[Amended 7-16-1984 by Ord. No. 84-10]
The following lands and premises shown and designated on the
Tax Assessment Map of the Township of Washington as revised to October
1976 are hereby classified as Class C District:
|
Block
|
Lots
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|---|---|
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2417
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21 — 36
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3402
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18 — 21
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3403
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1 and 2
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There is hereby created and established in and for the Township
of Washington in the County of Bergen, New Jersey, a new district
to be known as "Class C Retail Business Area," consisting of three
retail business sections to be known as "Retail Business Section No.
1," "Retail Business Section No. 2" and "Retail Business Section No.
3," as hereinafter specified.
The boundaries of the above-created Retail Business Section
No. 1, Retail Business Section No. 2 and Retail Business Section No.
3 are shown and designated on a certain map entitled "Map of Retail
Business Zone Showing Sections 1, 2 and 3, Township of Washington,
Bergen County, New Jersey," scale: one inch equals 50 feet, dated
June 10, 1958, prepared by Richard M. Van Keuren, C.E., Professional
Engineer's License No. 677, Frank J. Henninger Associates, Emerson,
New Jersey, and Township Engineer of said Township, which said map
is hereby approved and is made a part of this chapter and is now on
file in the office of the Township Clerk of said Township.
There is hereby established and adopted a building setback line
in Retail Business Section No. 1 mentioned aforesaid, as shown and
designated by a dotted line and indicated by the words "35 Ft. Building
Setback" on the aforesaid map entitled "Map of Retail Business Zone
Showing Sections 1, 2 and 3, Township of Washington, Bergen County,
New Jersey," scale: one inch equals 50 feet, dated June 10, 1958,
prepared by Richard M. Van Keuren, C.E., Professional Engineer's License
No. 677, Frank J. Henninger Associates, Emerson, New Jersey, and Township
Engineer of said Township.
There is hereby established and adopted a limit of building area in Retail Business Section No. 2 and Retail Business Section No. 3 mentioned aforesaid, as shown and designated by dotted lines and indicated by the words "Limit of Building Area" on the said map hereinbefore mentioned and recited in § 580-49. In said Retail Business Section No. 3, the building area shall not, in any event, exceed a ratio of 30% for building area to 70% for parking area of the total area of said Retail Business Section No. 3 permitted herein for both building and parking.
A.
There is hereby established and adopted a ten-foot safety zone in the aforesaid Retail Business Section No. 2 along the southerly line of Westgate Road from Pascack Road to Woodfield Road and along the easterly line of Pascack Road from Westgate Road southerly to the rear line of the aforesaid Retail Business Section No. 2, as shown and designated by the words "10 Ft. Safety Zone" in the aforesaid Retail Business Section No. 2 on the said map hereinbefore mentioned and recited in § 580-49.
B.
There is hereby established and adopted a ten-foot safety zone in the aforesaid Retail Business Section No. 3 along the easterly line of Pascack Road from the rear line of the aforesaid Retail Business Section No. 2 southerly to the southerly line of the aforesaid Retail Business Section No. 3, as shown and designated by the words "10 Ft. Safety Zone" in the aforesaid Retail Business Section No. 3 on the said map hereinbefore mentioned and recited in § 580-49.
There is hereby established and adopted a ten-foot sidewalk area in the aforesaid Retail Business Section No. 2 and Retail Business Section No. 3, as shown and designated by the words "10 Ft. Sidewalk Area" in the aforesaid Retail Business Section No. 2 and Retail Business Section No. 3 on the said map hereinbefore mentioned and recited in § 580-49.
There are hereby established and adopted in the aforesaid Retail Business Section No. 2 and Retail Business Section No. 3 minimum twenty-foot delivery areas as shown and designated by the words "Minimum 20 Ft. Delivery Area" in the aforesaid Retail Business Section No. 2 and Retail Business Section No. 3 on the said map hereinbefore mentioned and recited in § 580-49.
There is hereby established and adopted in the aforesaid Retail Business Section No. 3 a minimum thirty-foot rear delivery area as shown and designated by the words "Minimum 30 Ft. Rear Delivery Area" in the aforesaid Retail Business Section No. 3 on the said map hereinbefore mentioned and recited in § 580-49.
There is hereby established and adopted in the aforesaid Retail Business Section No. 3 a minimum building setback line as shown and designated by the words "Minimum Building Setback Line" in the aforesaid Retail Business Section No. 3 on the said map hereinbefore mentioned and recited in § 580-49.
There is hereby established and adopted in the aforesaid Retail Business Section No. 3 a maximum building rear setback line as shown and designated by the words "Maximum Building Rear Setback Line" in the aforesaid Retail Business Section No. 3 on the said map hereinbefore mentioned and recited in § 580-49.
There is hereby established and adopted in the aforesaid Retail Business Section No. 3 a fifty-foot buffer zone as shown and designated by the words "50 Ft. Buffer Zone" in the aforesaid Retail Business Section No. 3 on the said map hereinbefore mentioned and recited in § 580-49.
There are hereby established and adopted in the aforesaid Retail Business Section No. 2 and Retail Business Section No. 3 parking areas as shown and designated by the words "Parking Area," in the aforesaid Retail Business Section No. 2 and Retail Business Section No. 3 on the said map hereinbefore mentioned and recited in § 580-49.
