Article XIII B-1 Highway Commercial District

Editor's Note: Former Subsection E, which provided for motels as a permitted use, was repealed 2-28-1984 by Ord. No. 84:3.

Newspaper offices and printing establishments.

Laundry, dyeing and cleaning works.

New car and truck dealership and used car and truck sales and service wherein used car and truck sales and service is accessory to new car and truck sale uses and that outdoor display and/or storage of used cars and trucks does not exceed 30% of the total outdoor display and storage area of cars and trucks.

Lumberyards and storage warehouses.

Offices for executive or administrative personnel; scientific or research laboratories; experimental or computation centers.

The packing, fabricating, finishing or assembly of:

Beverages (nonalcoholic only).

Candy.

Toilet supplies (except those involving fat-rendering processes).

Metal products.

Electrical appliances, fixtures or components.

Electrical instruments or devices.

Restaurants, as defined in § 430-8A.

[Amended 7-15-1997 by Ord. No. 97:21; 12-19-2021 by Ord. No. 2021:26]

(Reserved)[2]

Editor's Note: Former Subsection M, regarding mobile food vendor establishments, added 2-24-1987 by Ord. No. 87:3, was repealed 12-19-2021 by Ord. No. 2021:26.

Pet shop, provided that such use is established within the confines of a freestanding structure only and not within a structure containing other uses separated by common walls.

[Added 5-12-1987 by Ord. No. 87:21]

Automobile repair services.

[Added 3-14-2000 by Ord. No. 2000:7]

Medical and dental offices and clinics.

[Added 3-14-2000 by Ord. No. 2000:7]

Health care support services and ambulance services.

[Added 3-14-2000 by Ord. No. 2000:7]

Educational and vocational training institutions and schools.

[Added 11-27-2012 by Ord. No. 2012-37]

Brewpubs as defined in § 430-8A.

[Added 3-17-2020 by Ord. No. 2020:07]

Personal services as defined in § 430-8A.

[Added 12-19-2021 by Ord. No. 2021:23

Educational instruction as defined in §430-8A.

[Added 12-19-2021 by Ord. No. 2021:23

Recreational instruction as defined in §430-8A.

[Added 12-19-2021 by Ord. No. 2021:23

§ 430-86 Prohibited uses.

[Amended 5-12-1987 by Ord. No. 87:12; 7-10-1990 by Ord. No. 90:48]

The following uses, whether as a main use or as an accessory use, are hereby strictly prohibited and shall include but not be limited to:

Used car and truck sales and lots, except as permitted in § 430-85H.

Arcades, carousels, roller coasters, merry-go-rounds, Ferris wheels, pony-riding track, exhibitions of wild animals and similar commercial amusements, except in connection with a carnival or circus having special permit from the Township Council.

The manufacture, storage and sale of ammunition, explosives and fireworks, except that preassembled, boxed ammunition may be sold as an incidental use solely in connection with the sale of small arms for sporting and recreational purposes subject to the licensing, security and public safety requirements of the Township, State of New Jersey and United States Government.

Quarries, stone-crushing and excavations.

Heavy manufacturing.

Trailer camps and mobile home camps.

Private garages as a primary use of the property.

Fertilizer plants.

The processing and canning of food for wholesale distribution, except as permitted in § 430-85K.

Drive-in restaurants as defined in § 430-85L.

Junkyards, auto wrecking and scrap metal bailing uses.

Commercial dog kennels.

§ 430-87 Accessory uses.

Any accessory use on the same lot which is customarily incidental to the principal use permitted on the same lot shall be permitted, such as but not necessarily limited to:

Maintenance and storage buildings.

The operation of amusement machines (as that term is defined by Chapter 86, Amusement Machines) is permitted as an accessory use:

[Added 1-26-1982 by Ord. No. 1:82; amended 12-14-1982 by Ord. No. 79:82; 5-9-1995 by Ord. No. 95:13]

On premises where the primary use of such premises is as an indoor theater, bowling alley or similar establishment or is an establishment licensed to sell alcoholic beverages for on-site consumption, subject to the following regulations:

There shall be 60 square feet of operating area for each machine. The square footage measurement of the operating area shall exclude any area of the premises which is used for other purposes but shall include accessways and walkways primarily serving the machine. There shall be no more than five machines permitted.

