[Amended by Ord. No. 82-2; Ord. No. 84-10A;
Ord. No. 85-16; Ord. No. 2001-22; Ord. No. 2002-11; Ord. No. 2002-14]
A.
Review and approval.
(1)
Before a building permit or certificate of occupancy
shall be issued for any conditional use as permitted by this chapter,
application shall be made to the Planning Board. The Planning Board
shall grant or deny said application within 95 days of submission
of a complete application by a developer to the administrative officer,
or within such further time as may be consented to by the applicant.
(2)
The review by the Planning Board of a conditional
use shall include any required site plan review pursuant to this chapter.
Public notice and a hearing shall be required as stipulated in this
chapter.
(3)
In all requests for approval of conditional uses,
the burden of proof shall be on the applicant. The Planning Board
shall give due consideration to all reasonable elements which could
affect the public health, safety, comfort and convenience such as,
but not limited to, the proposed use(s), the character of the area,
vehicular travel patterns and access, pedestrianways, landscaping,
lighting, signs, drainage, sewage treatment, potable water supply,
utilities and building and structure locations and orientations.
B.
Campgrounds.[1]
(1)
IMPROVED CAMPGROUNDS
PRIMITIVE CAMPGROUNDS
For purposes of this chapter, campgrounds shall be
differentiated as "improved campgrounds" and "primitive campgrounds"
and shall be defined as follows:
A tract of land at least 40 acres in area used for camping,
including facilities for tents or camping vehicles temporarily located
on the site, and established, maintained and operated as an area for
the temporary living quarters for children or adults, or both, for
recreation, education or vacation purposes.
The same as improved campgrounds, except that a camping vehicle
shall not be permitted which requires utility hookups on site. Each
individual area designated for one sleeping facility shall be a minimum
of 10,000 square feet in area and be at least 100 feet wide and 100
feet deep.
(2)
All provisions stipulated in the applicable ordinances
of the Township shall be met.
(3)
All provisions of BOCA, as amended, shall prevail.
(4)
Site plan approval by the Planning Board shall be
required prior to the issuance of a construction permit or prior to
the issuance of a certificate of occupancy should a construction permit
not be required. Prior to site plan approval, all necessary and appropriate
permits from the State Department of Health and the State Department
of Environmental Protection shall be furnished to the Township.
C.
Funeral homes.
(1)
The minimum lot size shall be one acre with a minimum
frontage of 125 feet on an improved public street.
(2)
The design of any building must conform to the general
character of the area and not adversely affect the safe, comfortable
enjoyment of property rights in the zone in which it is located.
(3)
No more than 35% of the lot shall be covered by impervious
surfaces, including buildings, structures and pavement.
(4)
At least the first 40 feet adjacent to any street
line and 25 feet adjacent to any lot line shall not be used for parking
and shall be planted and maintained in lawn area, ground cover, or
landscaped with evergreen shrubbery.
(5)
A minimum buffer area of 15 feet in width shall be provided along all side and rear lot lines (see § 400-59B).
(6)
All other applicable requirements of this chapter
shall be met.
D.
Lodges and clubs.
(1)
The minimum lot size shall be three acres with a minimum
frontage of 150 feet on an improved public street.
(2)
The design of any building must conform to the general
character of the area and not adversely affect the safe, comfortable
enjoyment of property rights in the zone in which it is located.
(3)
No more than 25% of the lot shall be covered by impervious
surfaces, including buildings, structures and pavement.
(4)
At least the first 40 feet adjacent to any street
line and 25 feet adjacent to any lot line shall not be used for parking
and shall be planted and maintained in lawn area, ground cover, or
landscaped with evergreen shrubbery.
(5)
A minimum buffer area of 15 feet in width shall be provided along all side and rear lot lines (see § 400-59B).
(6)
All other applicable requirements of this chapter
shall be met.
E.
Hospitals.
(1)
For purposes of this chapter, the term "hospital"
shall mean an institution containing beds for 20 or more patients
where the sick or injured are given medical or surgical care limited
to the diagnosis and treatment of human beings only. For purposes
of this chapter, clinics rest homes, nursing homes and convalescent
homes are not considered hospitals.
(2)
The minimum lot size shall be 10 acres with a minimum
frontage of 300 feet on an improved public roadway.
(3)
No building shall be higher than four stories and
40 feet.
(4)
No more than 35% of the lot shall be covered by impervious,
surfaces including buildings, structures and pavement.
(5)
At least the first 60 feet adjacent to any street
line and 40 feet adjacent to any lot line shall not be used for parking
and shall be planted and maintained in lawn area, ground cover, or
landscaped with evergreen shrubbery.
(6)
A minimum buffer area of 25 feet in width shall be provided along all aide and rear lot lines (see § 400-59B).
(7)
One parking space shall be provided for every two
beds.
(8)
Signs shall be permitted as approved by the Planning
Board during site plan review.
(9)
All other applicable requirements of this chapter
shall be met.
F.
Public utility uses.
(1)
For purposes of this chapter, the term "public utility
uses" shall include such uses as telephone dial equipment centers,
power substations and other public utility services.
(2)
The proposed installation in a specific location must
be reasonably necessary for the satisfactory provision of service
by the utility to the neighborhood or area in which the particular
use is to be located.
(3)
The design of any building in connection with such
facilities must conform to the general character of the area and not
adversely affect the safe, comfortable enjoyment of property rights
in the zone in which it is located.
(4)
Adequate fences and other safety devices must be provided
as may be required. Fences, when used to enclose public utility facilities
such as electrical power substations, shall be built in accordance
with the applicable requirements of the New Jersey Board of Public
Utility Commissioners and the National Electrical Safety Code in effect
at the time of construction.
(5)
Sufficient landscaping, including shrubs, trees and
lawns, shall be provided and maintained.
(6)
Off-street parking shall be provided as determined
by the Planning Board during site plan review.
(7)
All of the area, yard, building coverage and height
requirements of the respective zone and other applicable requirements
of this chapter must be met.
G.
Car washes.
(1)
The minimum lot size shall be 20,000 square feet with
a minimum frontage of 150 feet on an improved public street.
(2)
Drainage from inside the building(s) shall feed into
a sanitary sewer system. No dry well or septic tank will be permitted
in connection with said drainage.
(3)
All vehicle entrances shall be from the rear of the
building, and all parked and waiting vehicles shall be accommodated
on the lot.
