Byram Township City Zoning Code
ARTICLE VII
Public Garages
§ 240-41 Where permitted.
[Amended 3-6-2006 by Ord. No. 5-2006]
A public garage or motor vehicle service station, while necessary, may be inimical to the public safety and welfare if located without due consideration of conditions and surroundings. No permit for such use shall be issued for any district other than the VB District and then only after a permit authorizing such use is first obtained from the Zoning Officer as hereinafter provided.
§ 240-42 Application for permit.
Any person desiring to use any premises or to erect, construct or alter any new or existing building or structure arranged, intended or designed to be used as a service station shall make application, in writing, to the Planning Board by filing the same with the Secretary of the Board. Such application shall set forth the following information and shall be accompanied by such papers or documents which shall contain the following:
B.
The location, type or kind of structure and the present uses, if known, of all buildings within 300 feet of the boundary lines of the premises.
C.
Application shall be made by either the legal or equitable owner.
D.
Where the applicant is a person other than the owner of the premises, the written consent of such owner authorizing the filing of the application.
§ 240-43 Hearing.
[Amended 9-7-1993 by Ord. No. 5-1993]
Upon the finding that such application is complete, according to the appropriate checklist, the Planning Board shall fix a date and place for a public hearing to be held on the application. If, after considering the evidence submitted at such hearing, the location and physical characteristics of the premises, building or structure intended to be used as a service station and other hazards, existing conditions and surroundings, the Planning Board shall find that such proposed use will not be detrimental to the health, safety and general welfare of the public, it shall grant the application and shall make and enter its order directing the Zoning Officer to issue a permit in accordance with the application.
§ 240-44 Requirements.
Anything in this chapter to the contrary notwithstanding, the Planning Board shall not order, direct or authorize the issuance of a permit to use any building, structure or premises as or for a service station unless the plot plan shows that:
A.
The lot or parcel of land so to be used has a street frontage of at least 120 feet.
B.
The entrance and exit driveways are at least 15 feet wide, but not more than 25 feet wide, and 10 feet from the adjoining property line and at least 50 feet from the corner or intersecting public streets.
C.
Every gasoline or oil tank, pump, lift and filling, greasing or other device, appliance or apparatus is located at least 30 feet from any street line and at least 20 feet from any boundary line of property which is used as or upon which is erected:
(1)
A public or private school.
(2)
A church or other place of worship.
(3)
A hospital.
(4)
A public library or other public building.
(5)
A theater or other building or structure used or intended to be used for motion pictures, theatrical productions or for public entertainment.
(6)
A public playground or civic center.
(7)
A firehouse or fire station.
(8)
An existing service station.
§ 240-45 Purpose.
The purpose of this article is to set forth a complete and comprehensive scheme or orderly procedure for obtaining from the Planning Board permits for the use of lands and premises as service stations as a conditional use.