[Added 12-15-1986 by Ord. No. 46-86]
The restrictions and controls intended to regulate
development in each zone are as set forth in the Schedule of Area,
Yard and Building Requirements,[1] which is supplemented by other sections of this chapter. Any property located in an Historic Preservation Zone shall be regulated in accordance with the area, yard and building requirements otherwise applicable in the zone district wherein the property is located and shall additionally be subject to the specific requirements of Article XIII, Historic Preservation Overlay Zone.
[1]
Editor's Note: Said Schedule is included at
the end of this chapter.
A.
No building or structure shall be erected and no existing
building or structure shall be moved, altered, added to or enlarged,
nor shall any land or building be designed, used or intended to be
used, for any purpose or in any manner other than as specified among
the uses hereinafter listed, as permitted in the zone in which such
building or land is located.
B.
No building or structure shall be erected, reconstructed
or structurally altered to exceed in height the limit hereinafter
designated for the zone in which such building or structure is located.
C.
No building or structure shall be erected and no existing
buildings or structures shall be altered, enlarged or rebuilt, nor
shall any open space surrounding any building be encroached upon or
reduced in any manner, except in conformity with the yard, lot area
and building location regulations hereinafter designated for the zone
in which such building or open space is located.
D.
No yard or other open space provided about any building
for the purpose of complying with the provisions of this chapter shall
be considered as providing a yard or other open space for any buildings,
and no yard or other open space on one lot shall be considered as
providing a yard or open space for a building on any other lot.
E.
No land in a residential zone shall be used to fulfill
open space, parking or other similar requirements for use in nonresidential
zones. Vehicle access for nonresidential or multifamily uses shall
be directly from a street specified as a primary arterial street as
shown in the duly adopted Master Plan of the Township of Washington.
Any use not specifically designated as a principal
permitted use, a permitted use, a permitted accessory use or a conditional
use is specifically prohibited from any zone district in the Township
of Washington.
[Added 6-21-2021 by Ord. No. 09-21]
A.
CANNABIS
CANNABIS CULTIVATOR
CANNABIS DELIVERY SERVICE
CANNABIS DISTRIBUTOR
CANNABIS ESTABLISHMENT
CANNABIS MANUFACTURER
CANNABIS RETAILER
CANNABIS WHOLESALER
Definitions. For purposes of this section, the following definitions
shall apply:
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16 for use in cannabis products as set forth in this act, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product. "Cannabis" does not include: medical cannabis dispensed to
registered qualifying patients pursuant to the "Jake Honig Compassionate
Use Medical Cannabis Act," P.L. 2009, c. 307 (C. 24:6I-1 et al.) and
P.L. 2015, c. 158 (C. 18A:40-12.22 et al.); marijuana as defined in
N.J.S. 2C:35-2 and applied to any offense set forth in Chapters 35,
35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001,
c. 114 (C. 2C:35B-1 et seq.), or marihuana as defined in Section 2
of P.L. 1970, c. 226 (C. 24:21-2) and applied to any offense set forth
in the "New Jersey Controlled Dangerous Substances Act," P.L. 1970
c. 226 (C. 24:21-1 et al.); or hemp or a hemp product cultivated,
handled, processed, transported, or sold pursuant to the "New Jersey
Hemp Farming Act," P.L. 2019, c. 238 (C. 4:28-6 et al.).
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
B.
Cannabis establishments, distributors and delivery service uses prohibited.
Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),
all cannabis establishments, cannabis distributors or cannabis delivery
services are hereby prohibited uses from operating anywhere in the
Township of Washington, including Class 1 Cannabis Cultivator license,
Class 2 Cannabis Manufacturer license, Class 3 Cannabis Wholesaler
license, Class 4 Cannabis Distributor license, Class 5 Cannabis Retailer
license, and Class 6 Cannabis Delivery license, except for the delivery
of cannabis items and related supplies by a licensed cannabis delivery
service based and initiated from a cannabis delivery service licensed
location outside of the Township of Washington.
[Added 4-18-2022 by Ord.
No. 02-22]
A.
ADVERTISE or ADVERTISING
AGENT
APARTMENT COMPLEX
APARTMENT, RENTAL UNIT, or DWELLING UNIT
CONSIDERATION
HOUSEKEEPING UNIT
OCCUPANT
OWNER
PERSON
RENTAL FACILITY
Definitions. Unless the context clearly indicates a different meaning,
the following words or phrases when used in this section shall have
the following meaning:
Any form of solicitation, promotion and communication for
marketing, used to solicit, encourage, persuade, or manipulate viewers,
readers, or listeners into contracting for goods and/or services in
violation of this section, as same may be viewed through various media,
including, but not limited to, newspapers, magazines, flyers, handbills,
pamphlets, commercials, radio, direct mail, internet websites, or
text or other electronic messages for the purpose of establishing
occupancies or uses of rental property, for consideration.