(4)
One sign shall be permitted, either freestanding or
attached, not exceeding an area equivalent to 5% of the first floor
portion of the front facade or 70 square feet, whichever is smaller.
Freestanding signs shall be set back at least 30 feet from all street
and lot lines.
(5)
All other applicable requirements of this chapter
shall be met.
H.
Motels.
(1)
Any motel that may be constructed on a lot or parcel
of land must contain a minimum of at least 20 units of accommodation,
exclusive of, but in addition to, a permanent, on-site superintendent's
living quarters. The minimum number of units of accommodation in any
single building shall be 10.
(2)
Each unit of accommodation shall contain a minimum
floor area of 350 square feet. Ceilings shall be a minimum of 7 6/10
feet in height.
(3)
Each unit of accommodation shall include a minimum
of two rooms, a bedroom and a separate bathroom. No more than 20%
of the units shall include cooking facilities with said unit.
(4)
There shall be a residency limitation on all guests
of 30 days maximum. The foregoing residency limitation shall not apply
to an employee living on the premises nor to occupants of the permitted
units with cooking facilities.
(5)
Off-street parking shall be provided at the ratio
of 1 1/10 spaces per room.
(6)
One sign shall be permitted, either freestanding or
attached, not exceeding an area equivalent to 5% of the first floor
portion of the front facade or 70 square feet, whichever is smaller.
Freestanding signs shall be set back at least 30 feet from all street
and lot lines.
(7)
All other applicable provisions of this chapter shall
be met.
I.
Service stations.
(1)
The minimum lot size for service stations shall be
20,000 square feet, and the minimum frontage shall be 150 feet.
(2)
No service station shall be located within 500 feet
of any fire house, school, playground, church, hospital, public building
or institution.
(3)
All appliances, pits, storage areas and trash facilities
other than gasoline filling pumps or air pumps shall be within a building.
Gasoline filling pumps and air pumps shall be permitted within the
required front yard space of service stations but shall be no closer
than 50 feet to any street line. All lubrication, repair or similar
activities shall be performed in a fully enclosed building, and no
dismantled parts shall be displayed outside of an enclosed building.
(4)
No junked motor vehicle or part thereof, or motor
vehicles incapable of normal operation upon the highway, shall be
permitted on the premises of any service station except as provided
herein. It shall be deemed prima facie evidence of violation of this
chapter if more than three motor vehicles incapable of operation are
located at any one time upon any premises not within a closed and
roofed building excepting, however, that a number not exceeding six
motor vehicles may be located upon any service station premises outside
of a closed or roofed building for a period of time not to exceed
30 days and providing that the owners of said motor vehicles are awaiting
their repair or disposition.
(5)
Landscaping shall be provided in the front yard area
equal to at least 25% of the front yard area, and such landscaping
shall be reasonably distributed throughout the entire front yard area.
(6)
The exterior display and parking of motor vehicles,
trailers, boats or similar equipment for sale shall not be permitted
as part of a service station.
(7)
Service stations shall provide at least five spaces
for the first lift, wheel alignment pit or similar work area, four
additional spaces for a second work area, and an additional three
spaces for each additional work area. Such spaces shall be separated
from the driveway and general apron areas which give access to the
gasoline and air pumps and service areas. No designated parking space
shall obstruct access to such facilities.
(8)
Service stations may be permitted one freestanding
sign. The freestanding sign shall not exceed an area of 34 square
feet and shall be set back at least 10 feet from all street rights-of-way
and lot lines.
(9)
All other applicable requirements of this chapter
shall be met.
J.
Public purpose uses.
(1)
For purposes of this chapter, the term "public purpose
uses" shall mean the use of land or buildings by any governmental
agency, or any officially created authority or agency thereof.
(2)
The proposed installation of a specific location must
be reasonably necessary for the provision of service by the agency
or authority to the neighborhood or area in which the particular use
is to be located.
(3)
The design of any building in connection with such
facilities must conform to the general character of the area and not
adversely affect the safe, comfortable enjoyment of property rights
in the zone in which it is located.
(4)
Adequate fences and other safety devices must be provided
as may be required. Fences, when used to enclose public purpose facilities,
shall be built in accordance with the applicable requirements of the
appropriate state and federal agencies governing the facility at the
time of construction.
(5)
Sufficient landscaping, including shrubs, trees and
lawns, shall be provided and maintained.
(6)
Off-street parking shall be provided as determined
by the Planning Board during site plan review.
(7)
All of the area, yard, building coverage and height
requirements of the respective zone and other applicable requirements
of this chapter must be met.
K.
Nursing homes.
(1)
For purposes of this chapter, the term "nursing home"
shall mean any institution which conforms to state and federal standards
and regulations, and is issued the necessary licenses and permits
of these and all other governing bodies, which pertain to such an
institution.
(2)
Providing a medical day-care facility is encouraged
and may be included as a component of the nursing home.
(3)
Residential units proposed with a nursing home complex
must conform to the residential district requirement of the R-2 District.
(4)
A certificate of need shall be obtained prior to conditional
use approval, and the certificate of need shall be submitted as part
of the conditional use application.
(5)
Off-site sewer and water must be available.
(6)
Methods for transportation of patients of the nursing
home for personal or medical needs shall be shown.
(7)
The minimum lot size shall be 10 acres, with a minimum
frontage of 300 feet on an improved public roadway.
(8)
The maximum density for a ten-acre tract shall be
120 beds, and for each additional acre, 20 beds shall be permitted.
(10)
No more than 35% of the lot shall be covered
by impervious surfaces, including buildings, structures, and pavement.
(11)
At least the first 60 feet adjacent to any street
line and 40 feet adjacent to any lot line shall not be used for parking
and shall be planted and maintained in lawn area, ground cover, or
landscaped with evergreen shrubbery.
(12)
A minimum buffer area of 25 feet in width shall be provided along all side and rear lot lines (see § 400-59).
(13)
One parking space shall be provided for every
two beds.
(14)
Signs shall be permitted as approved by the
Planning Board during site plan review.
(15)
All other applicable requirements of this chapter
shall be met.
L.
Non-family-oriented businesses.
