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Township of Byram, NJ
Sussex County
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Table of Contents
Table of Contents
[Amended 3-6-2006 by Ord. No. 5-2006]
[Amended 11-2-2015 by Ord. No. 18-2015; 12-6-2016 by Ord. No. 30-2016; 6-20-2017 by Ord. No. 10-2017]
A. 
Dry-cleaning and laundry establishments (with non-PERC/PCE solvents):
(1) 
Dry cleaners shall be conditionally permitted if the cleaning solution is not based on tetrachloroethylene (perchloroethylene), also known as PERC or PCE.
(2) 
Conditionally permitted dry cleaners may use cleaning solutions based on Silicone, CO2, hydrocarbons or other similar processes.
(3) 
Building footprint shall not exceed 4,000 square feet.
B. 
Lawn and garden centers:
(1) 
Tract size: a minimum of one acre.
(2) 
Side yards: not less than 30 feet when abutting a right-of-way or residential use.
(3) 
Lot coverage: a maximum of 70% of the property.
(4) 
Outdoor storage shall be limited to a single area of the site that does not exceed 50% of the lot area and shall be partially screened within the defined area on the site. The screening may consist of landscaping and/or fencing to create an attractive border.
(5) 
Small engine repair facilities shall also be permitted as function of lawn and garden centers. Repair work, other than incidental minor repair, shall take place within the building, and all repair or service apparatus shall be located within the building.
(6) 
Design and build, as well as routine maintenance landscaping services shall be permitted as function of lawn and garden centers.
(7) 
All equipment used in the operation of lawn and garden centers shall be maintained, and operated in such a manner as to eliminate so far as practical noise, vibration, or dust which would injure or annoy persons living in the vicinity.
[Added 6-20-2017 by Ord. No. 10-2017]
A. 
Apartments as second principal uses on the second floor.
(1) 
Minimum lot size of one acre.
(2) 
Maximum lot yield of six units per acre.
(3) 
Apartments are only to be on a second or third floor. No apartment shall be built on a first floor or in a one-story building, unless the number of apartments on site would require an elevator, then a first-floor apartment would be permitted for ADA compliance only.
(4) 
The development of apartments above permitted commercial uses as a second principal use requires that 15% of the residential units be deed restricted as affordable housing if the project is a rental project and that 20% of the residential units be deed restricted as affordable housing if the project is a for-sale project. All affordable units would be subject to any applicable Council on Affordable Housing rules and be compliant with the Uniform Construction Code.
B. 
Assisted living facilities and nursing homes.
(1) 
Minimum lot size of three acres.
(2) 
The minimum size of the development shall be accommodations for at least 60 residents, with a maximum size of development to be not more than 150 residents in any combination of dwelling units, bedrooms, or beds.
(3) 
The development of an assisted living facility as a principal use requires that 20% of the units be deed restricted for low- and moderate-income residents and that the development comply with N.J.A.C. 5:93-5.16 for assisted living residences.
(4) 
The minimum age shall be 55 for every occupant, unless the occupant is disabled or has special needs requiring similar care.
(5) 
Assisted living facilities shall provide apartment-style housing and congregate dining and assure that supportive personal and health services are available to residents 24 hours per day. Apartment-style housing shall mean a furnished bedroom, a private bathroom, a kitchenette and a lockable door on the unit entrance.
(6) 
Nursing homes shall provide housing and dining services and assure that supportive personal and health services are available to residents 24 hours per day.
(7) 
Facilities may include a combination of assisted living units and nursing home bedrooms/beds.
(8) 
The applicant shall include with the proposal a listing of all certificates and/or licenses required to be issued by the State of New Jersey, such as, but not limited to, the Department of Community Affairs and the Department of Health, together with the status of each. In the event any state certificates, licenses, or other state approvals have not been received, Township approval shall be conditioned on the receipt of such state approvals.
C. 
Outdoor dining. The provision of food and drink as an addition or extension of a permitted principal use on a patio, deck or similar area outside the principal building is subject to site plan approval in accordance with this chapter and subject to the following standards:
(1) 
The service of foods and beverages may be permitted outdoors as accessory to the permitted principal uses of restaurants, bars and taverns, brewpubs and microbreweries, banquet halls and catering facilities, bed-and-breakfasts, inns and hotels on the site provided that all of the following requirements are complied with.
