Every part of a required yard shall be open
and unobstructed from its lowest level or, in the case of stoops and
terraces, from the first floor level to the sky.
For each zone so designated and for all structures permitted therein, the standards and requirements as specified in the schedule of lot, yard and area requirements in Article XVII are herewith enacted and established and shall apply as follows:
A.
Principal building. Only one principal structure may
be erected on a lot, except for accessory structures.
B.
Every lot shall meet the minimum requirements for
lot frontage, lot area and lot area per dwelling unit, as specified
by the provisions of the Zoning Ordinance herein and the Schedule
of Area, Lot and Bulk Requirements.[1] (See Article XVII.)
[1]
Editor's Note: The Schedule of Area, Lot and Bulk Requirements is included at the end of this chapter.
C.
No buildings or structures shall exceed the maximum
building height or the maximum percentage of impervious coverage of
the lot, as specified.
D.
Every structure used for residential purposes shall
meet the minimum required net floor area for each dwelling unit contained
therein.
E.
On every lot there shall be a front yard or setback
with a minimum depth, as specified; a rear yard with a minimum depth,
as specified; and side yards with minimum dimensions, as specified.
(1)
However, in all residential zones (R-75 and R-50) the provisions governing front yards or setbacks may be relaxed where the average front yard depth or setback distance of existing residential structures, on the same side of the street and within 200 feet of the lot in question, is less than the required minimum, as specified in Article XVII. In such case, the front yard or setback distances on such lot shall be the same as such average distance.
(2)
If the width of the corner lot exceeds the minimum
width specified for the district, the width of a yard abutting a roadway
shall be increased by such excess, but need not exceed the required
front yard setback.
F.
Every dwelling structure shall be built upon a lot
facing a public street. The rear yard depth of the lot shall exceed
the front yard setback.
G.
The area of a garage in a residential structure shall
not exceed 30% of the gross floor area of the residential structure.
H.
Trailers for the purpose of occupancy are prohibited
in every zone.
I.
Porches, when roofed permanently and regardless of
enclosure, shall not extend into the required minimum front or side
yards and shall be included in the aggregate building area computed
for coverage. Existing open nonconforming porches may be enclosed.
A.
In all zones except I-1 and I-2, no fence or wall
hereafter erected, altered or reconstructed in a front yard shall
exceed four feet in height above the adjacent ground level.
B.
In all zones except I-1 and I-2, no fence or wall
hereafter erected, altered or reconstructed in any side or rear yard
shall exceed seven feet in height above the adjacent ground level.
C.
No hedges may exceed four feet in height across the
front yard.
A.
All residential corner lots shall have a twenty-five-foot
setback on all sides abutting the roadway.
[Amended 9-5-1995 by Ord. No. O:95-32]
B.
At the intersection of two or more streets, no fence,
hedge or wall, other than a single post or tree, shall exceed one
square foot in cross section which is higher than 30 inches above
curb level, nor shall any obstruction to vision be permitted.
A.
Placement of wares.
[Amended 7-20-1993 by Ord. No. O:93-14; 2-15-1994 by Ord. No. O:94-7]
(1)
The outdoor placement of wares for sale by any merchant
shall be permitted on the sidewalk immediately adjacent to the building
housing the business, provided that:
(a)
Wares for sale are not displayed along the curb.
(b)
Such wares do not protrude more than three feet
from the structure housing the business. However, said three feet
shall be measured from the front wall of the structure and not from
the steps, stoop or porch.
(c)
Any display adjacent to the front of the building
or wares set out for sale within the permitted area shall be no higher
than three feet, with the exception of individual items for sale which
may have a height in and of themselves exceeding three feet.
(d)
Where the width of the sidewalk measured from
building to curb is under nine feet, the display or location of any
wares may not protrude from the building by more than 25% of the actual
sidewalk width.
(e)
All merchandise displayed by a merchant for
sale must be contained within a showcase, rack or stand. Vending machines
may likewise be placed immediately adjacent to the front of a commercial
structure.
(2)
Said material so stored shall be kept in an orderly
manner at all times, and such material shall not include any discarded
or abandoned articles. No outside storage of junk, scrap, recyclables
or parts of waste products shall be permitted.
B.
In residential zones, no front yard shall be used
for open storage of boats, vehicles or any other equipment, except
for three-fourths ton or less vehicular parking on driveways.
C.
Excepting the outdoor storage of live plants, not
more than 50% of any rear yard shall be devoted to outdoor storage
or display.