(1)
ADULT BOOKSTORE
ADULT BOOKSTORE AND ADULT MOTION-PICTURE THEATER
ADULT LIVE ENTERTAINMENT
ADULT MOTION-PICTURE THEATER
ARTIST BODY PAINTING AND PHOTOGRAPHIC STUDIO
CERTIFIED MASSAGE PRACTITIONER
MASSAGE PARLOR
Definitions. As used in this section, the following
terms shall have the meanings indicated:
An establishment having, as a substantial or significant
portion of its stock-in-trade, books, magazines and other periodicals
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified anatomical areas or
specified sexual activities, or an establishment with a segment or
section devoted to the sale or display of such material. For the purpose
of this chapter, "specified anatomical areas" or "specified sexual
activities" are defined in the New Jersey Statutes, N.J.S.A. 2C:34-3,
and the same are incorporated herein and made a part hereof as if
fully set forth.
An establishment having, as a substantial or significant
portion of its stock-in-trade, books, magazines and other periodicals
which are distinguished or characterized by their emphasis in matter
depicting, describing or relating to specified anatomical areas or
specified sexual activities, or an establishment with a segment or
section devoted to the sale or display of such material, and an enclosed
building used for presenting films of or films consisting of material
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified anatomical areas or specified
sexual activities for observation by patrons therein. For the purpose
of this chapter, "specified anatomical areas" or "specified sexual
activities" are defined in the New Jersey Statutes, N.J.S.A. 2C:34-3,
and the same are incorporated herein and made a part hereof as if
fully set forth.
Any establishment or business which shall use, feature, permit,
or offer for view nude or seminude dancers, strippers, entertainers
or other persons engaged in showing or exhibiting sexual organs, including
breasts.
An enclosed building used for presenting films of or films
consisting of material distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified anatomical
areas or specified sexual activities for observation by patrons therein.
For the purpose of this chapter, "specified anatomical areas" or "specified
sexual activities" are defined in the New Jersey Statutes, N.J.S.A.
2C:34-3, and the same are incorporated herein and made a part hereof
as if fully set forth.
An establishment or business which provides a service of
supplying a human model, which such human model is fully or partially
nude for the purpose of photographing, painting, sketching, drawing
or otherwise describing or delineating said human model in any shape
or form.
Any person educated and trained to perform therapeutic massage
for bona fide medical purposes.
An establishment, business or use which provides the service
of massage and body manipulation, including exercises, heat and light
treatments of the body and all forms and methods of physical therapy
unless operated by a medical practitioner or professional physical
therapist or certified massage practitioner.
(2)
Adult bookstores, adult motion-picture theaters, adult
bookstores and adult-motion picture theaters, artist body painting
and photographic studios, massage parlors and adult live entertainment
are hereby expressly prohibited in all districts of the Township other
than the Industrial-Special Purposes Zone. Such uses shall be deemed
conditional uses in the Industrial-Special Purposes Zone subject to
the following conditions:
(a)
In order to avoid an adverse impact upon the
children of Lower Township, the lot line of any lot containing any
establishment with a use encompassing those encaptioned above shall
be located no closer than 1,500 feet from the lot line of any lot
containing any school, church or library.
(b)
In order to avoid the creation of a "war zone"
or "red light" areas, the lot line of any establishment or business
with a use encompassing those encaptioned above shall be located no
closer than 2,640 feet from the lot line of any lot containing any
other establishment or business with a use encompassing those encaptioned
above.
(c)
In order to preserve the quality of family life
in Lower Township, the lot line of any establishment or business with
a use encompassing those encaptioned above shall be located no closer
than 1,500 feet from any lot line of any lot containing a residential
use.
(d)
When any existing building is converted from any use to one of those listed above, under the general term "adult uses," then, in that event, a full and complete site plan shall be submitted and reviewed in accordance with the provisions of this Subsection L.
(e)
The Planning Board shall obtain a preliminary
advisory opinion from the Community Standards Review Board and shall
give due consideration to the findings contained therein with reference
to the impact of the proposed use on the health, welfare, safety,
comfort and convenience of the people of the Township of Lower. Incompatibility
with community standards shall be deemed a valid reason to reject
an application.
(f)
One wall-mounted sign, not to exceed 5% of the
first floor portion of the front facade, or 35 square feet, whichever
is smaller. Freestanding and/or neon signs shall not be permitted.
(g)
The applicant shall provide a fence or other opaque buffer at least four feet in height within six feet of the front lot line. Said buffer shall extend the entire length of the property, save only for the driveway into the premises, which driveway shall not exceed 20 feet in width. Additionally, a minimum buffer area of at least five feet in width and six feet in height shall be provided along all side and rear lot lines. Nothing contained herein shall be deemed to alter the requirements of § 400-31 of this chapter, and, in the event of conflict between this subsection and § 400-31, then § 400-31 shall be deemed controlling.
(h)
No such building shall exceed 20 feet in height.
(i)
The area and yard requirements of the district
in which the use is situate shall apply.
(j)
The Planning Board may attach conditions as
needed to any approvals granted under this subsection.
(3)
Nothing contained herein shall be deemed to apply
to any premises operated by a medical practitioner or a bona fide
professional physical therapist or certified massage practitioner
as heretofore defined herein.
(4)
Disclaimer. Nothing contained herein shall be deemed to legalize, authorize, or otherwise permit the sale of obscene material as defined in and prohibited by N.J.S.A. 2C:34-2, 2C:34-3 and/or 2C:34-4, or Chapter 486, Pornography (Ordinance No. 85-11), it being the express intention of this § 400-56L that any use authorized pursuant hereto shall not fall within the exception contained in the final paragraph of N.J.S.A. 2C:34-2.
M.
Methadone clinics.
(1)
The minimum lot size for methadone clinics shall be
one acre, and the minimum frontage shall be 150 feet on an improved
public street.
(2)
The minimum lot depth shall be 200 feet.
(4)
No more than 35% of the lot shall be covered by impervious
surfaces, including but not limited to buildings, structures and pavement.
(5)
In order to avoid an adverse impact upon the children
of Lower Township, the lot line of any lot containing a methadone
clinic shall be located no closer than 1,500 feet from the lot line
of any lot containing any school, church, public park, beach, playground
or recreational facility, or library.
(6)
In order to preserve the quality of family life in
Lower Township, the lot line of any lot containing a methadone clinic
shall be located no closer than 1,000 feet from the lot line of any
lot on which a residential use is permitted or on which there is otherwise
situated a residential structure, including any apartments, condominiums
or other multifamily dwellings.
(7)
No such building shall exceed 20 feet in height.