The maximum area devoted to such machines (60 square feet times the number of licensed machines) shall not constitute more than 30% of the gross floor area of the establishment.

On all other premises where the primary use is some other use permitted in this zone, subject to the following regulations:

The maximum area devoted to such machines (60 square feet times the number of licensed machines) shall not constitute more than 30% of the gross floor area of the establishment.

The maximum number of amusement games permitted in such establishments is two.

§ 430-88 Conditional uses.

[11-23-1982 by Ord. No. 76:82; 5-10-1983 by Ord. No. 83:37; 5-9-1989 by Ord. No. 89:21; 3-14-2000 by Ord. No. 2000:7; 3-14-2000 by Ord. No. 2000:7; 12-19-2021 by Ord. No. 2021:23; 5-20-2025 by Ord. No. 2025:08]

The following conditional uses shall be permitted:

Construction equipment sales, maintenance and repair, subject to:

No outdoor repairs.

Automobile service stations, subject to all development regulations of the district, and further subject to the following regulations:

No gasoline service station, garage or automobile repair facility shall be located within 100 feet of a residential zone or school, nor within 500 feet of a place of worship, hospital, library or other places of public assembly capable of seating over 100 persons. This provision shall apply only to new auto service stations and shall not affect existing stations which are in operation at the time this subsection is adopted. Additionally, no more than three service stations shall be permitted within a linear mile along any street.

A gasoline service station may also provide for the retail sale of retail goods in the form commonly referred to as "convenience food items," provided that the building within which these goods are served does not exceed 2,500 square feet in floor area.

A minimum lot area of 25,000 square feet and a minimum street frontage of 150 feet shall be required for any new gasoline service station approved following the date of adoption of this subsection.

No part of any building shall be set back closer to a lot line than 50 feet. No gasoline pumps, oil pumps or other service appliances shall be located within 35 feet of any lot line. No canopy over a gasoline pump may be permitted closer to a street line than 15 feet.

Driveways serving a service station shall have a minimum width of 16 feet, nor be more than 30 feet in width, shall be located not nearer than 15 feet from any lot line, nor 50 feet from a street intersection, and shall be designed so that exiting vehicles do not have to back out across any sidewalk, street or right-of-way.

All services or repairs to or for motor vehicles, other than such incidental items as the changing and filling of tires or the sale of gasoline or oil, shall be conducted within the confines of a building capable of being wholly enclosed. Such building shall be a minimum 1,500 square feet in size.

(7)

Sales and displays of vehicles are prohibited. No station shall store, out of doors in a front yard, wrecked, damaged or disassembled (wholly or in part) vehicles, materials or supplies. Storage areas for vehicles located in side and rear yards shall be fully screened from surrounding properties.

(8)

The following signage regulations may be applicable to automobile service stations:

One freestanding sign advertising the name of the station, including any special company or brand name, insignia or emblem, provided that such sign shall not exceed 30 square feet in area on each side and shall be placed a minimum of 10 feet from a property line and a minimum of 10 feet and a maximum of 20 feet above the ground. The freestanding sign may also include a pricing sign not to exceed 25 square feet in size.

One wall sign bearing a brand name and/or insignia, not exceeding 20 square feet in area, may be affixed to the face of the building.

Customary lettering or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of the gasoline sold, lead warning sign, a price indicator and any other sign required by law, and not exceeding a total of two square feet on each pump.

(d)

Lettering indicating the name of the gasoline sold and an insignia shall be permitted on a canopy, not exceeding a total of 20 square feet in area.

Car wash, subject to the following:

Recognizing that the principal building used in a car wash is generally of uniform design allowing for one or two bays and office and storage area, no such principal building when permitted shall be built and used unless it has a minimum of 2,500 square feet and a maximum of 20% of land area.

Such use shall provide adequate stacking area for a minimum of 25 cars per bay or washing aisle on use property. The stacking system shall in no way hinder or impair normal traffic flow on roads or traffic flow on adjoining property.