D.
No commercial or industrial supplies, material or
equipment may be stored anywhere in residential zones. (See open storage
in Business and Industrial Zones.)
[Added 11-20-2018 by Ord. No. O:2018-37]
A.
ACT
ALTERNATIVE TREATMENT CENTER (ATC) OR MEDICAL MARIJUANA ALTERNATIVE
TREATMENT CENTER
MARIJUANA
MARIJUANA LICENSEE
MEDICAL MARIJUANA BUSINESS
MEDICAL MARIJUANA CULTIVATION CENTER OR CULTIVATION CENTER
MEDICAL MARIJUANA DISPENSARY OR DISPENSARY
MEDICAL MARIJUANA MANUFACTURING FACILITY
MEDICAL MARIJUANA PROGRAM OR "MMP"
MEDICAL USE OF MARIJUANA
PARAPHERNALIA
PERMIT
PERMITTING AUTHORITY
USABLE MARIJUANA
VERTICAL INTEGRATION
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
The New Jersey Compassionate Use Medical Marijuana Act, P.L.
2009, c. 307 (approved January 18, 2010), codified at N.J.S.A. 24:61-1
et seq.
An organization authorized through licensure issued by the
NJ State Department of Health and the Board of Medical Examiners to
perform activities necessary to provide registered qualifying patients
with usable marijuana and related paraphernalia in accordance with
the provisions of the Act. For the purposes of zoning, an ATC is the
interface between provider and patient and is synonymous with a medical
marijuana dispensary. Cultivation and manufacturing, unless within
the same structure or property as a dispensary, shall be treated as
a separate use category though it may be part of the license issued
by the state for a single entity.
The definition as provided in section 2 of the New Jersey
Controlled Dangerous Substances Act, P.L. 1970, c. 226 (effective
January 17, 1971), codified N.J.S.A. 24:21-1 et seq.
Any person licensed or registered pursuant to the Act.
Encompasses all components of the industry as is consistent
with the Act. Accordingly, it shall mean any business involved in
cultivating, manufacturing, distribution, sales, or testing of medical
marijuana.
A building, structure, or premises used for the cultivation
or storage of medical marijuana. Includes the planting, propagating,
cultivation, growing, harvesting, labeling or manufacturing, compounding
and storing of medicinal marijuana for the limited purpose of this
chapter. A cultivation center may be physically separate and off-site
from the associated licensee's ATC medical marijuana dispensary.
When connected to, or part of, the same property by which an ATC dispenses
from, it is considered part of the ATC. This includes greenhouses,
commercial/industrial warehouse setups, hydroponic systems, etc.
An ATC facility that acquires, possesses, sells, distributes,
transmits, gives, dispenses, or otherwise provides medical marijuana
to qualifying patients.
Facility involved with compounding, making, and processing
of medical marijuana in all forms including those that involve food
handling.
The program within the Department of Health, which is responsible
for the administration and implementation of activities related to
the Act.
The acquisition, possession, transport or use of marijuana
or paraphernalia by a registered qualifying patient as authorized
by the Act.
The definition as provided in N.J.S.A. 2C:36-1.
The documents issued by the Department of Health pursuant
to this chapter granting the legal right to operate as an alternative
treatment center for a specified time.
The Medicinal Marijuana Program within the Department of
Health, which the mailing address is P.O. Box 360, Trenton, NJ 08625-0360.
The dried leaves and flowers of the female marijuana plant,
and any mixture or preparation thereof, but does not include the seedlings,
stems, stalks, or roots of the plant.
The co-location or combination of the following activities
related to the production of usable marijuana for qualifying patients
within a single corporate entity: cultivation, manufacturing, and
dispensing.
B.
Limitation on alternative treatment dispensaries within the Town.
(1)
The number of alternative treatment center dispensaries permitted
within the Township is based on population. A maximum of one alternative
treatment center shall be permitted for every 5,000 people or fraction
thereof. Population shall be determined by the most recent data available
from the U.S. Census Bureau and the NJ State Department of Labor,
Bureau of Statistics.
(2)
Distance between alternative treatment center dispensaries and
drug-free school zones. ATCs shall be located at a minimum of 1,000
feet from drug-free school zones as defined in the statute. Measurement
to be conducted in a straight line from the nearest property line
of the land used for the school to the nearest portion of the building
in which the medical marijuana center is located. Cultivation and
manufacturing facilities are not subject to this provision provided
that the site is:
(a)
Not located directly on a street frontage or immediately adjacent
to the school site (i.e., in an industrial area that may encroach
the 1,000-foot buffer but is not located within direct view from the
school grounds).
