No building, structure or premises shall be
used and no building or structure shall be erected or structurally
altered, except for the following uses:
A.
Retail and wholesale household and business supplies.
B.
Electrical, heating, ventilating, air-conditioning,
plumbing and refrigeration equipment sales and service businesses.
C.
Business and professional offices.
D.
Indoor theaters, indoor tennis courts, skating rinks,
handball courts and health clubs.
F.
Newspaper offices and printing establishments.
G.
Laundry, dyeing and cleaning works.
H.
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.
I.
Lumberyards and storage warehouses.
J.
Offices for executive or administrative personnel;
scientific or research laboratories; experimental or computation centers.
L.
Restaurants, as defined in § 430-8A.
[Amended 7-15-1997 by Ord. No. 97:21; 12-19-2021 by Ord. No. 2021:26]
N.
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]
O.
Automobile repair services.
[Added 3-14-2000 by Ord. No. 2000:7]
P.
Medical and dental offices and clinics.
[Added 3-14-2000 by Ord. No. 2000:7]
Q.
Health care support services and ambulance services.
[Added 3-14-2000 by Ord. No. 2000:7]
R.
Educational and vocational training institutions and schools.
[Added 11-27-2012 by Ord. No. 2012-37]
[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:
B.
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.
C.
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.
D.
Quarries, stone-crushing and excavations.
E.
Heavy manufacturing.
F.
Trailer camps and mobile home camps.
G.
Private garages as a primary use of the property.
H.
Fertilizer plants.
K.
Junkyards, auto wrecking and scrap metal bailing uses.
L.
Commercial dog kennels.
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:
A.
Maintenance and storage buildings.
B.
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]
(1)
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:
(a)
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.
(b)
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.
(2)
On all other premises where the primary use is some
other use permitted in this zone, subject to the following regulations:
(a)
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.
(b)
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.
(c)
The maximum number of amusement games permitted
in such establishments is two.
The following conditional uses shall be permitted:
B.
Automobile service stations, subject to all development
regulations of the district, and further subject to the following
regulations:
[Amended 3-14-2000 by Ord. No. 2000:7]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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:
(a)
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.
(b)
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.
(c)
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.
C.
Car wash, subject to the following:
(1)
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.
(2)
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.
D.
Shopping centers.
(1)
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.
[Amended 5-9-1989 by Ord. No. 89:21]
(a)
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.
(b)
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.
(c)
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:
[1]
Delineating of the trade area of the proposed
center.
[2]
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:
[1]
Estimated peak hourly traffic to be generated
by the center.
[2]
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.
(2)
Standards and criteria. In evaluation, the preliminary
site plan and accompanying and supporting information shall meet the
following standards:
(a)
No site shall have a lot width of less than
600 feet nor a lot depth of less than 500 feet.
(b)
Not more than 20% of the lot area shall be used
for buildings or structures.
(c)
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.
E.
Amusement parlors.
[Added 11-23-1982 by Ord. No. 76:82]
(1)
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.
(3)
Restrictions and requirements for amusement machines.
(a)
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.
(b)
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:
[1]
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.
[Amended 5-10-1983 by Ord. No. 83:37]
[2]
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.
[Amended 5-10-1983 by Ord. No. 83:37]
F.
Fast-food restaurants located within a shopping center
and subject to the following conditions:
[Added 3-14-2000 by Ord. No. 2000:7]
(1)
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.
(2)
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.
(3)
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.
(5)
Minimum building size for stand-alone fast-food restaurant-buildings
shall be 2,500 square feet of gross floor area.
(6)
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.
Height, area and yard requirements shall be as specified in the schedule of regulations in Article VI.
A.
Open storage of materials. All materials and equipment
shall be stored in completely enclosed buildings. All open display
of products shall be placed no closer to any private or public thoroughfare
than the distance equal to the required front yard depth.
B.
Transition requirement. There shall be established
along the line of any side or rear lot that is contiguous to any residential
district, unless the side or rear lot line coincides with a state
or federal highway, a buffer area of at least 50 feet in width plus
five feet of additional width for each ten-foot interval or fraction
thereof of the height of the principal building. The buffer area shall
be landscaped, and fencing shall be provided as required to provide
appropriate screening of the operations of the lot from adjoining
residential districts.
C.
Landscaped green area. A minimum twenty-five foot
landscaped green area setback shall be provided along the street right-of-way
line where the lot fronts on Highway Route Nos. 10 and 46.
[Added 3-14-2000 by Ord. No. 2000:7]
A.
Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve, in accordance with the standards of Article XXXVII.
B.
Off-street parking space may be located in the front,
side and rear yards; provided, however, that no parking space shall
be located nearer than 10 feet to any side or rear lot line, nor shall
the end of a parking space be nearer than 30 feet to any street lot
line, nor nearer than five feet to any building, and further provided
that complete building perimeter parking is prohibited.
C.
No off-street parking or loading area shall be located
within any required buffer area or landscaped green area.
[Added 3-14-2000 by Ord. No. 2000:7]
Signs shall be permitted, subject to the sign regulations of Article XXXVIII.