Shopping centers.

Procedure and requirements. In any B-1 District, an applicant proposing the development of a "shopping center," as herein defined, shall meet the following requirements in addition to development regulations of this zone. An applicant may apply to the Planning Board for sketch site plan review prior to making formal application to the Board. The specified supporting data and accompanying information shall be filed at the time of preliminary site plan application, all in accordance with the applicable sections of Chapter 225, Land Use, Subdivisions and Site Plans.

A preliminary site plan showing a unified arrangement of buildings, off-street parking, internal traffic circulation, service facilities, pedestrian walks, loading or unloading areas, streams and topographic information for the lot and surrounding area within 200 feet of any lot line. The site plan shall also show location and arrangement of proposed lawns, trees or areas of massed shrubs.

The site plan shall be accompanied by preliminary architectural sketches indicating the type of materials to be utilized for exterior walls and space to be allocated to various uses.

The site plan shall be accompanied by a market analysis providing the need for the center and carried out by an individual or firm experienced and recognized in this field. It shall include the following:

Delineating of the trade area of the proposed center.

The existing and projected population of the trade area.

[3]

Determination of effective buying power in the trade area.

[4]

The amount and percentage of buying power in the trade area allocated to the proposed shopping center.

[5]

The amount and percentage of buying power in the proposed trade area which will be expended in existing commercial areas.

(d)

The site plan shall be accompanied by a time schedule indicating when the various stages of construction will be initiated after final approval.

(e)

The site plan shall be accompanied by a traffic study prepared by a licensed professional engineer or traffic consultant indicating the impact which the center will have on surrounding roads. It shall include the following elements:

Estimated peak hourly traffic to be generated by the center.

Assignment of estimated peak hourly traffic by percentage and volume to surrounding roads.

[3]

Determination of unused capacity of surrounding roads during peak hours.

[4]

Recommendations for necessary road improvements, such as acceleration and deceleration lanes and traffic control devices recommended for public roads or highways surrounding the site.

Standards and criteria. In evaluation, the preliminary site plan and accompanying and supporting information shall meet the following standards:

No site shall have a lot width of less than 600 feet nor a lot depth of less than 500 feet.

Not more than 20% of the lot area shall be used for buildings or structures.

No building shall exceed 25 feet in height.

(d)

No structure shall be located within 50 feet of any side or rear property line or within 80 feet of the right-of-way of any street or road.

(e)

No parking area shall be located closer than 30 feet to any front lot line, nor closer than 10 feet to the side and rear lot line.

(f)

In any B-1 Zone near or abutting a residential zone, fences, walls or year-round screen planting may be required to shield adjacent areas from parking lot illumination and headlights and to diminish the visual encroachment on residential privacy and residential neighborhood character. The Planning Board may waive the requirement for screening if equivalent screening is provided by parks or by topography or other natural conditions.

(g)

Any part of the center not used for structure, loading accessways, parking or pedestrian walks shall be landscaped with grass, trees or shrubs.

(Reserved)

Amusement parlors.

Procedures and requirements. In any B-1 District, an applicant proposing the development of amusement parlors, as defined by this chapter, shall meet the following requirements in addition to development regulations of this zone. An applicant may apply to the Planning Board for conceptual site plan review prior to making formal application to the Board. Specified supporting data and information shall be filed at the time of preliminary site plan application, all in accordance with the applicable sections of the land development ordinances of the Township of Parsippany-Troy Hills.

(Reserved)

Restrictions and requirements for amusement machines.

Where there are five or less amusement machines, as defined above, located in one place or premises, same will be permitted without the requirement of a conditional use permit, subject to the licensing requirements in Chapter 86, Amusement Machines, where same is permitted by this chapter as an accessory use.

Amusement parlors shall be allowed only upon approval by the Planning Board under a conditional use procedure and the issuance of a conditional use permit. The Planning Board shall determine, based on plans to be submitted by the applicant, that there is sufficient space for such machines to prevent overcrowding of users or interference with pedestrian circulation on the rest of the premises, that traffic circulation can be adequately accommodated and that there is no undue concentration of such complexes or adverse effects on young persons utilizing schools and churches, subject to the following specific requirements:

Amusement parlors shall be located at least 500 feet from high school buildings, high school playgrounds and church buildings and at least 1,500 feet from each other. The distance shall be measured from the nearest entrance of the amusement parlor to the nearest entrance of the high school or church building or, in the case of a high school playground, to the nearest high school property line. There shall be no distance requirement applicable to elementary or junior high school buildings or playgrounds.