(2) 
Outdoor seating shall be included in any calculation of on-site seating capacity. This shall include on-site parking requirements, necessary sewer allocation, and/or on-site septic requirements. Indoor and outdoor seating combined shall not exceed the total approved seating capacity of the facility.
(3) 
Outdoor reception areas where foods and beverages are served and that do not include seating may not exceed 50% of the total square footage of the facility.
(4) 
Any outdoor service area must be in a defined area on the site and provide a minimum seventy-five-foot buffer area along any residential zoning district and 25 feet elsewhere. Additional screening, including fencing, may be required by the approving authority.
(5) 
All exterior lighting fixtures in any outdoor service area shall be shaded to avoid casting direct light upon any adjoining property.
D. 
Sidewalk cafes. The provision of food and drink as an addition or extension of a permitted principal use on a sidewalk outside the principal building is subject to site plan approval in accordance with this chapter and subject to the following conditional use standards:
(1) 
Operations. The operator of the sidewalk cafe and the hours of operation shall be the same as the principal business. No food shall be prepared outside the building.
(2) 
Contents. Sidewalk cafes may include seats, tables, umbrellas, and plant materials. Sidewalk cafes may not include refuse receptacles within the confines of the eating area. All materials shall be durable and moveable; lightweight plastic tables and seats shall not be permitted.
(3) 
Location. Sidewalk cafes may be delineated by nonpermanent barriers such as planters or decorative railings. Sidewalk cafes shall be located upon sidewalk areas, adjacent to the building facade, must provide for and maintain at least five feet of unobstructed sidewalk for the circulation of patrons and pedestrians. Sidewalk cafes may not be located along the curbside; the curbside must be kept free of all obstructions to provide visibility for pedestrians and motorists.
(4) 
Music. Live or recorded music shall be permitted within the sidewalk cafes provided that all such music shall comply with decibel level limits per municipal and state sound regulations.
(5) 
Lighting. All sidewalk cafes shall be illuminated in accordance with municipal regulations. Flashing, blinking, glowing, or animated lighting shall not be permitted.
(6) 
Umbrellas. Opened umbrellas shall not impede visibility of other business's storefronts, doorways, or windows, or impede pedestrian circulation.
(7) 
Maintenance. All sidewalk cafes shall be maintained in a clean and neat fashion, free of debris and litter. Sidewalks shall be washed by the business operator on a regular basis. All furniture shall be maintained in neat order when not in use for extended periods, such as the colder winter months.
(8) 
Parking. Sidewalk cafes shall be included in any calculation of on-site seating capacity. This shall include on-site parking requirements, necessary sewer allocation, and/or on-site septic requirements. Indoor and outdoor seating combined shall not exceed the total approved seating capacity of the facility.
E. 
Outdoor displays and sidewalk sales. The display and sale of goods, products, and services associated with a permitted principal use, outside the confines of the building associated with said use is subject to site plan approval in accordance with this chapter and subject to the following conditional use standards:
(1) 
Operations. The operator of the outdoor display area and the hours of operation shall be the same as the principal business.
(2) 
Contents. Outdoor display areas may consist of any item that may be sold inside the business. Products may be stacked or displayed on racks, shelves, or tables. All materials, racks, shelves, or tables shall be readily moveable and shall be brought inside at the end of business each night. Lightweight materials that cannot remain stationary as a result of winds or breezes shall not be permitted. No signs are permitted except for merchandise price indicators.
(3) 
Location. Outdoor display areas may be delineated by nonpermanent barriers such as planters or decorative railings. Outdoor display areas shall only be located on sidewalk areas, adjacent to the building facade, and must provide for at least five feet of unobstructed access for sidewalk circulation for patrons and pedestrians. Outdoor display areas may not be located along the curbside; the curbside must be kept free of all obstructions to provide visibility for pedestrians and motorists.
(4) 
Area. The area devoted to outdoor display shall not exceed 10% of the ground floor area of the principal building. In the case of shopping centers the area devoted to outdoor display for any tenant shall not exceed 10% of the tenant's lease area.
