parlor, bath parlor or any similar type of business where any physical contact with the recipient of such service is provided by any person is a matter of public concern due to its noxious nature and the provisions hereinafter described are enacted and their necessity in the public interest is hereby declared as a matter of legislative determination.
2. Definitions. As used in this paragraph:
(1) The dominant theme of the material taken as a whole appeals to the prurient interest; and
(2) The material is patently offensive because it affronts contemporary community standards, relating to the description or representation of sexual matters; and
(3) The material is utterly without redeeming social value, or the work taken as a whole lacks serious artistic, literary, political or scientific value
3. Prohibitions. No building, structure or premises shall be used or occupied for any of the following purposes:
(a) Operation of any establishment as a massage parlor, bath house or any similar type commercial business where any physical contact with a patron is provided which contact results in sexual activity or stimulation.
(b) Use or occupancy of any building, structure or premises as an adult book store as herein defined.
4. Violations.
(a) Upon a determination that violation of paragraph a., 3. hereof has occurred, the Zoning Enforcement Officer shall give written notification by personal service or by certified mail/return receipt requested to the occupant, owner or person in charge of the subject premises of a determination of paragraph a., 3. violation. Furthermore, the notice shall state that the certificate of occupancy and any other Municipal license or approval for the premises shall be subject to revocation upon a finding of violation of paragraph a. 3. by the issuing authority at a hearing to take place no earlier than fifteen (15) days nor more than thirty (30) days after service of notice.
(b) Service shall be deemed accomplished upon the occupant, owner or person in charge of the subject premises when the following conditions are met:
(1) As to individuals generally, upon an individual other than an infant under fourteen (14) years of age or an incompetent person, by delivering a copy of the notice to him personally; or by leaving a copy thereof at his usual place of business with any competent agent, servant or employee of the business over the age of fourteen (14) years working therein; or by delivering a copy thereof to a person authorized by appointment or by law to receive service of process on his behalf; or by service by certified mail/return receipt requested to the last address furnished to the issuing authority by the occupant, owner or person in charge as set forth in the application filed with the issuing authority by the individual.
(c) Notice and conduct of public hearing shall be as follows:
(1) Notice shall contain a reasonably specific statement of the charge together with time, date and place of the hearing before the Planning Board, or other issuing authority, as the case may be. The hearing shall be held and the Municipality shall present such testimony and witnesses as it deemed appropriate to prove the charge. Furthermore, the holder may cross-examine said witnesses or may offer testimony and/or evidence on its own behalf with or without counsel.
(d) If a majority of the issuing authority is convinced by the preponderance of the evidence that either the holder or his agent, servant or employee committed the subject violation upon the premises, then the issuing authority shall forthwith revoke said license, Municipal approval, or certificate of occupancy issued to said holder.
5. Additional Sanctions in the Event of Criminal Violations Occurring upon the Premises.
(a) In the event that a holder of a license or certificate of occupancy issued by this Municipality shall either plead guilty to a violation of N.J.S.A. 2C:34-1, 2C:34-2, 2C:343 or 2C:34-4, or be convicted of such offense, provided such conviction arises out of activity upon the licensed premises, then said holder shall suffer the additional penalty of revocation of such license or certificate of occupancy following notice and the hearing as set forth in paragraph a., 4. herein.
In the event that an agent, servant or employee of said holder shall plead guilty or be found guilty of violating N.J.S.A. 2C:341, 2C:34-2, 2C:34-3, or 2C:34-4 for activities on such licensed premises, then a rebuttable presumption shall exist that the holder consented to such activity and such holder's license or certificate of occupancy shall be revoked by the issuing authority in accordance with paragraph a., 4. set forth above. However, the holder shall be afforded a public hearing, upon notice pursuant to paragraph a., 4. of this subsection prior to imposition of the penalty. (Ord. #574; Ord. #785; 1976 Code § 179-12)