(b)
It is a fully secured facility and does not contain a dispensary
or have public access.
(c)
Signage for the facility shall remain innocuous and part of
the general directional signage typically found in industrial manufacturing
facilities only. Facade signs will be limited to those at the point
of entry to the facility and may not be more than six square feet.
(d)
Secured in accordance with all applicable provisions as defined in the Act and outlined in Subsection J below.
(e)
No marketing or advertisement of the site.
(f)
No signage other than directional or discrete building identification
shall be permitted; unusual odors, smells, fragrances or other olfactory
stimulants shall be prohibited; light pollution, glare or brightness
resulting from glow lamps must be 0.5 foot candles or less at the
property line; noise beyond X decibels[1] from ventilation fans shall be prohibited.
[1]
Editor's Note: As in original.
(3)
Distance between alternative treatment centers. No ATC shall
be located within one 1,500 feet from any other alternative treatment
center, which shall be measured in a straight line from the nearest
portion of the building in which the center is proposed to be located
to the nearest portion of the building in which the other center or
the retail marijuana store is located. Standalone cultivation and
manufacturing uses are not included within this prohibition as long
as the following conditions are met.
(a)
There is no dispensary component to the facility.
(b)
It is a fully secured facility and does not contain a dispensary
or have public access.
(c)
Signage for the facility shall remain innocuous and part of
the general directional signage typically found in industrial manufacturing
facilities only. Facade signs will be limited to those at the point
of entry to the facility and may not be more than six square feet.
(4)
In the event more than one land use application for an alternative
treatment center, cultivation or manufacturing facility of the same
classification are submitted to the Town in close proximity to one
another, and if the applications comply with all the requirements
of this chapter and the NJ State Department of Health and the Board
of Medical Examiners, the Town is not permitted to approve all of
the applications because of the limitations set forth in this subsection.
The Town shall first review for approval the application that was
first submitted and determined to be a complete and compliant application
by the Town Planner, or Zoning Officer.
(5)
The distance restrictions shall not apply to any location where
the director previously issued a medical marijuana license under the
Compassionate Care Act, a licensed dispensary commenced operations
at the subject location, and a licensed medical marijuana dispensary
or center has existed in continuous operations at the subject location
since the time of original licensing.
C.
Permitted locations.
(1)
Alternative treatment center (dispensaries). Alternative treatment
center dispensaries only shall be permitted to be located within the
following zones in accordance with this chapter and the redevelopment
plans where applicable. For all properties, adherence to the site
design standards of the Town Land Development Ordinances and redevelopment
plans through a review by the Zoning Official and Phillipsburg Town
Council (Redevelopment Agency), where applicable, is required. Issuance
of zoning permit and/or site plan approval is required. Zones permitted
include:
(2)
Vertical alternative treatment center (dispensaries/cultivation
and manufacturing) facilities. Vertical alternative treatment centers
include dispensary, cultivation and manufacturing. Accordingly, they
shall be permitted to be located within the following zones in accordance
with this chapter and the redevelopment plans where applicable. For
all properties, adherence to the site design standards of the Town
Land Development Ordinances and redevelopment plans through a review
by the Zoning Official and Phillipsburg Town Council (Redevelopment
Agency) where applicable is required. Issuance of zoning permit and/or
site plan approval is required. Zones permitted include:
(3)
Standalone cultivation, manufacturing, and/or testing facilities.
Standalone cultivation, manufacturing and/or testing facilities shall
be permitted to be located within the following zones in accordance
with this chapter and the redevelopment plans where applicable. For
all properties, adherence to the site design standards of the Town
Land Development Ordinances and redevelopment plans through a review
by the Zoning Official and Phillipsburg Town Council (Redevelopment
Agency) where applicable is required. Issuance of zoning permit and/or
site plan approval is required. Zones permitted include:
(a)
I-1 Zone.
(b)
I-2 Zone.
(c)
District 1 Riverside Redevelopment Area.
Additionally, standalone cultivation, manufacturing and/or testing
facilities are not permitted along major road frontages within these
zones unless accompanied by a retail dispensary or other active retail
along the street frontage.
D.
Restrictions on mobile facilities and delivery of marijuana products
to patients. No such services shall be permitted unless expressly
permitted by the NJ State Department of Health and the Board of Medical
Examiners pursuant to the type of licensure the facility processes.
