Lyndhurst City Zoning Code
CHAPTER 1168
Community Business Districts
1168.01 INTENT.
The Community Business District is established in order to achieve, among others, the following purposes:
(a) To provide sufficient but not excessive land area for retail and service uses, commercial uses and office uses in the community; and
(b) To promote the most desirable and beneficial use of land and structures in order to stabilize and protect the character and value of land development within the City. (Ord. 96-61. Passed 4-21-97.)
1168.02 USE REGULATIONS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in a Community Business District, only for the uses set forth in the use schedules and regulations found in this chapter.
(a) A main building or use set forth in the schedule in Section 1168.03 shall be permitted by right as the principal building or use of a zoning lot only in a district in which it is specifically permitted.
(b) Conditional uses are certain types of main uses so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirements or other features, and shall not be permitted in certain locations by right. Such cases require consideration and approval by the City Planning Commission and Council according to procedures and standards set forth in Chapter 1156. Only those uses so enumerated in the Section 1168.03 may be approved in the specific districts.
(c) An accessory building or use set forth in Section 1168.03 shall be permitted as a subordinate building or use, which is clearly incident to and located on the same zoning lot as the main building or use, and shall be located only in a district in which it is specifically permitted.
(Ord. 96-61. Passed 4-21-97.)
1168.03 SCHEDULE OF PERMITTED BUILDINGS AND USES.
DISTRICT | MAIN BUILDING OR USES | CONDITIONAL USES | ACCESSORY USES |
Community Business Class A | (a) Retail/Service (1) Retail stores, such as grocery, hardware, clothing, furniture and variety stores. (2) Barber shops, beauty parlors, shoe repair shops and tailor shops. (3) Laundries and dry cleaners without drive-through facilities; carpet cleaning. (4) Veterinary services. (5) Restaurants without drive- through facilities. (6) Taverns without dancing and live entertainment. | (a) Retail/Service (1) Banks, pharmacies, dry cleaners and laundries with drive-through facilities. (2) Gasoline service stations and automotive fueling stations with or without an attached car wash. Pre-packaged or prepared food items may be sold within an automotive fueling station. | (a) Parking garages and parking areas for employees and customers. (b) Parking of commercial vehicles. (c) Sales of certain commodities by charitable and religious organizations under the limitations set forth in Chapter 763 of the Business Regulation and Taxation Code. |
(b) General Commercial (1) Greenhouses and garden stores. (2) Bakeries and bakery; retail sales outlet; produce markets. (3) Funeral parlors. | (b) Commercial Entertainment (1) Indoor movie theaters, skating rinks, and clubrooms. (2) Health clubs, tennis and racquetball clubs. (3) Night clubs and taverns with dancing and live entertainment. | ||
(c) Institutional (1) Government offices, post offices (2) Libraries | (c) Main Uses Permitted in Low-Rise Office Building District | ||
Class B | Same as Class A plus Hotels and apartments or combination thereof | Same as Class A | Same as Class A |
(Ord. 96-61. Passed 4-21-97; Ord. 2001-25. Passed 6-4-01; Ord. 2014-15. Passed 5-19-14; Ord. 2015-67. Passed 11-16-15.)
1168.04 ACCESSORY USES.
(a) Private Parking Garages and Private Parking Areas. Private parking garages and private open off-street parking areas shall be permitted in a Community Business District in accordance with the provisions of Chapter 1172.
(b) Parking of Commercial Vehicles. The parking of trucks used in the business which have a weight of greater than 6,000 pounds net vehicular weight, and commercial tractors or semitrailers, is prohibited during the hours when such business is not open to the public, except for service to such premises. This limitation does not apply to auto repair facilities or similar facilities when determined to be so by the Board of Zoning Appeals and Council. The vehicle license registration numbering system for the Bureau of Motor Vehicles for weight, issued for a truck, shall be prima-facie evidence of the net weight of trucks limited herein.
(c) Sales of Certain Commodities by Charitable and Religious Organizations. Temporary sales of certain commodities by religious and charitable organizations, as regulated by Chapter 763 of the Business Regulation and Taxation Code, are permitted as accessory uses. (Ord. 96-61. Passed 4-21-97.)
1168.05 AREA, YARD, AND HEIGHT REGULATIONS.
Land and buildings shall be used, and buildings shall be designed, erected, altered, moved or maintained, in accordance with the development area, lot frontage, yard and height requirements set forth in the schedule in Section 1168.06.
