The following uses, if permitted as conditional
uses in a specific zone, shall conform to the terms and conditions
as specified herein.
In the R-1 Low-Density Single-Family Residential
Zone, the R-2 Medium-Density Single-Family Zone and the R-3 Low-Rise
Multifamily Residential Zone, community residences for more than six
but less than 15 persons as defined herein shall be permitted subject
to the following conditions:
A.
The area, yard and building requirements as specified
shall be met.
B.
The off-street parking requirements shall be met.
C.
If the number of persons other than the resident staff
resident at existing such community residences within the City of
Rahway exceeds 50 persons, then the community residence shall not
be located within 1,500 feet of another existing community residence.
In the O-R Office-Research Zone, the I-L Light
Industrial Zone and the I-H Heavy Industrial Zone, utility installations
shall be permitted subject to the following conditions:
A.
A statement setting forth the need and purpose of
the installation shall be filed along with the application.
B.
Proof shall be furnished to the reviewing agency that
the proposed installation in a specific location is necessary and
convenient for the efficiency of the utility system or the satisfactory
and convenient provision of service by the utility to the neighborhood
or area in which the particular use is to be located; further provided
that the design of any building in connection with such facility conforms
to the general character of the zone and will in no way adversely
affect the safe and comfortable enjoyment of property rights of the
zone in which it is located, that adequate and attractive screening
and buffering and other safety devices will be provided and will be
periodically maintained.
C.
All other bulk, area and yard requirements for the
zone in which the use is to be located shall be met.
In the R-2 Low-Density, Single-Family Residential
Zone, only on lots which front on West Grand Avenue between St. George's
Avenue and Elizabeth Avenue, two- and/or three-family residences or
accessory apartments within a single-family home shall be permitted
subject to the following conditions:
A.
The residential building shall retain the appearance
of a single-family dwelling.
B.
Each dwelling unit or accessory apartment shall be
reasonably separated and self-sufficient with its own entrance, and
separate sleeping, sanitary and cooking facilities.
C.
Reasonable provision shall be made to the satisfaction
of the Building Inspector and firesafety official that emergency egress
for all intended occupants has been provided in the event of an emergency.
D.
The applicant shall provide credible evidence that
sufficient parking spaces have been provided or are available for
the overnight parking of vehicles of prospective tenants.
E.
A minimum of 350 square feet of space shall be provided
for one-room studio or efficiency units with 150 square feet of space
for each additional bedroom within the same dwelling unit.
F.
No borders shall be permitted to occupy such units,
nor shall any portion of the space within the unit be sublet or rented
out for any period of time.
G.
No home occupation or home professional occupation
shall be permitted in conjunction with any accessory apartment or
two- or three-family residential unit.
In the R-2 Medium-Density Single-Family Zone
only, on lots which front directly on Grand Avenue, Hazelwood Avenue,
Milton Street, St. George's Avenue, Scott Avenue and Westfield Avenue,
home professional offices shall be permitted subject to the following
conditions:
A.
The office is part of or within the principal dwelling
and occupies no more than 40% of the gross floor area of the dwelling.
B.
The professional conducting the practice shall also
be the resident occupying the dwelling.
C.
There shall be no alteration or exterior feature which
changes or modifies the residential character or appearance of the
dwelling.
D.
The practice shall be conducted entirely indoors and
there shall be no display of goods or advertising other than a sign
as permitted in Section 9 of the Site Plan Review Ordinance.
E.
Sufficient on-site parking shall be provided for the
employees, visitors and clients of the professional, in addition to
the residents occupying the residential portion of the structure.
F.
No more than two full-time employees or the part-time
equivalent thereof other than the professional residing therein shall
be permitted.
In the R-2 Medium-Density Single-Family Residential
Zone, a residential health care facility shall be permitted subject
to the following conditions:
A.
The lot, height and area requirements shall be met.
B.
In addition to the setback requirements, a buffer
strip of 15 feet in width shall be located adjacent to any adjoining
property used for single-family residential purposes.
C.
No common driveway or access point shall be located
within 35 feet of an adjoining residential property line.
D.
No off-street loading or delivery area or principal
building shall be located within 100 feet of a residential building
on an adjoining lot. Such loading area shall be effectively screened
from view of the adjoining properties.
E.
No more than one van, truck, bus or mini-bus shall
be parked overnight on the premises.
G.
All buildings shall be designed to complement the
residential character of the neighborhood in which the property is
located in terms of facade materials, roof pitch and materials, window
and door placement, and shall avoid a commercial or institutional
appearance.
H.
Open space, sitting or outdoor recreational areas
shall be provided on site. Required buffer areas shall not be utilized
for this purpose.