E.
Operation. ATC dispensaries shall limit their hours of operation
to 8:00 a.m. to 10:00 p.m., Monday through Sunday, or as otherwise
provided in the special use permit.
F.
Operation of multiple businesses at a single location. A person may
operate any medical marijuana business permitted by this section as
long as long as it is in full compliance with the requirements of
the NJ State Department of Health and the Board of Medical Examiners
and Town Land Development Ordinances. Multiple licenses are not permitted.
G.
Specific requirements for alternative treatment centers.
(1)
The cultivation of medical marijuana plants shall not be permitted
on exterior portions of a lot. The cultivation, production or possession
of marijuana plants within a building or unit must not be perceptible
from the exterior of the building or unit from a street or residential
use. Such use shall adhere to the bulk standards of the underlying
zoning.
(2)
Samples of medical marijuana products offered for sale may be
displayed on shelves, counters and display cases. All bulk marijuana
products shall be locked within a separate vault or safe (no other
items in this safe), securely fastened to a wall or floor, as approved
by the Phillipsburg Police Department.
(3)
An alternative treatment center may sell "marijuana paraphernalia"
as that term is defined pertains to patients only and shall be exempt
from the prohibitions contained in any other section of the Zoning
Code.
(4)
You must have an active MMP Identification Card from the NJ
Department of Health in order to enter any alternative treatment center.
(5)
No person without a MMP card is permitted to pick up a prescription.
(6)
Alternative treatment centers must limit signage to text on
external signage, labeling, and brochures. Use of graphics shall be
limited to the logo for the business so long as it does not include
a cannabis plant leaf and outward glorification of marijuana consumption.
(7)
All Town sign regulations must be complied with.
(8)
Alternative treatment center signage shall not display on the
exterior of the facility or windows advertisements for medicinal marijuana
or a brand name except for purposes of identifying the building by
the permitted name.
H.
Security and reporting. Security systems must be in place, along
with a 24/7 recording system that records for a minimum thirty-day
archive. This system shall be shared with local law enforcement via
web browser. Outside areas of the premises and the perimeter shall
be well lit. Town law enforcement feet of the premises shall be provided
the name and phone number of a staff person to notify during suspicious
activity during or after operating hours. Security staff is required
on the premises during all hours of operation. Additionally.
I.
Specific requirements for a medical marijuana cultivation premises.
If co-located with a medical marijuana cultivation premises, the area
of the proposed licensed marijuana premises utilized for cultivation
shall be physically separated from the area of the premises open to
the public or to patients. Walls, barriers, locks, signage and other
means shall be employed to prevent the public or patients from entering
the area of the licensed marijuana premises utilized for cultivation
of marijuana.
J.
No products to be visible from public places. Marijuana plants, products,
accessories, and associated paraphernalia contained in any medical
marijuana business shall not be visible from a public sidewalk, public
street or right-of-way, or any other public place. Onsite storage
of usable marijuana shall comply with 21 CFR 1301.72.
K.
No beer or alcohol on premises. No fermented malt beverages and no
alcoholic beverages, shall be kept, served or consumed on the premises
of a medical marijuana business.
L.
Storage of products. All products and accessories shall be stored
completely indoors and on site.
M.
Consumption of marijuana prohibited. No consumption or smoking of
any medical marijuana products shall be allowed or permitted on the
premises or adjacent grounds of a medical marijuana business.
N.
Storage of currency. All currency over $1,000 shall be stored within
a separate vault or safe (no marijuana in safe), securely fastened
to a wall or floor, as approved by the Phillipsburg Police Department.
O.
Prevention of emissions and disposal of materials.
(1)
Sufficient measures and means of preventing smoke, odors, debris,
dust, fluids and other substances from exiting the business premises
shall be provided at all times. In the event that any debris, dust,
fluids or other substances shall exit the business premises, the property
owner and operator shall be jointly and severally responsible for
the full cleanup immediately.
(2)
Businesses shall properly dispose of all materials and other
substances in a safe and sanitary manner in accordance with state
regulations.
(3)
As applicable, medical marijuana businesses shall be equipped
with ventilation systems with carbon filters sufficient in type and
capacity to eliminate marijuana odors emanating from the interior
to the exterior of the premises discernible by reasonable persons.
The ventilation system must be inspected and approved by the Construction
Official.
