§ 154-77. Prohibited uses.

A. 

Noxious or offensive uses.

(1) 

No building may be erected, altered or used and no lot or premises may be used in a Residence or Business District for any use which is noxious or offensive by reason of odor, dust, vibration, illumination or noise or which constitutes a public hazard whether by fire, explosion or otherwise in the immediately surrounding area. In an Industrial District, no use which shall create a noxious, offensive or hazardous condition beyond an Industrial District boundary line shall be permitted. In determining whether a proposed manufacturing use is noxious, hazardous or offensive, the following standards, in addition to those set forth in Article VII, shall apply. The proposed operation or use shall not:

(a) 

Constitute a public nuisance by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor or dust;

(b) 

Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the district boundary line;

(c) 

Endanger surrounding areas by reason of fire or explosion;

(d) 

Produce objectionable heat or glare in neighboring nonindustrial areas;

(e) 

Result in electrical disturbance in nearby residences;

(f) 

Contribute to the pollution of waters; or

(g) 

Create any other objectionable condition which will endanger public health or safety or be detrimental to the proper use of the surrounding area.

(2) 

The applicant for a use which is subject to review by the Board of Adjustment shall demonstrate, as a condition of approval, that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed use will not be noxious, hazardous or offensive as defined above and in Article VIII hereof. In order to determine that adequate safeguards are provided, the Zoning Administrative Officer or the Board of Adjustment may require that the applicant submit necessary information, plans, impartial, expert judgments and written assurances; obtain the expert advice of official agencies or of private experts or consultants; and make such reasonable tests as are deemed necessary.

B. 

No lot or premises may be used for a trailer camp nor shall any trailer or trailer camp be permitted within any district.

C. 

The excavation or removal of sand, gravel, topsoil or similar materials shall not be permitted for sale or for use other than on the premises from which the same shall be taken except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto.

D. 

No tent shall be used for dwelling purposes in any district.

E. 

No commercial migrant labor camp shall be permitted within any district.

F. 

No building, lot, premises or any portion thereof shall be permitted to be used in any zoning district of the Township of Mount Laurel, by any person, persons, firm, partnership or corporation, in or for the business of dealing in secondhand or used motor vehicles as defined herein. For the purpose of this section, "secondhand or used motor vehicles" are defined as being motor vehicles which have not been acquired by a person, persons, firm, partnership or corporation in a trade-in transaction arriving from and out of a sale or disposition at retail of new motor vehicles in the Township.

[Amended 4-15-1968 by Ord. No. 1968-4]

G. 

No commercial sanitary landfills shall be permitted in any district other than sanitary landfills operated by the Township of Mount Laurel or an agency thereof; however, nothing set forth in this subsection shall be deemed to prohibit any lawful land reclamation program, which program is herein defined as being a program of filling in premises or making foundational improvements so as to prepare the premises for a use permitted under the terms of this chapter in those cases where the topographical and geological or marginal characteristics of the land render it useless for permitted uses as designated in this chapter. Said lawful land reclamation program shall be permitted, provided that:

[Amended 8-18-1969 by Ord. No. 1969-13]

(1) 

An application is made to the Zoning Board of Adjustment for a permit prior to the commencement of such lawful land reclamation program.

(2) 

All fill to be used in a lawful land reclamation program shall be approved by the Zoning Board of Adjustment and shall not include garbage, refuse, animal, vegetable or other putrescible matter or rubbish as hereinafter defined or any fill or method of fill found by the Board to be detrimental to public health, safety or welfare or to create drainage problems. The words "garbage," "refuse" and "rubbish," as they appear in this chapter, are hereby defined as follows:

GARBAGE

Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

REFUSE

All putrescible and nonputrescible solid wastes, including body wastes, dead animals and automobiles, solid market and industrial wastes.

RUBBISH

Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cardboard, tin cans, glass, bedding, trash and similar materials.

(3) 

The Zoning Board of Adjustment shall determine and, where necessary, impose conditions to ensure that the fill and method thereof will not create harbors for rodents, will not cause dust or other annoyance or injury to adjoining properties, will be conducted with regard for public safety, will be commenced and thereafter diligently carried to a conclusion in a reasonable time, will be conducted in such a manner and on such days and between such hours as not to cause annoyance to others and will be stabilized by seeding or other means upon completion.

H. 

No use shall be permitted that results in the generation, storage, treatment or disposal of hazardous waste (as defined in § 87-2 of the Code of the Township of Mount Laurel) or the treatment of solid waste (as defined in N.J.S.A. 13:1E-3).

[Added 3-5-1984 by Ord. No. 1984-6]

Editor's Note: Section II of this ordinance reads as follows: "The Township Council hereby incorporates the provisions of §§ 154-7 through 154-9 of the Code of the Township of Mount Laurel to govern the violations of this ordinance."

I. 

A use that is not specifically listed in a zoning district is prohibited.

[Added 12-1-2003 by Ord. No. 2003-30]

J. 

All permanently installed basketball poles, backboards and nets shall be prohibited from being located in any street right-of-way.

[Added 12-1-2003 by Ord. No. 2003-34]

K. 

Amusement facilities.

[Added 12-15-2003 by Ord. No. 2003-20]

L. 

Laser light shows and displays.

[Added 12-15-2003 by Ord. No. 2003-20]

M. 

Fireworks shows and displays.

[Added 12-15-2003 by Ord. No. 2003-20]

N. 

Paintball.

[Added 12-15-2003 by Ord. No. 2003-20]

Editor's Note: Former Subsection O, which listed ground-mounted solar energy systems as a prohibited use, was repealed 2-25-2019 by Ord. No. 2019-6.