Wherever conditionally permitted, automotive
uses as defined herein shall be permitted subject to the following
regulations:
A.
The minimum lot size and frontage requirements and
maximum coverage requirements shall be as follows:
|
Type of Use*
|
Minimum
Lot Size
(sq. ft.)
|
Minimum
Frontage
(feet)
|
Maximum Building Coverage
|
Maxium Lot Coverage
| |
|---|---|---|---|---|---|
|
Automobile gasoline station
|
20,000
|
150
|
15%
|
75%
| |
|
Automobile service station
|
40,000
|
200
|
15%
|
75%
| |
|
Automobile repair garage
|
80,000
|
200
|
45%
|
85%
| |
|
Automobile sales
|
40,000
|
200
|
15%
|
75%
| |
|
Automobile sales and service
|
80,000
|
200
|
25%
|
75%
|
|
* Editor's note: For automobile washes, see Subsection O below.
|
B.
Setbacks. For all of the automotive uses in Subsection A above, the front setbacks shall be not less than 40 feet. The side and rear setbacks shall be not less than 15 feet, except where one of the yards adjoins a residential zone. Where a yard adjoins a residential zone, the automotive use shall maintain not less than a twenty-five-foot side or rear yard.
C.
Canopies. A cantilevered cover or canopy may be permitted
to extend into the front yard, provided that it is at least 25 feet
from the front property line and 25 feet from any residence zone.
D.
Curb cuts and driveways.
(1)
On a corner lot, a driveway shall be at least 25 feet
from the street intersection as measured along the property line.
(2)
Driveways shall be no less than 25 feet and no more
than 30 feet wide. The driveway shall be flared or slanted at the
curbline to facilitate auto ingress and egress.
(3)
Curb cuts shall be no less than 10 feet from any adjacent
property line.
(4)
Any two driveways giving access to a single street
shall be separated by a curbed island of at least 20 feet.
(5)
A raised curb of at least six inches in height shall
be provided along the street property lines, except for driveway openings.
(6)
There shall not be more than two curb cuts providing
access to any one street.
E.
Signs.
(1)
Freestanding sign. One freestanding sign shall be
permitted, provided that the aggregate area of all sides of the sign
shall not exceed 75 square feet.
(2)
Facade sign. Facade signs shall be allowed on front
or side facades so as not to exceed 15% of the square footage of the
facade on which it is located.
(3)
Other signs. Other signs that may be required by state
or federal law shall be allowed, but no other advertising signs shall
be permitted.
F.
Lighting. All lighting shall be so designed, arranged
and installed as to reflect all light down and away from adjoining
properties.
G.
Pavement. All parking, access and driveway areas shall
be paved with a permanent surface, such as macadam, with proper drainage
so as not to affect adjacent property owners.
H.
Location of pumps (automobile service and gasoline
stations only). All pump islands shall be a minimum of 25 feet from
any adjacent property line and at least 20 feet from any public right-of-way.
I.
Accessory buildings. All lifts, lubrication equipment,
service pits and goods for sale shall be enclosed within the service
stations. Outdoor display of products or cars for sale or rental shall
not be permitted from an accessory building. Accessory buildings shall
not be permitted except for the temporary storage of trash or garbage.
J.
Accessory uses.
(1)
The sale or rental of cars, trucks, trailers, boats
or any other vehicles on the premises of an automotive gasoline or
automotive service station shall be prohibited.
(2)
The storage of cars, trucks, trailers, boats or any
other vehicle not being serviced or repaired on the premises of an
automobile gasoline station, automobile service station or automobile
repair garage shall be prohibited.
(3)
All other activities are prohibited, including trailer
or motor vehicle rental. Storage of any vehicle requiring body work
or which is inoperable because of major repairs required shall not
be permitted except at an automobile repair garage or automobile sales
and service.
(4)
The storage of inoperable vehicles classified as junk
cars shall not be permitted.
K.
Trash and garbage. A solid enclosed area shall be
provided for the temporary storage of trash, garbage and unusable
automobile parts. Except for tires, all trash shall be stored in tight
containers. The enclosed area shall be designed so that the trash
shall not be seen from a public street or from adjoining properties.
L.
Fuel tanks. Underground fuel storage tanks shall be
placed at least 10 feet from any structure. Tanks having a capacity
of 6,000 gallons or more shall be at least 20 feet from any structure.
M.
Landscaping buffers and screening shall be provided
as follows:
(1)
A minimum landscaped area five feet wide shall be
provided along all property lines abutting public streets, except
where curb cuts are permitted.