The amusement parlor shall be located in an open room. The room shall be arranged so that there is a management attendant within the room, who can easily see and supervise the interior of the room.

[3]

Adequate space shall be provided for each game machine so as to allow its use without overcrowding. A minimum width of two feet shall be provided per machine where the machine is designed for use by one player, and 3 1/2 feet where the machine is designed for use by two players. There shall be a minimum of two feet between all machines. The depth of the space in front of the machine shall be at least five feet, and there shall be a minimum aisle width beyond this five feet of an additional three feet. Fire Underwriters' code requirements shall also be complied with.

[4]

Off-street parking, in addition to that otherwise required for the users on the premises, shall be provided in the amount of one space per two amusement machines. Adequate special parking facilities for bicycles, mopeds and motorcycles, as determined by the Planning Board, shall be provided.

[5]

The amusement parlor shall be designed and/or laid out so that no sound from any game machines shall be discernible in any adjacent premises.

[6]

Readily visible signs shall be installed, with their location, size and text shown in the plans submitted to the Planning Board, indicating that the use of machines by persons under 16 years of age shall not be permitted at any time during which the local public schools are in session, unless such person is accompanied by a parent or legal guardian. Where the premises are used primarily for the serving or consumption of alcoholic beverages, visible signs shall indicate that the use of amusement machines by persons under the legal drinking age is prohibited at all times.

Fast-food restaurants located within a shopping center and subject to the following conditions:

The location and design of the fast-food restaurant shall be reviewed within the context of the overall shopping center site plan and is required to conform to all conditions and standards set forth for shopping centers as per § 430-88D.

May be constructed as a separate stand-alone building or as part of a building with other uses, except that a drive-through shall only be permitted in conjunction with a separate stand-alone building.

Drive-through lanes must be separated from parking areas and circulation aisles with a five-foot landscaped island which is located and designed in a manner that provides safe ingress and egress to and from the drive-through.

Signage shall be provided in accordance with the standards of the B-1 District and the Township's sign regulations,[1] except that a separate freestanding sign is not permitted.

Editor's Note: See Art. XXXVIII, Signs, of this chapter.

Minimum building size for stand-alone fast-food restaurant-buildings shall be 2,500 square feet of gross floor area.

Building height for stand-alone fast-food restaurant buildings shall be no more than one story and 20 feet.

(7)

Parking shall be provided in accordance with the Township requirements for restaurants.

A cannabis establishment associated with a Class 5 cannabis retailer (dispensary) with license(s) issued by the permitting authority with regulatory jurisdiction of adult-use cannabis ("cannabis establishment" as defined by § 119-2 of this Code), subject to compliance with the regulations set forth in Chapter 119, and the following requirements:

Class 5 cannabis retailer (dispensary) establishment licensee shall be located on a lot with frontage on the arterial roadways of New Jersey State Highway Route 10 and 46 as designated by the 2010 Functional Classification Map for Morris County prepared by the New Jersey Department of Transportation, dated April 20, 2017, and revised for the urban area dated February 28, 2017, as may be amended from time to time;

Class 5 cannabis retailer establishment must be in full compliance with Chapter 119 of the Township Code, and must be issued a Township cannabis business license.

Minimum lot size shall be the minimum lot size required in the zone district;

No advertising signs shall be located within 20 feet of a public or private way and must be set back a minimum of 20 feet from all property lines. All signs shall otherwise comply with § 430-289. No signs shall be permitted to display a cannabis leaf or any other symbol associated with the cannabis plant;

No such licensed retailer or delivery cannabis establishment shall be maintained or operated in a manner that causes, creates or allows the public viewing of cannabis, cannabis-infused products or cannabis paraphernalia or similar products from any sidewalk, public or private right-of-way;