(8)
The hours of operation shall be limited to 7:00 a.m.
to 4:00 p.m., Mondays through Fridays, and 7:00 a.m. to 12:00 noon,
Saturdays. Sunday hours will not be permitted.
(9)
The design of any building in connection with such
facilities must conform to the general character of the area and not
adversely affect the safe, comfortable enjoyment of property rights
in the zone in which it is located.
(10)
Adequate fences and other safety devices, signage,
landscaping, lighting, parking and such other items consistent with
this chapter as required by the Planning or Zoning Board during its
review shall be provided.
(11)
All other requirements of this chapter must
be met.
N.
Cemeteries.
(1)
The minimum lot size shall be five acres with minimum
frontage and width of 150 feet on an improved public street.
(3)
Grave sites shall be set back a minimum of five feet
from all property lines; however, site triangles must be complied
with for permitted height of grave markers, as well as stone or brick
walls and fencing.
(4)
Maximum building height for structures shall be 35
feet.
(5)
Site plan review or approval shall not be required
for grave site layout and placements.
(6)
Entrance, exit and general roadway layout shall be
approved, per ordinance requirements, by the Planning Board with an
emphasis on the health, safety and welfare of the general public.
However, interior roadways shall not be required to be paved in accordance
with this chapter. The minimum interior roadway width shall be 15
feet.
(7)
Parking along interior roadways shall be permitted
for grave sites, columbariums and mausoleums. Parking for mortuaries,
parsonages and crematories shall be as follows:
(8)
Signs. One thirty-five-square-foot sign shall be permitted.
The setback from all street lines and property lines shall be 20 feet.
Sign height shall not exceed 20 feet. Site triangles shall be complied
with in accordance with this chapter.
(9)
Grave sites and interior roadways in existing cemeteries
and expansion of grave sites and interior roadways in existing cemeteries
shall be exempt from the requirements of this chapter.
(10)
All other applicable requirements of this chapter
shall be met.
O.
Recreational uses.
[Added 11-19-2007 by Ord. No. 2007-16]
(1)
For purposes of this chapter, the term “recreational
uses” are facilities that include, but not limited to, providing
the following activities, whether for a fee or not: water flumes;
billiard and pool halls; table games such as air hockey, foosball,
and ping pong; bowling alleys; miniature golf courses; driving ranges;
amusement rides; legalized games of chance; coin-operated amusement
games; video games; and circuses that are to be conducted within 200
feet of a residential property located in a residential zone.
(2)
The application and supporting material for a conditional use permit must be submitted to the Planning Board Secretary 21 days prior to the Planning Board meeting at which the proposed project will be reviewed. The applicant will be directed to the appropriate Township official from whom the applicant will request a list of property owners situated within 200 feet of the extremities of the property on which the proposed use is to be located. The applicant shall be required to notify all property owners on the list received of the proposed project by certified mail, return receipt requested, at least 10 days prior to the date of the Planning Board meeting. The applicant will be required to show proof of such notice at the Planning Board meeting. In addition, the applicant shall be required to place a notice in the official newspaper of the Planning Board, advertising the meeting and the proposed project. Such notices shall include the following information: nature of the proposed project, name of applicant, and date, time and location of the Planning Board meeting at which the project will be reviewed. Notice of the conditional use application shall be given subject to § 400-72E(1)(b) of this chapter. Contents of such notice shall be given subject to N.J.S.A. 40:55D-11.
(3)
The Planning Board shall, in its sole discretion,
have the right to limit and/or set the hours of operation for any
recreational use.
(4)
The Planning Board shall, in its sole discretion,
have the right to control and limit the number of rides, machines,
or games permitted in each recreational establishment.
(5)
The Planning Board’s discretion shall be based
upon its consideration of the following factors:
(6)
Each ride, machine or game available at any recreational
establishment as defined herein shall carry an approved sticker or
license issued by the Township indicating that payment for a Township
mercantile license has been rendered.
P.
Class 5 cannabis retail stores.
[Added 7-6-2021 by Ord.
No. 2021-13; amended 11-15-2021 by Ord. No. 2021-20]
(1)
There shall be no more than two Class 5 cannabis retail licenses issued in Township of Lower and same shall be confined to the GB-1 Cannabis Overlay Zone, MD-2, or I Zoning Districts. Cannabis retail stores shall not be permitted within any other zone located within the Township of Lower. Class 5 Cannabis retail stores located in the GB-1 Cannabis Overlay Zone are deemed to be permitted uses, subject to the provisions of § 400-111.
[Amended 1-4-2023 by Ord. No. 2022-15]
(2)
Submission of a license and/or a conditional license approved by
the State of New Jersey and/or the Cannabis Regulatory Commission
to engage in the retail sale of marijuana.
(3)
Submission of a copy of the application submitted to the State of
New Jersey requesting a Class 5 cannabis retail license along with
all attachments.
(4)
Compliance with any and all requirements set forth within the New
Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act, N.J.S.A. 24:6I-1 et seq.
(5)
Compliance with the area and bulk requirements of the zoning district
in which same is proposed to be located.
(6)
The design of any building must conform to the general character
of the area and not adversely affect the safe, comfortable enjoyment
of property rights in the zone in which it is located.
(7)
No cannabis retail stores shall be located within 300 feet, measured
from the front entrance to the proposed commercial property, of any
residential structure, fire house, school, public playground, place
of worship, hospital, beach, public recreational facility, or public
library.
(8)
All sales to consumers must take place in the indoor areas of a cannabis
establishment and/or curbside, in accordance with the provisions of
N.J.A.C. 17:30-12.4, in front of said cannabis establishment. With
the exception of the wholesale delivery of cannabis and/or the delivery
of goods/equipment associated with the operation of a cannabis retail
store, no business shall be conducted in the rear of a cannabis establishment.
(9)
Hours of operation shall be limited to 10:00 a.m. to 10:00 p.m.
(10)
Cannabis consumption areas are prohibited from operating anywhere
on the premises which are licensed to engage in the retail sale of
cannabis.
(11)
No outside storage of any cannabis, cannabis products or cannabis
paraphernalia shall be permitted.
(12)
All other applicable requirements of this chapter shall be met.
(13)
To the extent that any of the provisions outlined herein are
in conflict with rules and regulations promulgated by the New Jersey
Cannabis Regulatory Commission, the rules and regulations of the Commission
shall control.