(2)
All buffers and landscaped areas shall be protected
from adjacent parking areas by curbs or concrete, metal or wood bumpers
at least six inches in height and securely anchored into the ground.
(3)
Service areas and parking areas shall be screened
from abutting property. A minimum of a six-foot, architecturally solid
fence shall be erected on all property lines except the front property
line.
(4)
All street trees and on-site deciduous shade trees
shall be not less than 13/4 inches in caliper, measured one foot above
the root crown.
(5)
A satisfactory amount of evergreen plant material
shall be included in the planting, this to be judged on an individual
basis by the city. Evergreen trees shall not be less than six feet
in height.
(6)
Where an automobile use, as permitted above, abuts
a residential zone, a ten-foot buffer must be established and maintained
in addition to the solid architectural fence. This buffer shall be
attractively landscaped with evergreen and deciduous shrubs.
(7)
All landscaping shall be maintained in a manner satisfactory
to the city at all times.
O.
Car washes. Conditions regarding car washes shall
be as follows:
(1)
All other regulations for the district in which the
use is to be located shall be complied with, except that the minimum
lot area for a car wash shall be not less than 20,000 square feet.
(2)
Such use shall provide adequate off-street automobile
stacking area, which shall not be less than 15 spaces per bay. Such
stacking system shall in no way hinder or impair normal traffic flow
on adjoining property or public right-of-way.
(3)
Approval of the City Engineer regarding utilities
and drainage and the Department of Health regarding the performance
standards shall be required.
(4)
Ingress and egress shall be so designed as not to
interfere with the normal traffic flow in the area.
In the B-3 Highway Business Zone and the I-L
Light Industrial Zone, building supply and lumberyards, and in the
I-L Light Industrial Zone and the I-H Heavy Industrial Zone, establishments
storing noncontainerized combustible materials, shall be permitted
subject to the following conditions:
A.
A twenty-foot-wide fire access strip shall be established
along all side and rear property lines in addition to required buffers.
Said strip shall be free of obstructing structures and parking or
loading areas. Access to the strip shall be maintained from a public
street.
B.
Sufficient information shall be provided to indicate
what provisions for fire protection have been made. Plans shall be
reviewed by the Fire Chief.
C.
All materials shall be contained within a building,
except that open storage and sales areas may be maintained in a side
or rear yard, provided that such open storage and sales areas are
contiguous to the building and are encircled by a fence of a design
which is homogeneous to the adjacent building.
D.
The solid fence shall be designed to screen all materials
and supplies from public view. All other requirements for the zone
in which the use is located shall apply.
In the B-3 Highway Business Zone and the I-L
Light Industrial Zone, garden supply centers shall be permitted subject
to the following conditions:
A.
With the exception of the landscape plants, shrubs
and trees, all materials shall be contained within a building, except
that open storage and sales areas may be maintained in a side or rear
yard, provided that such open storage and sales areas are contiguous
to the building and are encircled by a fence of a design which is
homogeneous to the adjacent building.
B.
A solid fence shall be so designed as to screen all
materials and supplies from public view.
C.
Plant materials may be displayed openly in any yard
except the front yard.
D.
All other requirements for the zone shall apply in
which the use is located.
In the B-3 Highway Business Zone, trailer or
outdoor recreational equipment sales shall be permitted subject to
the following conditions:
A.
All materials shall be contained within a building,
except that open storage and sales areas may be maintained in a side
or rear yard, provided that such open storage and sales areas are
contiguous to the building.
B.
All outside displays shall be screened from adjacent
residential properties and zones by a six-foot-high solid architectural
fence.
C.
All other requirements of the zone in which the use
is located shall apply.
In the I-L Light Industrial Zone, adult entertainment
uses shall be permitted subject to the following conditions:
A.
The area, yard, building and off-street parking requirements
shall be met.
B.
Such a use shall not be located within 1,000 feet
of a place of worship, school, public use or residential zone or within
500 feet of another such use, which distances shall be measured in
a straight line from the outer boundary of such properties.[1]
[1]
Editor’s Note: Former § 421-64.1, Personal
services proximity limitations, added 4-11-2005 by Ord. No. O-11-05,
was repealed 6-15-2011 by Ord. No. O-18-11.
[Added 7-22-2021 by Ord. No. O-24-21]
Wherever conditionally permitted, cannabis uses as defined herein
shall be permitted subject to the following:
A.
Cannabis cultivation, manufacturing, wholesaling, distribution, and
delivery shall only be conditionally permitted in the I-L Light Industrial
and the I-H Heavy Industrial Zone. Cannabis retail shall only be conditionally
permitted in the I-L Light Industrial, I-H Heavy Industrial, B-2 Regional
Business, and B-3 Highway Business Zones.