(Ord. 96-61. Passed 4-21-97.)
1168.06 SCHEDULE OF AREA, YARD, AND HEIGHT REGULATIONS.
ZONING DISTRICT | MIN. DEVELOPMENT AREA | MIN. LOT FRONTAGE | MAX. GROSS FLOOR AREA | MINIMUM YARD REQUIREMENTS | MAXIMUM BUILDING COVERAGE | MAXIMUM BUILDING HEIGHT | ||
FRONT | SIDE | REAR | ||||||
Community Business Class A | 20,000 s.f. | 150 ft. | 20,000 s.f. | 40 ft. from R.O.W. or (a) | 1 side yard of 24 ft. or 2 side yards of 12 ft. (b) | 15 ft. | 30% (c) | 3 stories or 40 ft. (d) |
Community Business Class B | 10 acres (b) | 500 ft. (f) | 20,000 s.f. | (a) | (e) | (e) | 30% (c) | 70 ft. |
(a) The minimum front yard setback shall either be the specific standard stated in the above schedule or the minimum front yard setback shown on the Zoning Map of the City. (b) Each lot in a Community Business District shall have at least one side yard of not less than 24 feet to provide two-way ingress and egress or two side yards of not less than 12 feet, one for ingress and the other for egress to the rear yard for motor vehicles and loading/unloading yards. Corner lots shall have a side yard of 20 feet on the side where the side street exists. (c) The total area occupied by any principal structure or building, together with all accessory buildings, shall not exceed 30% of the total lot. (d) No main or accessory building shall exceed 40 feet. (e) Applicable to retail use only hotel or apartment building use not included. Location and orientation of hotel on-site requires Planning Commission approval. Planning Commission shall apply the following standards: 1. The hotel or apartment building or combination thereof shall be designed, constructed, operated and maintained so as to be harmonious with and appropriate in appearance to the existing or intended character of the general vicinity, and such use shall not change the essential character of the same area. 2. The hotel or apartment building or combination thereof shall not be hazardous or disturbing to existing or future neighboring uses. (f) Minimum of 150 ft. if abutting residential district use, minimum of 50 ft. if not abutting residential use, from any portion of a structure more than two stories in height. Minimum of 75 ft. if abutting residential district use from any portion of a structure two stories or less in height, i.e., offices, outdoor plazas, canopies, etc., which are accessory to a hotel structure. (g) A hotel or other permitted buildings and uses within this district may be on a separately owned parcel of land, less than ten acres and with a frontage of less than 500 ft. if contiguous to an overall development area and submitted and approved as part of an overall development plan consisting of a total minimum land area of ten (10) acres. | ||||||||
(Ord. 96-61. Passed 4-21-97; Ord. Passed 11-7-00; Ord. 2001-25. Passed 6-4-01; Ord. 2003- 62. Passed 12-29-03; Ord. 2014-16. Passed 5-19-14.)
1168.07 OUTDOOR DISPLAY, SALE OF GOODS AND REPAIRS.
(a) No goods shall be displayed in front of the setback building lines.
(b) No goods shall be made upon the premises, nor repairs or other services rendered, except as they are clearly incidental to the permitted uses, and no such business or accessory use permitted shall give rise to dust, odor, fumes, smoke, gas, waste, refuse matter, noise or excessive vibration, danger of explosion or fire or be otherwise detrimental to the community.
(c) No business shall be conducted in other than permanent buildings.
(d) Open-air, outside markets and other similar ways of conducting business are specifically prohibited.
(Ord. 96-61. Passed 4-21-97.)
1168.08 DRIVE-THROUGH FACILITIES.
Drive-through facilities are limited to those conditionally permitted uses expressly identified in the schedule in Section 1168.03.
(Ord. 96-61. Passed 4-21-97.)
1168.09 LOCATION OF GASOLINE PUMPS.
At any gasoline service station or garage, gasoline pumps shall be erected no closer than twelve feet to any street line, and the driveways, platforms and curbs on the premises shall be designed to serve vehicles standing entirely inside the premises.
(Ord. 96-61. Passed 4-21-97.)
1168.10 PARKING AND LOADING REQUIREMENTS.
(a) Parking. The design standards, dimensions, required minimum parking spaces and landscaping requirements of Chapter 1172 shall be followed in Community Business Districts.
(b) Loading. A loading bay shall be located conveniently near the entrance to the main building and so arranged that any vehicle occupying the same shall not obstruct any driveway being used by others entering or leaving such premises.
