Lyndhurst City Zoning Code
§ 21-4.5
Uses Permitted in Business District.
[Ord. No. 2067; Ord. No. 2351, § I; Ord. No. 2394, § I; Ord. No. 2567, § 3; Ord. No. 2618, § I; Ord. No. 2840-12; Ord. No. 2872-12, § 4; amended 1-16-2018 by Ord. No. 2982-17; 11-3-2022 by Ord. No. 3131-22; 1-14-2025 by Ord. No. 3719-24]
a.
Uses Allowed by Right.
1.
Retail stores, markets and shops for the conducting of any retail business, except those specifically prohibited under subsection 21-4.5c.
2.
Service establishments as defined by this chapter, excluding automotive, laundry and dry cleaning establishments where laundry and dry cleaning is done on the premises and drive-in windows or facilities. Coin operated laundries and dry cleaners are permitted provided there is an attendant present whenever the establishment is open. A hand laundry is permitted provided that no more than three persons are employed and provided that the laundry is housed in a fully enclosed structure.
3.
Business, professional and governmental offices.
4.
Banks, without drive-in facilities.
5.
Nursery schools and day care centers.
6.
Restaurants applicable to the B-R Overlay Zone: eating and drinking establishments, including delicatessens, having table service to a minimum of 10 seats. The definition of "restaurant," for the purpose of this subsection, shall not include fast-food establishments.
7.
Dwellings applicable to the B-R Overlay Zone: residences above the ground floor where the ground floor has a restaurant establishment (use) having a minimum of 2,000 square feet. "Dwellings" are defined as residential units having a minimum of 700 square feet.
b.
Conditional uses. The following uses may be established as conditional uses subject to approval by the planning board.
1.
Drive-in windows for financial institutions provided that:
(a)
The applicant demonstrates that there is sufficient space on the site to provide for the maximum line of cars that may be reasonably expected; and
(b)
Measures to increase traffic safety recommended in reports from the police department and planning consultant be considered and may be made a condition of approval.
2.
Automobile sales rooms provided that automotive repair or servicing not normally incidental to the sale of automobiles is prohibited.
3.
Telephone exchanges and other public utility substations provided they are housed in a building or suitably enclosed to harmonize with the character of the neighborhood.
4.
Funeral parlors.
5.
Fully enclosed theaters.
6.
Gasoline stations, and repair garages in accordance with the following conditions:
(a)
No gasoline station shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any school, playground, church, hospital, public building or institution, except where such property is in another block or abuts another street which the lot in question does not abut.
(b)
No gasoline station or repair garage shall be permitted where any oil draining pit or visible appliance for any purpose (other than gasoline filling pumps or air pumps) is located within 50 feet of any existing or future street line or within 150 feet of any residential district. All such appliances or pits other than gasoline filling pumps or air pumps, shall be within a building.
Gasoline and air pumps shall be permitted within the required front yard space of a gasoline station, but shall be no closer than 20 feet to any existing or future street line.
(c)
No abandoned or unregistered motor vehicle shall be permitted on the premises of any gasoline station or repair garage unless within a closed and roofed building. Six motor vehicles may be located upon any gasoline station or repair garage outside of a closed or roofed building for a reasonable time while the motor vehicles are awaiting repair by the gasoline station or repair garage.
7.
Fully enclosed eating and drinking establishment where food and drink is served within the building only, or where take out customers constitute less than 50% of the total customers.
9.
Emergency medical treatment centers provided that an off-street space for an ambulance is provided.
10.
Private and commercial schools.
11.
Body art, including permanent cosmetics, tattooing and body piercing, as defined in this chapter, subject to the following conditions:
(a)
Compliance with all requirements of the township department of health, pursuant to Section 22-9 et seq. of the Township ordinance.
(b)
Compliance with all requirements of the State Department of Health pursuant to N.J.S.A. 26:1A-7 et seq., and the regulations promulgated thereunder pursuant to N.J.A.C. 8:27-1 et seq.
12.
Vape Shops.
[Added 11-3-2022 by Ord. No. 3131-22]
(a)
Vape Shop shall be Conditionally Permitted in the Business District provided that the subject premises is not within 1,500 feet of the nearest property line of any of the following uses:
(1)
Nursery school;
(2)
Preschool;
(3)
Child, adult or special needs day care centers;
(4)
Elementary, junior high school or high school;
(5)
State, County, or private university or college;
(6)
Other schools not falling within the definition of (1) through (5) above;
(7)
Funeral parlor;
(8)
Health service facilities;
(9)
Other vape shops;
(10)
Assisted living facilities or group homes;
(11)
Church or other places of worship;
(12)
Parks, playgrounds and commercial recreational facilities.
(b)
The use is prohibited in all other districts in the Township.
c.
Excluded Uses. The following uses are specifically excluded from Business District:
1.
Hotels, motels and motor inns.
2.
Shooting galleries, skating rinks, bowling alleys, billiard parlors, dance halls, discotheques, model slot car racing, amusement arcades and other similar amusements, drug paraphernalia sales and fortune tellers.
3.
Automobile laundries.
4.
Automotive storage or repair garage.
5.
Used car lots.
6.
Boarding of animals.
7.
Truck terminals.
8.
Manufacturing, processing and assembly enterprises.
9.
Building or construction supply business.
10.
Milk depots.
11.
Warehouse and similar storage facilities.
12.
Wholesale establishments.
13.
Dwellings.
14.
Outdoor storage.
15.
Check cashing facilities.
d.
All business uses must be buffered from any adjacent residential use or zone with a six foot high evergreen or decorative fence screen, except that within ten feet of a public sidewalk, the buffer shall be no more than 2 1/2 feet in height.