(4)
If carbon dioxide will be used in any cultivation area, sufficient
physical barriers or a negative air pressure system shall be in place
to prevent carbon dioxide from moving into the ambient air, into other
units in the same building or into an adjacent building in a concentration
that would be harmful to any person, including persons with respiratory
disease and shall be inspected and approved by the Construction Official
and the Fire Marshall.
(5)
All state regulations concerning ventilation systems shall be
followed.
P.
Compliance with other codes. Any medical marijuana business and the
adjacent grounds of the medical marijuana business shall comply with
all zoning, health, building, fire, and other codes and ordinances
of the Town as shown by completed inspections and approvals by the
Town Planner, Construction Division, Fire Safety Division, and the
Phillipsburg Health Department, if applicable.
Q.
No harm to public health, safety or welfare. The licensed marijuana
premises and adjacent grounds of a medical marijuana business shall
be operated in a manner that does not cause any substantial harm to
the public health, safety and welfare.
R.
Additional requirements. Site plan approval required. At the time
site plan approval is granted, amended, or a major change to a medical
marijuana business is approved, the Town may impose on the applicant
reasonable conditions related to the proposed use that is necessary
to protect the public health, safety or welfare, including but not
limited to the following:
(1)
Additional security requirements;
(2)
Limits and requirements on parking and traffic flows;
(3)
Requirements for walls, doors, windows, locks and fences on
the licensed marijuana premises and adjacent grounds;
(4)
Limits on medical marijuana products that may be sold;
(5)
Requirements and limits on ventilation and lighting;
(6)
Limits on noise inside the licensed premises or on the adjacent
grounds;
(7)
Prohibitions on certain conduct in the medical marijuana business;
(8)
Limits on hours of operation.
S.
Penalty for violation. Any violation of the provisions of this subsection
or the conditions of the zoning permit granted, by a medical marijuana
business shall be punishable by a civil fine of up to $1,000. Each
day that a violation is committed, exists or continues shall be deemed
a separate and distinct offense. In addition, any violation of the
provisions of this subsection or any conditions imposed by the zoning
permit may result in the revocation of the zoning permit.
T.
Marijuana licensing. Application and license fees for retail marijuana
stores, retail marijuana cultivation facilities, retail marijuana
products manufacturers, and retail marijuana testing facilities, retail
marijuana transporters, and retail marijuana off-premises storage
facilities are as follows:
(1)
Application fee for off-premises storage facilities: $500.
(2)
Criminal background check fee, per person checked: actual costs.
(3)
Transfer of ownership: $100, plus cost of background check.
(4)
Transfer of license to a different location: $750.
(5)
Modification of premises, zoning permit: $150.
A.
Buffer strips. Whenever a buffer strip has been specified
by this chapter or may be required by the Planning Board or Board
of Adjustment,[1] such buffer strip shall be of the width so specified or
required and shall comply with the following requirements:
(1)
The buffer shall be landscaped by the planting of
grass and/or ground cover, shrubs and trees. A minimum of two shrubs
and one tree shall be provided for each 500 square feet of area or
fraction thereof of the buffer strip. If the buffer strip is naturally
wooded in its entire width, it shall remain in its natural condition
in place of the required shrubs and trees.
(2)
The buffer shall not contain parking area or driveways
unless specifically permitted elsewhere in this chapter, nor shall
it contain other accessory structures or uses except for decorative
purposes or passive recreational purposes.
(3)
It shall be the responsibility of the property owner
to maintain any plantings in the buffer area and to replace them if
they are destroyed or die.
[1]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014,
dissolved the Zoning Board of Adjustment and vested the Planning Board
with the powers and duties and functions of the Zoning Board of Adjustment
pursuant to N.J.S.A. 40:55D-25(c)(1).
B.
Screening. Wherever screening has been specified by
this chapter or as may be required by the appropriate Board, such
screening, unless otherwise required, shall extend to the lesser of
the required minimum front yard setbacks of the lot to be screened
and shall, as a minimum, consist of dense hedges of deciduous and
at least 50% evergreen shrubbery, planted at 30 inches on center in
a single row or at five feet on center in each of two staggered rows.
Plants shall be a minimum of four feet tall at the time of planting
or, if the Planning Board so approves:
C.
Landscaping. All areas of any lot not occupied by
buildings, pavement or other surfacing or otherwise improved or used
in accordance with an approved site plan or subdivision shall be landscaped
by the planting of grass and/or ground cover, shrubs and trees. The
placement of the plant material shall be appropriate to enhancement
of the property.
Landfills, except municipal landfills, are prohibited
in the Town of Phillipsburg.