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner by this chapter. The term does not necessarily mean
a licensed real estate broker or salesman of the State of New Jersey
as those terms are defined by N.J.S.A. 45:15-3; however, such term
may include a licensed real estate broker or salesman of the State
of New Jersey if such person designated by the owner as his agent
is so licensed.
Two or more buildings, each containing two or more apartments,
which are located within close proximity of each other and are owned
by the same owner.
Any structure, or portion thereof, whether furnished or unfurnished,
which is occupied, in whole or in part, or intended, arranged or designed
to be occupied for sleeping, dwelling, cooking, gathering and/or entertaining,
as a residential occupancy, by one or more persons. This definition
includes an apartment, condominium, building, cooperative, converted
space, or portions thereof, that are offered to use, made available
for use, or are used for accommodations, lodging, cooking, sleeping,
gathering and/or entertaining of occupants and/or guest(s), for consideration.
Soliciting, charging, demanding, receiving or accepting any
legally recognized form of consideration, including a promise or benefit,
a quid pro quo, rent, fees, other form of payment, or thing of value.
A family-type situation involving one or more persons living
together that exhibit the kind of stability, permanency and functional
lifestyle equivalent to that of a traditional family unit, as further
described in the applicable reported and unreported decisions of the
New Jersey Superior Court.
Any individual using, inhabiting, living, gathering, entertaining,
being entertained as a guest, or sleeping in a dwelling unit, or portion
thereof, or having other permission or possessory right(s) within
a dwelling unit.
Any person(s) or entity(ies), association, trust, firm, limited-liability
company, corporation or officer thereof, partnership, or any combination,
who legally use, possess, own, lease, sublease or license (including
an operator, principal, shareholder, director, agent, or employee,
individually or collectively) that has charge, care, control, or participates
in the expenses and/or profit of a dwelling unit pursuant to a written
or unwritten agreement, rental, lease, license, use, occupancy agreement
or any other agreement.
An individual, firm, corporation, association, partnership,
limited-liability company, entity, and any other person(s) and/or
entity(ies) acting in concert or any combination thereof. Residential
occupancy shall mean the use of a dwelling by an occupant(s).
Every building, group of buildings or a portion thereof which
is kept, used, maintained, advertised or held out to be a place where
living accommodations are supplied, whether furnished or unfurnished,
for pay or other consideration, to one or more individuals and is
meant to include apartments and apartment complexes.
B.
Restrictions on occupancy, rental period.
(1)
No person shall hereafter occupy any rental unit nor shall the
owner permit occupancy of any rental unit within the Township of Washington
for a period of time less than 60 days.
(2)
Notwithstanding anything to the contrary contained in the Township
of Washington Code, it shall be unlawful for an owner, lessor, sublessor,
any other person(s), or entity(ies) with possessor or use right(s)
in a dwelling unit, their principals, partner or shareholders, or
their agents, employees, representatives and other person(s) or entity(ies),
acting in concert or a combination thereof, to receive or obtain actual
or anticipated consideration for soliciting, advertising, offering,
and/or permitting, allowing, or failing to discontinue the use or
occupancy of any dwelling unit, as defined herein, for a period of
60 days or less.
(3)
Nothing in this section will prevent the residential occupancy
of an otherwise lawful and lawfully occupied dwelling unit for a period
of 60 days or less by any person who is a member of the housekeeping
staff of the owner, or a guest of the owner, occupying the dwelling
unit with no consideration given in exchange.
(4)
Nothing in this section will prevent formation of an otherwise
lawful occupancy of a dwelling unit for a rental period of more than
60 days.
[1]
Editor's Note: The Schedule is included at
the end of this chapter.
[Added 4-20-1998 by Ord. No. 4-98]
The Carbonate Area District (CAD) Overlay Zone
is comprised of all land areas underlain by limestone or carbonate
rock and therefore is subject to the hazards attendant with development
in these areas. This district shall be secondary, or an overlay, to
the districts heretofore established by the Zoning Map and may encompass
all or portions of more than one underlying zoning district. Regulation
of this district shall be in addition to those requirements governing
the underlying zoning districts.