Q.
Class 6 cannabis delivery service.
[Added 7-6-2021 by Ord.
No. 2021-13; amended 11-15-2021 by Ord. No. 2021-20]
(1)
There shall be no more than two Class 6 cannabis delivery licenses issued in Township of Lower and same shall be confined to the GB-1 cannabis overlay zone, MD-2, or I Zoning Districts. Cannabis delivery stores/services shall not be permitted within any other zone located within the Township of Lower. Class 6 Cannabis delivery stores/services located in the GB-1 Cannabis Overlay Zone are deemed to be permitted uses, subject to the provisions of § 400-111.
[Amended 1-4-2023 by Ord. No. 2022-15]
(2)
Submission of a license and/or a conditional license approved by
the State of New Jersey and/or the Cannabis Regulatory Commission
to engage in the delivery of marijuana.
(3)
Submission of a copy of the application submitted to the State of
New Jersey requesting a Class 6 cannabis delivery license along with
all attachments.
(4)
Compliance with any and all requirements set forth within the New
Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act, N.J.S.A. 24:6I-1 et seq.
(5)
Compliance with the area and bulk requirements of the zoning district
in which same is proposed to be located.
(6)
The design of any building must conform to the general character
of the area and not adversely affect the safe, comfortable enjoyment
of property rights in the zone in which it is located.
(7)
No cannabis delivery service shall be located within 300 feet, measured
from the front entrance to the proposed commercial property, of any
residential structure, fire house, school, public playground, place
of worship, hospital, beach, public recreational facility, or public
library.
(8)
Cannabis consumption areas are prohibited from operating anywhere
on the premises which are licensed to engage in the delivery of cannabis.
(9)
No outside storage of any cannabis, cannabis products or cannabis
paraphernalia shall be permitted.
(10)
All other applicable requirements of this chapter shall be met.
(11)
To the extent that any of the provisions outlined herein are
in conflict with rules and regulations promulgated by the New Jersey
Cannabis Regulatory Commission, the rules and regulations of the Commission
shall control.
A.
Christmas tree sales. The annual sale of Christmas
trees is permitted in any zone between December 1 and December 25,
inclusive.
B.
Height limits. Excepting for single- and two-family
dwellings as permitted in this chapter, penthouses or roof structures
for the housing of stairways, tanks, ventilating fans, air-conditioning
equipment or similar equipment required to operate and maintain the
building, skylights, spires, cupolas. flagpoles, chimneys or similar
structures may be erected above the height limits prescribed by this
chapter but in no case more than 10% more than the maximum height
permitted for the use in the district, except that farm silos have
no height restrictions.
C.
Parking of commercial vehicles in residential zones.
Two commercial vehicles of a rated capacity not exceeding one ton
or four wheels, owned or used by a resident of the premises, shall
be permitted to be regularly parked or garaged on a lot in any residential
district. The provisions of this chapter must be met on the single
lot for which the use is accessory to the main use of the premises.
This provision shall not be deemed to limit the number of commercial
trucks or cars used upon a farm or construction equipment which is
used on the site for construction purposes.
D.
Public election voting places. The provisions of this
chapter shall not be construed as to interfere with the temporary
use of any property as a voting place in connection with a municipal
or other public election.
E.
Public utility lines. Public utility lines for the
transportation and distribution and control of water, electricity,
gas, oil, steam, telegraph and telephone communications and their
supporting members, other than buildings or structures, shall not
be required to be located on a lot nor shall this chapter be interpreted
as to prohibit the use of a property in any zone for the above uses.
F.
Reconstruction of single-family dwelling on isolated
lots. Any lot which was in compliance with the bulk requirements of
the Township’s Zoning Ordinance when the Township’s Zoning
Ordinance was amended, which amendment resulted in the lot being insufficient
size (any measurement) to be then built upon, may be built upon if
it complies with all yard requirements of the Zoning Ordinance and,
if at the time of amendment, the lot was owned by a person or entity
which had no ownership interest in a contiguous lot or lots at that
time, whether or not the contiguous lot or lots are vacant or improved.
This section shall only apply to isolated lots with a minimum frontage
and width of 40 feet or greater for the construction of a new single-family
dwelling whereas a single-family dwelling presently exists and is
being replaced or reconstructed, in full compliance with the Land
Development Ordinance, except as noted above. Exception: A lot shall
not lose its character as an isolated lot if it is only contiguous
to another lot at a point, or if it is only contiguous with another
lot on a different street, court or lane, at one or both of the real
lot lines.[1]
[Added 5-15-2006 by Ord. No. 2006-08]
[1]
Editor's Note: Former Subsection G, Beekeeping on small lots,
which immediately followed, added 7-2-2012 by Ord. No. 2012-11A, was repealed 9-6-2023 by Ord. No. 2023-16.
[Amended by Ord. No. 86-3; Ord. No. 90-4;
Ord. No. 90-11; Ord. No. 95-3; Ord. No. 96-26; Ord. No. 98-17]
A.
The purpose of this section is to provide a method
of developing dwellings which will preserve desirable open spaces,
conservation areas, floodplains, school sites, recreation and park
areas and lands for other public purposes by permitting the reduction
of lot sizes and certain other regulations hereinafter stated without
increasing the number of lots in the total area to be developed.
B.
Principal permitted uses on the land and in buildings.
(1)
Detached dwelling units in sewerable areas only, in
accordance with the existing Cape May County 208 Plan.
(2)
Public playgrounds, conservation areas, parks and
public purpose uses.
(3)
Townhouses in sewered areas of the R-3 District only,
provided that not more than six units are contained within a single
structure.
C.
Accessory uses permitted.[1]
(2)
Private residential toolsheds not to exceed 15 feet
in height.
(3)
Boats, trailers and campers to be parked or stored
only and located in rear or side yards only. Their dimensions shall
not be counted in determining total building coverage, and they shall
not be used for temporary or permanent living quarters while situated
on a lot.
(4)
Tennis courts and other usual recreational facilities.
(5)
Off-street parking and private garages.
D.
Maximum building height. No building shall exceed 35 feet in height and 2 1/2 stories except as provided in § 400-57B of this chapter.
E.
Maximum number of lots permitted. Total lots permitted
shall be calculated by dividing the total acreage by the minimum lot
size of the district.
F.
Area and yard requirements.