[Amended 11-9-2022 by Ord. No. O-41-22; 4-10-2023 by Ord. No. O-15-23]
B.
Licensing:
(1)
The number of cannabis-oriented businesses shall not exceed
two for each "class" type as defined by P.L. 2021, c. 16. Cannabis-oriented
businesses include both medical and personal use. A cannabis business
engaging in medical and personal cannabis shall count as one towards
the maximum number of each "class" type.
C.
Application.
[Added 4-11-2022 by Ord. No. O-14-22[1]]
(1)
A cannabis business seeking to engage in medical and/or personal
cannabis within the City of Rahway shall first submit an application
which can be found in the Clerk's office with the required and nonrefundable
$1,000 fee for processing of the application.
D.
On-site consumption of cannabis or cannabis-derived products, including
smoking, ingesting edibles, or applying topical applications, or any
other means of ingestion shall be prohibited in all cannabis businesses.
E.
Signage.
(1)
All signage shall conform to § 421-49, except as detailed in this section.
[Amended 4-10-2023 by Ord. No. O-15-23]
(2)
All signage shall be limited to the name of the business. Illustrations,
pictures, and other imagery is prohibited.
(3)
Moving, rotating, animated, blinking, flashing, or internally illuminated signs are prohibited consistent with § 421-49E.
(4)
All signs shall be constructed of durable materials maintained
in good condition and not be allowed to become dilapidated.
(5)
Signs with only external illumination shall be permitted, provided that they conform to the standards contained within § 421-49E.
(6)
Projecting signs shall be prohibited.
(7)
Window signs and window advertisements shall be prohibited.
(8)
Cultivation, manufacturing, wholesale, distribution, retail,
and delivery facilities located in the I-L and I-H Industrial Zones,
and cannabis retailers located in the B-2 and B-3 Business Zones,
may have one facade sign not to exceed 10% of the front facade area.
In no case shall the facade sign exceed 35 square feet for cultivation,
manufacturing, wholesale, retail, and distribution businesses, and
shall not exceed 25 square feet for delivery businesses. One freestanding
sign in addition to the permitted facade sign shall be permitted for
cultivation, manufacturing, wholesale, retail, and distribution businesses.
Cannabis delivery businesses are not permitted to have a freestanding
sign. Freestanding signs shall be subject to the same content restrictions
as facade signs. Freestanding signs are permitted at driveway entrances
and signs shall not exceed 25 square feet and five feet in height,
and shall be set back a minimum of five feet from any property line.
[Amended 11-9-2022 by Ord. No. O-41-22; 4-10-2023 by Ord. No. O-15-23]
F.
Locations.
(1)
In any instance where a cannabis business of any class abuts
a residential use or zone, buffering shall be provided along those
shared property lines. Buffering shall at a minimum consist of a six-foot-tall
solid fence and a minimum of a six-foot-deep evergreen planting strip
at seven feet in height at planting.
[Amended 4-10-2023 by Ord. No. O-15-23]
(2)
Unless vertically integrated into one business, no cannabis
business of any class shall be located within 200 feet of another,
as measured from the property line.
(3)
No cannabis business shall be in a location that requires persons
to pass through a business that sells alcohol or tobacco, or through
a private residence, to access the licensed premises. No cannabis
business shall be permitted to operate as a home occupation or a live/work
unit.
(4)
No cannabis retailer business shall be located in the Central Business
District, the B-1 Neighborhood Business Zone, the B-4 Service Business
Zone, or Residential Zone Districts. Cannabis retailers may not be
located within 1,000 feet of a school or property owned or leased
to any elementary school or secondary school or school board. Additionally,
no cannabis retailer shall be located within 300 feet of any park
or playground or municipal building.
[Added 11-9-2022 by Ord. No. O-41-22; amended 4-10-2023 by Ord. No. O-15-23]
G.
Hours of operation:
[Amended 11-9-2022 by Ord. No. O-41-22; 4-10-2023 by Ord. No. O-15-23]
(1)
Hours of delivery and shipping/distribution for cultivation,
manufacturing, wholesaling, and distribution uses shall be limited
to between 8:00 a.m. to 8:00 p.m., with the exception of on-site security.
The hours of operation for delivery businesses shall be limited to
between 9:00 a.m. to 9:00 p.m.
(2)
Cannabis retailer businesses shall be permitted to operate from Monday
to Saturday between 9:00 a.m. and 10:00 p.m and be permitted to shall
operate on Sunday between 11:00 a.m. and 7:00 p.m.
H.