(Ord. 96-61. Passed 4-21-97.)
1168.11 SCREENING AND BUFFERING.
(a) Screening or buffering shall be provided as required in this section when any main or conditionally permitted use in the Community Business District abuts a residential use.
(b) Screening on any back lot line exceeding 151 feet in width shall consist of a six foot high masonry brick wall to be approved by the Planning Commission. Screening on a back lot line 151 feet or less in width shall be a decorative vinyl fence of a style and height to be approved by the Planning Commission.
(c) In addition to the above screening requirements, the first forty feet between the street line and the building line shall be landscaped except for pedestrian walkways provided for access to principal uses. This requirement may be waived by the City Planning Commission if it is determined that such a requirement would be impossible or inappropriate for a particular site.
(d) Trees are to be planted and utilized within the landscaping plan to the maximum degree practical, unless it can be demonstrated that the planting of trees would be detrimental to the site development.
(e) The selection, placement and construction of screening material shall be subject to the approval of the Planning Commission. The Planning Commission may require additional screening and landscaping if determined to be necessary.
(Ord. 2008-66. Passed 9-8-09.)
1168.12 ADULT ENTERTAINMENT.
(1) "Adult Bookstore", "Adult Novelty Store", or "Adult Video Store" means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:
A. Media of any format, including, but not limited to, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes in any format or other video reproductions, slides, computer readable media, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
B. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be characterized as an "adult bookstore", "adult novelty store", or "adult video store." Such other business purposes will not serve to exempt such commercial establishments from being categorized as an "adult bookstore", "adult novelty store", or "adult video store" so long as one of its principal business purposes is the offering for sale or rental for consideration of any form, the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(2) "Adult Cabaret" means a nightclub, bar, restaurant or similar commercial establishment which regularly features:
A. Persons who appear in a state of nudity or semi-nudity; or
B. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
C. Live performances of an erotic nature, including exotic dancers, strippers, male or female impersonators, or similar entertainment; or
D. Audio and/or visual reproductions, in any format, of performances which are characterized by the depiction or description of "specified anatomical areas" or by "specified sexual activities."
(3) "Adult Motion Picture Theater" means a commercial establishment where, for any form of consideration, audio and/or visual reproductions, in any format, are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(4) "Adult Theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity, semi-nudity, or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas."
(5) "Specified Anatomical Areas" means:
A. The human male genitals in a discernibly turgid state (state of arousal), even if completely and opaquely covered; or
B. Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.
(6) "Specified Sexual Activities" means any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, or sodomy;
C. Masturbation, actual or simulated; or
D. Excretory functions as part of or in conjunction with any of the activities set forth in paragraph (a)(6)A. to C. hereof.
(b) Regulations.
(1) Incompatible uses in Commercial Districts. In order to protect minors, no adult book, novelty or video store, adult cabaret, adult motion picture theater or adult theater shall be operated or located within 400 feet from an existing residential use or Residential Zoning District or a public or private school, church, public library, playground, recreation or community center, child care institution or child day care home.
(2) Proximity in Commercial Districts. In addition to the above, in no event shall any two adult entertainment establishment uses, including adult book, novelty or video stores, adult cabarets, adult motion picture theaters or adult theaters, be within 1,000 feet of each other.
(Ord. 96-61. Passed 4-21-97; Ord. 99-35. Passed 7-6-99; Ord. 99-36 Passed 9-7-99.)
1168.13 PROHIBITED USES.
No residential use of property shall be constructed in a Community Business District. Existing residential uses are not affected by the limitations of this Zoning Code.
(Ord. 96-61. Passed 4-21-97.)
1168.14 DEVELOPMENT PLANS.
All developments within a Community Business District shall comply with the provisions hereinafter provided, or applicable provisions of Chapter 1134 if no procedure is provided herein.