(1)
Lot frontage reduction requirement. The average reduction
in lot frontage must equal the average reduction in lot size.
|
Area and Yard Requirements for Residential
Clusters Chart
| |||||
|---|---|---|---|---|---|
|
R-1 or R-2 Individual Sewerage
|
R-2 With Public Sewerage
|
R-3 With Sewer (Townhouses Only)
| |||
|
Tract size minimum (acres)
|
20
|
10
|
10
| ||
|
Principal building
Minimum
| |||||
|
Lot area
|
1/3 acre
|
7,500 square feet
|
2,000 square feet
| ||
|
Lot frontage (feet)
|
100
|
75
|
20
| ||
|
Lot width (feet)
|
100
|
75
|
20
| ||
|
Lot depth (feet)
|
120
|
90
|
90
| ||
|
Side yard (each) (feet)
|
20
|
6 and 10
|
0
| ||
|
Front yard (feet)
|
30
|
25
|
25
| ||
|
Rear yard (feet)
|
30
|
20
|
40
| ||
|
Accessory Building
Minimum
| |||||
|
Distance to side line (feet)
|
10
|
4
|
6
| ||
|
Distance to rear line (feet)
|
10
|
4
|
6
| ||
|
Distance to other building on lot (feet)
|
10
|
6
|
6
| ||
|
Maximum
| |||||
|
Building coverage of principal building (percent)
|
12%
|
30%
|
40%
| ||
|
Building coverage of accessory building(s) and/or
structures (percent)
|
10%
|
10%
|
10%
| ||
I.
General requirements.
(1)
Prior to preliminary approval, the developer shall
submit preliminary sewerage and water system plan(s) to serve the
dwelling units in the development, together with letters from the
appropriate municipal, county and state officials indicating the feasibility
of such plan(s). Prior to final approval, the developer shall submit
the final plan(s) which shall have been approved by the appropriate
municipal, county and state officials.
(2)
Any proposal for a residential cluster may include
provisions for the phasing of construction over a period of years,
provided that the following terms and conditions intended to protect
the interests of the public and of the residents, occupants and owners
of the proposed development are met:
(a)
Where the development is intended to be phased
over a number of years, prior to the granting of preliminary approval
for the entire residential cluster, there shall be an explanation,
including appropriate maps, indicating the location, number and type
of units to be constructed in each phase and the priority of each
phase. Each development phase shall indicate its relationship to the
circulation and utilities systems completed up to that point in order
to assure their adequacy to serve the total development.
(b)
Preliminary approval shall be granted for the
complete residential cluster proposal before final approval shall
be granted for any phase.
(c)
Each development phase shall maintain a reasonable
balance of residential uses and recreational facilities and open space
to serve the residents. For all development phases subsequent to the
first phase, no construction permits may be issued for construction
of units in any such phase until construction of preceding phases
is substantially completed. ("Substantially completed" shall be taken
to mean that, as a minimum, all exterior finish, paving, fine grading,
seeding and landscaping shall have been completed.)
(3)
No certificate of occupancy shall be issued for any
building or part thereof until all streets, drainage, parking facilities
and sewer facilities servicing the said structure are properly completed
and functioning.
[Amended by Ord. No. 83-34; Ord. No. 90-11]
A.
Land area equal to a minimum of 25% of the tract of
land proposed for residential development shall not be included in
lots and shall be set aside for conservation, open space, floodplain,
school sites, recreation and park areas. Such land shall be optimally
related to the overall plan and design of the development and improved
to best suit the purpose(s) for which it is intended. Land to be devoted
to public purposes may be offered to the Township or may be owned
and maintained by an open space organization. Any lands intended to
be offered to the Township for public purposes shall be so declared
prior to preliminary approval. All lands not offered to and/or not
accepted by the Township shall be owned and maintained by an open
space organization. All streets within the development shall be dedicated
to the Township.
(1)
No land set aside shall later be developed for private
residential or commercial use.
(2)
Twenty-five percent, but not less than three acres,
of the open space shall have a seasonal high water table of not higher
than two feet below the surface. Such lands shall be set aside for
recreational purposes.
(3)
Open space shall be equivalent to or more than the
total reduction in lot sizes. No more than 1/3 of the required open
space shall be wetlands or pocomoke soil.
(4)
Accessways of at least 20 feet in width shall be provided
for any open space intended for recreation. Any recreation open space
parcel of two or more acres shall have at least two different twenty-foot
accessways.
(5)
At least half of the required open space, but no less
than two acres, shall be in a contiguous piece of land.
B.
Any lands offered to the Township shall meet the following
requirements:
(1)
The minimum size of each parcel offered to the Township
shall be 1/2 acre.
(2)
Lands set aside for recreational purposes shall be
improved by the developer, including equipment, walkways and landscaping,
in order to qualify the lands for recreational purposes.
(3)
Any lands offered to the Township shall be subject
to review by the Planning Board which, in its review and evaluation
of the suitability of such land, shall be guided by the Master Plan
of the Township, by the ability to assemble and relate such lands
to an overall plan and by the accessibility and potential utility
of such lands. The Planning Board may request an opinion from other
public agencies or individuals as to the advisability of the Township's
accepting any lands to be offered to the Township.
(4)
Every parcel of land offered to and accepted by the
Township shall be conveyed to the Township by deed at the time final
plan approval is granted by the Township. The deed shall contain such
restrictions as may reasonably be required by the Planning Board to
effectuate the provisions of this section pertaining to the use of
such areas.
C.
An open space organization, established for the purpose
of owning and maintaining common lands and facilities, including conservation,
open space, floodplain, recreation and park areas, shall be in accordance
with N.J.S.A. 40:55D-43 and the following provisions:
(1)
Membership in any created open space organization
by all property owners shall be mandatory. Such required membership
in any created open space organization and the responsibilities upon
the members shall be in writing between the organization and the individual
in the form of a covenant with each member's agreeing to his liability
for his pro rata share of the organization's costs and providing that
the Township shall be a party beneficiary to such covenant entitled
to enforce its provisions. The terms and conditions of said covenant
shall be reviewed by both the Township Attorney and the Planning Board
Attorney prior to final approval.
(2)
Executed deed shall be tendered to the Township simultaneously
with the granting of final approval stating that the prescribed use(s)
of the lands in the common ownership shall be absolute and not subject
to reversion for possible future development.