No driveway entrance or exit in the aforesaid Retail Business
Section No. 2 and Retail Business Section No. 3 shall be permitted
within 100 feet of any street or road intersection unless approved
by the Planning Board. In the event there are two driveway entrances
or exits to the parking areas in each of the aforesaid Retail Business
Section No. 2 and Retail Business Section No. 3, one-way traffic shall
be established to provide for one driveway entrance and one driveway
exit in each of said retail business sections.
[Amended 10-22-1990 by Ord. No. 90-12; 4-5-2021 by Ord. No. 21-03]
A.
Within any of the aforesaid Retail Business Section No. 1, Retail
Business Section No. 2 and Retail Business Section No. 3, no building
or structure or premises or area shall be used and no building or
structure shall be erected to be used in whole or in part except for
one of the following businesses or purposes:
[Amended 8-15-2022 by Ord. No. 22-12
(1)
Municipal buildings, not including municipal shops or warehouses
or buildings using power other than electrical power.
(2)
Public restaurants; post office; newspaper or job printing shop;
and motion-picture theaters having a capacity of not more than 650
seats.
(3)
Retail store or office, bank, copy center, UPS or Federal Express
or similar national delivery service store, catering establishment
for off-site delivery and pick-up, professional medical offices, general
and professional offices, massage facility, children's party room,
dry-cleaning establishment for pickup or delivery, but with no on-site
cleaning activities, pet grooming store, tailor shop, shoe repair
shop, barbershop, beauty parlor, bakery, plumbing shop, liquor store,
fitness facility, gym, health club, medical service facility including
physical therapy and urgent care services, health and wellness center,
hair salon, nail salon, health spa, flower shop, ice cream shop, donut
shop, coffee shop, pizza and sandwich shop, real estate sales agency,
travel agency, telephone/wireless sales and service store, and computer
sales and service store, provided that in the stores or shops no supplies
or merchandise shall be carried other than supplies or merchandise
typically sold in that approved business at retail on the premises;
and provided further that only electrical power shall be used for
operating machinery as may be consistent with the business permitted
by this section; and provided further that no supplies or merchandise
or personal property of any kind whatsoever shall be stored or displayed
outdoors; and provided further that any such use herein permitted
shall not endanger the public health or safety or constitute a public
nuisance or be noxious or offensive by reason of the emission of dust,
smoke, gas or noise. As used herein, the term "retail store" shall
mean a store in which retail sales occur when a business sells a product
or service to an individual consumer for his or her own use.
B.
All uses shall have their entrances front on Pascack Road.
C.
Prohibited uses.
[Added 6-2-1986 by Ord.
No. 86-7]
(1)
Any use other than those permitted under this section shall be prohibited.
Without in any way limiting the generality of prohibition of this
section, nothing contained herein shall be construed to permit any
of the following uses in any Retail Business Area:
(a)
Drive-in restaurants.
(b)
Fast-food restaurants.
(c)
Snack bars.
(d)
Car washes, whether standing independently or incorporated in
any other structure.
[Added 11-7-1988 by Ord.
No. 88-29]
(e)
Auto body and auto repair shops.
[Added 11-7-1988 by Ord.
No. 88-29]
(f)
Motor vehicle inspection stations.
[Added 11-7-1988 by Ord.
No. 88-29]
(g)
Discotheques.
[Added 11-7-1988 by Ord.
No. 88-29[1]]
[1]
Editor's Note: Original § 245-57C(1)(h), Tanning parlors, of the 1985 Code, which previously followed this subsection and was added 11-7-1988 by Ord. No. 88-29, was repealed 10-20-2003 by Ord. No. 03-16.
(h)
Nightclubs.
[Added 11-7-1988 by Ord.
No. 88-29]
(i)
Entertainment clubs.
[Added 11-7-1988 by Ord.
No. 88-29]
(j)
Pawnshops.
[Added 11-7-1988 by Ord.
No. 88-29]
(k)
Check-cashing establishments.
[Added 11-7-1988 by Ord.
No. 88-29]
(l)
Metal and jewelry exchanges.
[Added 11-7-1988 by Ord.
No. 88-29]
(m)
Laundromats.
[Added 11-7-1988 by Ord.
No. 88-29]
(n)
Taxicab, limousine, bus, livery or related businesses.
[Added 11-7-1988 by Ord.
No. 88-29]
(o)
The retail or wholesale sale of marijuana, marijuana-related
products or paraphernalia, irrespective of whether or not such sale
is for medical oriented purposes, inclusive of "head shops";
[Added 7-2-2018 by Ord.
No. 18-10]
(p)
The retail or wholesale sale of vaping products or paraphernalia,
or the use thereof on said premises;
[Added 7-2-2018 by Ord.
No. 18-10]
(q)
Hatchet-throwing business;
[Added 7-2-2018 by Ord.
No. 18-10]
(r)
Sex or adult entertainment shops.
[Added 7-2-2018 by Ord.
No. 18-10]
(s)
Storage facility.
[Added 4-5-2021 by Ord. No. 21-03]
(t)
Day-care center.
[Added 4-5-2021 by Ord. No. 21-03]
(u)
Party rooms for rental.
[Added 4-5-2021 by Ord. No. 21-03]
(v)
Appliance repair shop.
[Added 4-5-2021 by Ord. No. 21-03]
(2)
The foregoing prohibition arises from the findings of the Township
Council that the uses enumerated above have a deleterious effect upon
the health and safety of the community, generate additional traffic
in areas already overburdened with traffic problems, create a congregating
area for persons in the late hours of the night, create additional
burdens on municipal facilities and, in general, are not needed to
serve the public, which is already served by an adequate number of
food-service facilities in the community.