Odor mitigation:
(1)
All cannabis facilities shall have an air treatment system to
mitigate cannabis-related odor. The air treatment system shall have
sufficient odor absorbing filtration systems utilizing carbon filters
or similar, and ventilation and exhaust systems to eliminate cannabis
odors coming from the interior of the premises, such that any odor
generated inside the facility is not detectable by a person of reasonable
sensitivity at the subject property line. The ventilation system and
its maintenance, including the schedule indicating how frequently
filters will be replaced, must be approved by the City of Rahway Health
Department.
(2)
All cannabis facilities shall be enclosed in heated/air-conditioned
buildings.
I.
Security:
(1)
All proposed cannabis-oriented businesses shall be required
to submit a security plan as part of the City's approval of the license
and the site plan application. The security plan shall be submitted
to the Rahway Police Department for review and approval, including
information related to all safes, security systems, and hours of proposed
on-site security.
(2)
All cannabis-oriented businesses shall be required to utilize
a video recording system for all areas within the buildings and outside
all entrances and exits. Video recording systems shall operate 24
hours, seven days a week. The security footage shall be stored for
a minimum of 30 days.
J.
In the
B-2 Regional Business Zone and B-3 Highway Business Zone, the following
regulations shall apply to the drive-through portion of cannabis retail
businesses:
[Added 4-10-2023 by Ord. No. O-15-23[2]]
(1)
The use of drive-through shall be limited to orders placed in advance
for pick up only. Ordering in the drive-through shall not be permitted.
Signage shall be provided at the beginning of the queuing area indicating
that the use of the drive-through is for pick up only, and that new
orders will not be accepted at the drive-through.
(2)
A minimum of eight stacking or queuing spaces at least 20 feet in
length per space shall be provided for a drive-through lane.
(3)
Each lane shall be a minimum width of 10 feet. A single lane of at
least 10 feet in width shall be provided adjacent to the outermost
stacking or queuing lane to allow vehicles not entering the stacking
lane to exit the property. There shall be sufficient space between
the property line and the beginning of the stacking or queuing lane
to allow for safe entry, access to parking spaces and on-site circulation.
The drive-through window shall be located at least 30 feet from the
street curbline to provide sufficient space for vehicles to safely
exit the property.
(4)
All drive-through vehicular circulation shall be in a counterclockwise
direction.
(5)
Drive-through lanes shall be set back at least 15 feet from all residential
property lines and be screened from adjacent residential property
by means of a six-foot solid screen fence or vegetative screen.
K.
Parking
and circulation. All cannabis retailers shall be required to submit
a parking and circulation management plan demonstrating that all required
parking will be provided on site, and that there is appropriate circulation
to safely accommodate on-site traffic.
[Added 11-9-2022 by Ord. No. O-41-22[3]]
[3]
Editor's Note: This ordinance also redesignated former Subsection
J as Subsection K.
L.
Additional application requirements:
(1)
All cannabis-oriented businesses shall be subject to site plan
review and site plan approval by the applicable Board.
(2)
All cannabis businesses shall provide a copy of any license
or license application to the state or City, including any agreements
or conditions of approval.
(3)
All cannabis businesses shall provide a resolution adopted by
the City Council in support of the application. The adoption of a
resolution in support of the licensing application shall be conducted.
The Mayor may recommend a community host agreement, by and between
the cannabis oriented business and the City for the City Council to
take action.
[Amended 11-9-2022 by Ord. No. O-41-22]
(4)
All applications to the applicable board shall include the following
information, at minimum:
[Amended 11-9-2022 by Ord. No. O-41-22]
(a)
On-site security measures both physical and operational;
(b)
Odor mitigation/management plan detailing all proposed ventilation
and filtration/treatment systems;
(c)
Employee safety and training plan;
(d)
A statement on neighborhood compatibility and a plan for addressing
potential compatibility issues;
(e)
Waste management plan;
(f)
Cannabis cultivators and manufacturers shall provide a storage
and hazard response plan for all pesticides, fertilizers, solvents,
and any other hazardous materials kept on the cultivator or manufacturer's
site. Plans shall include a list of all pesticides, fertilizers, solvents,
and any other hazardous materials that are expected to be used in
the cultivation or manufacturing process.
(g)
Vicinity map showing at least 1,000 feet of surrounding area
and the distances to the following uses: any school, park, playground,
recreation or youth center, and residential zones or uses. Distance
shall be measured from the nearest point of the property line of the
site that contains the cannabis business to the nearest point of the
property line of the enumerated use using a direct straight-line measurement.
(h)
Parking and circulation management plan.
[Added 4-10-2023 by Ord. No. O-15-23]
(i)
Environmental impact and sustainability plan.
[Added 4-10-2023 by Ord. No. O-15-23]