(3)
The open space organization shall be responsible for
liability insurance, municipal taxes, maintenance of land and any
facilities that may be erected on any land deeded to the open space
organization and shall hold the Township harmless from any liability.
The individual property owners shall pay their proportionate assessment
of real property tax on the open spaces as assessed, and if a failure
to pay occurs, the Tax Assessor of Lower Township shall have the right
to assess the individual's real property in the amount of the unpaid
real property tax assessment and thereafter pursue such legal remedies
as the law allows for the enforcement and collection of real property
taxes.
(4)
Any assessment levied by the open space organization
shall, if not paid, become a lien on the private properties in the
development. The duly created open space organization shall be allowed
to adjust the assessment to meet changing needs, and any deeded lands
may be sold, donated or in any other way conveyed to the Township
for public purposes only.
(5)
The open space organization initially created by the
developer shall clearly describe in its bylaws the rights and obligations
of any homeowner and tenant in the planned development, along with
the covenant and model deeds and the articles of incorporation of
the association prior to the granting of final approval by the Township.
(6)
Part of the development proposals submitted to and
approved by the Township shall be provisions to insure that control
of the open space organization will be transferred to the individual
lot owners in the development based on a percentage of the dwelling
units sold and/or occupied, together with assurances in the bylaws
that the open space organization shall have the maintenance responsibilities
for all lands to which they hold title.
(7)
All recreational uses to be established in the open
spaces by the open space organization shall be reviewed by the Planning
Board, and no such use or uses shall be constructed or otherwise established
in the open spaces absent approval of the Planning Board.
D.
Should the proposed development consist of a number
of stages, the Planning Board may require that acreage proportionate
in size to the stage being considered for final approval be set aside
simultaneously with the granting of final approval for that particular
stage, even though these lands may be located in a different section
of the overall development.
[Amended by Ord. No. 82-9]
No apartment dwelling shall be constructed in
the Township unless the dwelling is part of an approved site plan
and unless the following minimum standards are met in addition to
other applicable requirements of this chapter. Any group of units
(except hotel or motel units) which contain any common inside or outside
area shall be considered an apartment for purposes of this section.
A.
Each dwelling unit and combined complex of dwelling
units shall have a compatible architectural theme with variations
in design to provide attractiveness to the development, which shall
include consideration of landscaping techniques, building orientation
to the site and to other structures, topography, natural features
and individual dwelling unit design such as varying unit width, staggering
unit setbacks, providing different exterior materials, changing rooflines
and roof designs, altering building heights and changing types of
windows, shutters, doors, porches, colors and vertical or horizontal
orientation of the facades, singularly or in combination for dwelling
unit, except in the R-6 Zone.
B.
All dwelling units shall be connected to approved
and functioning public water and sanitary sewer systems prior to the
issuance of a certificate of occupancy.
C.
All parking facilities shall be on the same site as
the building and located within 150 feet of the nearest entrance of
the building they are intended to serve. Parking space shall be provided
in areas designed specifically for parking, and there shall be no
parking along interior streets. The total area devoted to both parking
and interior streets shall not exceed 35% of the tract.
D.
Apartment buildings may consist of any configuration
that meets the prescribed area and yard requirements and does not
exceed the following overall or component building lengths:
(1)
Two hundred feet on one plane.
(2)
Three hundred forty feet on any angle.
(3)
Five hundred feet along the center line.
 |
(4)
Buildings measured along the center line shall provide
one opening at ground level at least every 250 feet. This opening
shall be a minimum of 15 feet in clear width and height and be at
an elevation enabling emergency vehicle access through the opening.
E.
No portion of any dwelling unit shall be a basement.
F.
In addition to any storage area contained inside individual
dwelling units, there shall be provided for each dwelling unit 200
cubic feet of storage area in a convenient centrally located area
in the basement or ground floor of the dwelling structure where personal
belongings and effects may be stored without constituting a fire hazard
and where the said belongings and effects may be kept locked and separated
from the belongings of other occupants. There shall be a further minimum
common storage area in each building of 50 cubic feet per dwelling
unit located convenient to the outside ground level for bicycles,
perambulators and similar types of equipment (not applicable to R-6
Zone).
G.
No outside area or equipment shall be provided for
the hanging of laundry or the outside airing of laundry in any manner.
Sufficient area and equipment shall be made available within each
building for the laundering and artificial drying of laundry of occupants
of each building.
H.
Each apartment building shall contain a single master
television system which shall serve all dwelling units within the
building.
I.
Each apartment dwelling unit shall have the following
minimum floor areas:
J.
The maximum height shall not exceed the limit permitted
in the respective district.
[Amended by Ord. No. 82-9]
No townhouse dwelling unit shall be constructed
in the Township unless the dwelling is part of an approved site plan
and unless the following minimum standards are met in addition to
other applicable requirements of this chapter:
A.
Each dwelling unit and combined complex of dwelling
units shall have a compatible architectural theme with variations
in design to provide attractiveness to the development which shall
include consideration of landscaping techniques, building orientation
to the site and to other structures, topography, natural features
and individual dwelling unit design such as varying unit widths, staggering
unit setbacks, providing different exterior materials, changing rooflines
and roof designs, altering building heights and changing types of
windows, shutters, doors, porches, colors and vertical or horizontal
orientation of the facades, singularly or in combination for each
dwelling unit. Any overall structure of attached townhouses shall
provide that no more than two adjacent dwelling units have the same
setback.
B.
All dwelling units shall be connected to approved
and functioning public water and sanitary sewer systems prior to the
issuance of a certificate of occupancy.
C.
All parking facilities shall be on the same site as
the building and located within 150 feet of the nearest entrance of
the building they are intended to serve. Parking spaces shall be provided
in areas designed specifically for parking, and there shall be no
parking along interior streets. The total area devoted to both parking
and interior streets shall not exceed 30% of the tract.
D.
No townhouse dwelling unit shall be less than 18 feet
wide.
E.
No outside area or equipment shall be provided for
the hanging of laundry or the outside airing of laundry in any manner.
Sufficient area and equipment shall be made available within each
building for the laundering and artificial drying of laundry of occupants
of each building.
F.
Each building shall contain a single master television
system which shall serve all dwelling units within the building.
G.
Each townhouse dwelling unit shall have the following
minimum floor areas:
H.
The maximum height shall not exceed the height limit
permitted in the respective district.
[Added by Ord. No. 92-11]
A.