(a) Preliminary Plan of Development. A developer, before applying for a building permit, shall submit to the City Planning Commission a preliminary plan for any land to be developed under the provisions of this section by filing seven copies thereof with the Clerk of Council. The preliminary plan of the development shall indicate all uses proposed for the development and shall include:
(1) A plat and topographic map of the proposed development area at a scale of not less than fifty feet to the inch, including property lines, easements, street rights of way, topographic contours, existing structures and landscape features;
(2) Preliminary plans of the proposed development, drawn at a scale of not less than fifty feet to the inch and designed in accordance with the planning standards, regulations and criteria established herein, and any applicable plans that may have been adopted by the City which apply to the subject site. The preliminary plan shall include, but not be limited to:
A. A site plan, showing the proposed location of all structures, identified by type, size, height and use, the assignment of all lands subdivided and the location of all structures within fifty feet on properties adjoining the proposed development;
B. A circulation plan, indicating the vehicular and pedestrian on-site circulation pattern, including the location and dimensions of proposed driveways, crosswalks and walkways and the location and arrangement of parking spaces and service facilities;
C. A landscape plan, indicating the landscape treatment, plazas and other landscape features;
D. The proposed method and standards for the construction and maintenance of utilities and paved areas;
E. Any proposed covenants running with the land, deed restrictions or easements proposed to be recorded and covenants proposed for maintenance;
F. Schematic floor plans and elevations, schematic plans and designs for all structures and such other information to explain their purposes, appearance, materials and type of construction; and
G. Such other reasonable information as the Commission may require.
(b) Referral for Review and Reports. Upon receipt of a preliminary plan of development, the Secretary of the Commission shall transmit, within three days, one copy each to the Mayor, the Clerk of Council and each member of the Planning Commission. He or she shall also submit for review and report a copy of the preliminary plan to the Building Commissioner and to any professional consultants retained by the City.
(c) Action by Planning Commission. Within seventy-five days after the reports on the preliminary plan have been filed with the Secretary, the Commission shall evaluate the plan and shall furnish its decision with respect thereto. In reviewing the preliminary plan, the Commission shall determine either that the preliminary plan fulfills the requirements of the established regulations, standards and criteria which are applicable to the proposal and any improvement plans recommended or duly approved by the City, or that the plan does not fulfill all requirements, and thereafter it shall make a recommendation to either approve, disapprove or approve with modifications the proposed preliminary plan. In any such evaluation, the Commission may find that certain established regulations, standards or criteria of this Zoning Code are inappropriate or inapplicable because of unusual conditions of the development area and/or that they have been satisfactorily fulfilled because of the imaginative quality of the design or because of the relationship of the proposed development to the surrounding areas. A copy of the preliminary plan, together with copies of the decision of the Commission, shall be filed with the Clerk of Council.
(d) Authority to Proceed. Following the decision by the Planning Commission, the Clerk of Council shall notify the developer of such decision and authorize him or her to proceed with the preparation of final plans of the area of development in accordance with the procedures and criteria set forth in this Zoning Code and any special conditions under which this authorization to proceed was granted.
(e) Final Plan of Development. The developer of any parcel or parcels of land for which a preliminary plan has been approved by the Planning Commission shall prepare and submit a final plan of the proposed development, if such developer desires to proceed with the development. Any such plan shall be filed with the Building Commissioner and shall be submitted by him or her to the Commission. The final plan of the development shall be a detailed expansion of the preliminary plan heretofore approved by the Planning Commission, complying with all of the conditions which may have been imposed in the approval of such preliminary plan, and shall be in accordance with the design criteria and provisions of this Zoning Code which apply particularly to such plan of development, and shall contain or be accompanied by the plans, elevation, details and specifications for construction for the elements required for the preliminary plan as set forth in subsection (a) hereof. It shall also be accompanied by:
(1) The final form of any covenants running with the land, deed restrictions or easements to be recorded and covenants, if any, for maintenance;
(2) The estimated project cost for all public and private improvements and a construction schedule;
(3) Additional drawings, if required by the Commission, to supplement the above where more information is needed or special conditions occur; and
(4) When the final plan of development provides for partial development of the total area for which a preliminary plan has been approved, a final plan of development of the remainder of the area, if required, to permit evaluation of the entire parcel before development in progressive stages may be approved.
(f) Conditions for Approval by Commission. If the Commission finds that a proposed final plan of development is in accordance with all the requirements and incorporates all the conditions of approval of the preliminary plan, the Commission shall approve such final plan of development and certify its approval to the Clerk of Council.
(g) Building Permits. If and when any proposed final plan of development has been approved, and building plans are approved by the Architectural Board of Review in accordance with Chapter 1327 of the Building and Housing Code, the Building Commissioner shall be so notified, and he or she shall then issue the necessary building and other permits, if such plans are found to comply with the Building and Housing Code and upon payment of the required fees.
(h) Lapse of Approval. In a Community Business District, failure to begin the construction of all or a substantial portion of the improvement approved by the final site development plan within one year after such approval shall render the approval void and of no effect, unless an extension of time is allowed by the Commission.
(Ord. 96-61. Passed 4-21-97.)