(5) 
Height. The height of outdoor display items shall not exceed seven feet.
(6) 
Setbacks. Areas devoted to outdoor display shall comply with all building setbacks and yard requirements for the zone in which they are located.
(7) 
Surfacing. Areas devoted to outdoor display shall be paved with concrete and free of dust.
(8) 
Maintenance. All outdoor display areas shall be maintained in a clean, neat, and orderly fashion.
(9) 
Parking. The area devoted to outdoor display shall not be included in the parking requirements for the principal use.
F. 
Tent sales and special events. Temporary or interim activities conducted on commercial properties for the purpose of promoting seasonal sales and special events including car washes, information fairs and other nonprofit and charity events as well as commercial events are subject to site plan approval in accordance with this chapter and subject to the following conditional use standards:
(1) 
Operations. No tent sale or special event shall operate for more than five consecutive days.
[Amended 11-19-2018 by Ord. No. 18-2018]
(2) 
Contents. Tent sale or special event areas may include seats, tables, merchandise and materials related to the promotional event. Any tent or canopy shall have at least 50% of its sides open. All materials shall be secured to ensure nothing is windblown beyond the tent area.
(3) 
Location. Tent sale or special event areas shall be located within a parking lot or lawn areas and their locations subject to site plan approval. All tent sales or special events shall occur within those areas identified on an approved site plan. The tent sale or special event area shall be delineated by nonpermanent barriers such as planters, decorative railings, cones or temporary fencing. No tent sale or special event area shall exceed 2,000 square feet in area, or 30% of the site's parking lot, whichever is less.
(4) 
Maintenance. All tent sale or special event areas shall be maintained in a clean and neat fashion, free of debris and litter. Any structures related to the tent sale must be removed within 24 hours of the end of the event.
(5) 
Parking. The area devoted to tent sales and/or special events shall not diminish the parking requirements for the principal use. The area devoted to tent sales and/or special events must be surplus parking or lawn areas.
[Added 6-20-2017 by Ord. No. 10-2017]
A. 
Automobile repair shop.
(1) 
Tract size: a minimum of one acre.
(2) 
Side yards: not less than 30 feet when abutting a right-of-way or residential use.
(3) 
Lot coverage: a maximum of 70% of the property.
(4) 
No part of any automobile repair shop operation shall be conducted within 50 feet of a residential zone boundary or use. A six-foot-high board-on-board or similar fence shall be installed along any residential zone boundary or use 10 feet from the property line.
(5) 
Any outdoor storage of supplies, materials or automobile parts, whether for sale, storage or waste, shall be within the rear or side yard of the site and enclosed within a six-foot-high board-on-board or similar fence 10 feet from the property line.
(6) 
Repair work, other than incidental minor repair, shall take place within the building, and all repair or service apparatus shall be located within the building.
(7) 
The use and parking of tow trucks shall be limited to three per automobile repair shop.
(8) 
The sale or rental of cars, trucks, trailers, boats or any other vehicles on the premises of an automobile repair shop shall be limited to no more than six.
(9) 
Floor drains shall not be connected to any sanitary sewer system, and they may be connected to the storm sewer system only if an oil separator has been installed prior to the location of the connector.
(10) 
All storage tanks shall be installed per Department of Environmental Protection regulations.
B. 
Landscaping and home improvement contractors.
(1) 
Tract size: a minimum of one acre.
(2) 
Side yards: not less than 30 feet when abutting a right-of-way or residential use.
(3) 
Lot coverage: a maximum of 70% of the property.
(4) 
Outdoor storage such as construction equipment, trucks, chippers, mulch piles and stockpiles of clean materials shall be permitted, provided the equipment and materials are limited to a single area of the site that does not exceed 50% of the lot area, shall not exceed 20 feet in height and shall be completely screened by a ten-foot landscape buffer. The screening shall consist of landscaping and/or fencing to create a complete screen.
(5) 
Small engine repair work and equipment maintenance, other than incidental minor repair, shall take place within the building, and all repair or service apparatus shall be located within the building.
(6) 
Design and build, as well as routine maintenance landscaping services shall be permitted as function of landscaping contractors.
(7) 
All equipment used shall be maintained and operated in such a manner as to eliminate so far as practical noise, vibration, or dust which would injure or annoy persons living in the vicinity.