Application for administrative approval of permitted exclusions. The following construction activities as specifically detailed in this section shall not be referred to the Planning Board for review of site plan, as required in § 400-77A. This section shall apply to existing permitted uses only and shall not apply where a zoning, occupancy or building permit is required for any new construction or change in use group.
(1)
Lighting. Up to two freestanding or attached units that provide for nonglare color-corrected lights, focused downward in compliance with § 400-47.
(2)
Fence. Fences installed in conformance with this chapter
and specifically not encroaching on the site triangle easement. The
applicant shall submit one current sealed survey that accurately reflects
the conditions on the site, prepared by a licensed surveyor of New
Jersey, showing the boundaries of the property, fence location, and
site triangle easement, upon request of the Planning Director.
(3)
Shed. Portable sheds, not exceeding 150 square feet;
construction details to be approved by the Construction Official.
(4)
Stone or clamshell surface applied to an existing
parking area.
(5)
Parking bumpers or wheel stops to delineate existing
parking areas.
(6)
Natural vegetation whether used as a buffer or ornamental.
(7)
Building addition by right of not more than 100 square
feet and not encroaching into any landscaped buffer or parking area.
(8)
Signs. Freestanding or otherwise, not to exceed 35
square feet in area, 10 feet in total height, and not encroaching
on any site triangle easement. Installation of freestanding signs
shall require submission of one current sealed survey that accurately
reflects the conditions on the site, prepared by a licensed surveyor,
showing sign location boundaries of the property and site triangle
if appropriate.
(9)
Interior renovations to an existing structure, including
carpentry, plumbing, electrical, and fire.
(10)
Exterior architectural renovations. Changes
such as rooflines, architectural projections, roofing and siding,
window or ordinary repairs that do not increase the square footage
or other area measurements by which all buildings occupy a lot.
(11)
Solar renewable energy technology: solar photovoltaic energy
technologies and structures, ground-mounted or roof-mounted solar
energy system. Only solar renewable energy technology that generates
less than or equal to 100% of a property's electric energy needs,
shall qualify for a permitted exclusion under this section.
[Added 12-19-2016 by Ord.
No. 2016-07]
B.
Administrative review.
(1)
Applicant shall be required to submit one copy of
an application, on a form provided by the planning office, in order
to apply for administrative approval of permitted exclusions to the
Site Plan Ordinance.[1]
(2)
The time limit for the Planning Director to approve
or deny an application for administrative approval or permitted exclusions
to the Site Plan Ordinance shall be 45 days from the date the application
is deemed complete.
(3)
The Planning Director reserves the right to require
the applicant to submit detailed plans to the Lower Township Fire
Official for review and approval.
(4)
Any and all disputes, disagreements, or interpretations
arising out of any alleged error in order, requirement, decision,
or refusal, made by the Planning Director, shall be decided by appeal
before the entire Planning Board.
[Added by Ord. No. 93-23]
A.
Application for administrative approval of permitted exclusions. The following construction activities as specifically detailed in this section shall not be referred to the Planning Board for review of site plan, as required in § 400-79D. This section shall apply to existing principal buildings only and their lawful accessory uses and shall not apply to existing vacant ground or ground caused vacant by any fire, flood, man-made demolition or natural disaster.
B.
Administrative review.
(2)
All decisions as to the applicability of this section to a specific application for a building permit shall be made by the Construction Official and the Planning Director. If complete agreement is found not to be obtainable by the Construction Official and the Planning Director, as to the applicability of this section to an individual project, then the application shall be forwarded to the Planning Board for review and approval, as required by § 400-79E.
(3)
The applicant shall be required to submit one dated
sealed survey that accurately reflects the conditions on the site.
Upon request of the Planning Director and the Construction Official,
a survey prepared by a licensed land surveyor of New Jersey, showing
the boundaries of the site, existing conditions and elevations with
contour lines, shall be required.
(4)
The area of disturbance, caused by any construction
activity, shall be delineated in the field and drawn on any required
survey or plans. The disturbance area shall be marked off on site
by means of a snow fence and posted "off limits" to all construction
personnel and equipment, prior to any building permit being issued.
(5)
A performance bond may be required for the revegetation
of any disturbed area, but shall not exceed $1,000, as required by
the Construction Official and the Planning Director.
(6)
Any and all disputes, disagreements or interpretations
arising out of any alleged error in order, requirement, decision,
or refusal made by the Construction Official or Planning Director
shall be decided upon appeal before the entire Planning Board.
(7)
A record of all administrative approvals by said Construction
Official and Planning Director shall be kept in a separate file in
the Planning Director's office.
[Added by Ord. No. 93-27]
The Township of Lower Council shall be exempt
from any and all site plan and subdivision development applications,
subject to review and approval by the Construction Official and Planning
Director, as required by this chapter, including but not limited to
sections:
[Added by Ord. No. 95-5]
A.
Accessory buildings, 100 square feet or less, and
not on a permanent foundation, shall be treated separate and apart
from other accessory buildings in this chapter.
B.
Accessory buildings 100 square feet or less, and not
on a permanent foundation, shall be allowed a location on a lot with
a minimum setback of one foot from the rear yard or side yard lot
line, provided:
(1)
An affidavit is provided to the Lower Township Planning
and Construction Office that specifically grants permission for the
one-foot setback from all owners of record abutting the subject property
in the location of the proposed accessory building.
[Added by Ord. No. 2001-2]
A.
Gazebo buildings located in a front yard shall be
treated separate and apart from other accessory buildings in this
chapter.
B.
Area, yard and height requirements chart.
|
Gazebo Building Minimum
|
All Residential Zoning Districts
| |
|---|---|---|
|
Distance to front property line
|
6 feet
| |
|
Distance to side property line
|
4 feet
| |
|
Distance to other building
|
6 feet
| |
|
Maximum gazebo building height
|
15 feet
| |
|
Maximum gazebo building coverage
|
See building coverage for accessory uses in
residential zones
|
C.
Site triangle. No gazebo building shall be located
in any site triangle.
D.
Storage prohibited. No storage of any type of item
shall be permitted in a gazebo building.
E.
No enclosure. Gazebo buildings by definition shall
be open on all sides. No enclosure, blinds, shades or other objects
that may obstruct a clear view through the gazebo shall be permitted.
F.
Electric prohibited. Gazebo buildings shall not have
permanent electrical hookups or permanent lighting fixtures.