(8) 
Under no circumstances shall any stored material leave the site by natural causes or forces such as wind or water.
C. 
Outdoor retail sales. The outdoor sale and storage of goods that require outdoor storage and/or display, such as lumber, building supplies, boats, trailers, outdoor furniture, nursery stock, and garden supplies, is subject to site plan approval in accordance with this chapter and subject to the following standards:
(1) 
Tract size: a minimum of one acre.
(2) 
Side yards: not less than 30 feet when abutting a right-of-way or residential use.
(3) 
Lot coverage: a maximum of 70% of the property.
(4) 
Outdoor retail sales. Outdoor storage and display of lumber, building supplies, boats, trailers, outdoor furniture, nursery stock, and garden supplies shall be permitted provided the material is limited to a single area of the site that does not exceed 50% of the lot area and shall be partially screened within the defined area on the site. The screening may consist of landscaping and/or fencing to create an attractive border.
(5) 
All outdoor sales and storage shall be set back 50 feet from any property line.
D. 
Self-storage facility.
(1) 
Tract size: a minimum of two acres.
(2) 
Side yards: not less than 30 feet when abutting a right-of-way or residential use.
(3) 
Building separation. The minimum separation distance between buildings shall be 10 feet.
(4) 
Lot coverage: a maximum of 60% of the property.
(5) 
The front facade shall be solid with no means of access to storage areas (all entrances to the storage areas shall be from the interior of the site).
(6) 
All material being stored shall be stored inside the building(s). The outdoor storage of vehicles such as boats, motor vehicles, recreational vehicles, and trailers is permitted provided the outdoor storage of vehicles is limited to a single area of the rear yard that does not exceed 30% of the lot area and shall be partially screened within the defined area. The stacking of vehicles in racks of any kind is prohibited.
(7) 
There shall be a minimum seventy-five-foot buffer area along any residential zoning district and 25 feet elsewhere.
[Added 6-20-2017 by Ord. No. 10-2017]
A. 
Automobile car wash.
(1) 
Tract size: a minimum of one acre.
(2) 
Building footprint: a maximum of 40% of the property.
(3) 
Front yard: not less than 40 feet.
(4) 
Side yards: not less than 30 feet when abutting a right-of-way or residential use.
(5) 
Lot coverage: a maximum of 70% of the property.
(6) 
Such use shall provide an adequate off-street automobile stacking area which shall not be less than 10 spaces per wash bay. Such stacking system shall in no way hinder or impair normal traffic flow on adjoining property or public rights-of-way. In addition, there shall be an unobstructed bypass lane and one parking space per employee on the maximum shift shall be required.
(7) 
Areas reserved for the self-vacuuming of floor mats and other services shall be separated from and not interfere with traffic circulation in the lanes accessing the automobile car wash.
(8) 
A wash water recycling system is required.
[Added 6-20-2017 by Ord. No. 10-2017]
A. 
Outdoor entertainment. Outdoor entertainment is subject to site plan approval in accordance with this chapter and subject to the following standards:
(1) 
The provision of musical entertainment may be permitted outdoors as accessory to the permitted principal use on the site provided that all of the noise generated on the site shall comply with state and local regulations.
[Added 6-20-2017 by Ord. No. 10-2017]
A. 
Regional shopping center.
(1) 
Tract size: a minimum of 10 acres.
(2) 
Building footprint: a maximum of 50% of the property.
(3) 
Front yard: not less than 40 feet.
(4) 
Side yards: not less than 30 feet when abutting a right-of-way or residential use.
(5) 
Lot coverage: a maximum of 75% of the property.
(6) 
Regional shopping centers must provide for and maintain at least five feet of unobstructed sidewalk for the circulation of patrons and pedestrians in all sidewalk areas. The storage of shopping carts in sidewalk areas shall not interfere with the minimum five feet of unobstructed sidewalk for the circulation of patrons and pedestrians.
[Added 6-20-2017 by Ord. No. 10-2017]
A. 
Automobile rental.
(1) 
Automobile rentals shall be conditionally permitted if the total number of vehicles available for rental is no more than 20.
(2) 
Building footprint shall not exceed 4,000 square feet.