[Amended by Ord. No. 13-1998; Ord. No. 23-2000;
Ord. No. 01-2003; 2-20-2007 by Ord. No. 02-2007; 6-19-2007 by Ord. No. 11-2007; 8-7-2007 by Ord. No. 14-2007; 8-7-2007 by Ord. No.
15-2007; 4-7-2009 by Ord. No. 10-2009; 9-15-2009 by Ord. No. 17-2009; 6-14-2011 by Ord. No. 05-2011; 4-1-2014 by Ord. No. 07-2014; 7-12-2014 by Ord. No. 07-2014]
All buildings erected, constructed, or altered in any district
shall be designed and constructed in accordance and conformity with
the restrictions set forth in the intent and schedule of land uses
accompanying each district of this chapter and declared to be parts
hereof.
For the purpose of this chapter, the City has adopted portions
of SmartCode which is a form-based code that incorporates Smart Growth
and New Urbanism principles. It is a unified development ordinance,
addressing development at all scales of design and is based on the
rural-to-urban transects. The City shall be divided into transects
and special districts which shall be differentiated as to allowable
uses and which shall be known and designated as follows:
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Transect Zones
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Open Space Transect Zone
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OS-1
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Open Space District
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Suburban Residential Neighborhood Transect Zone
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R-1
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Suburban Residential Neighborhood District
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R-2
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Suburban Residential Neighborhood District
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R-3
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Suburban Residential Neighborhood District
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Traditional Residential Neighborhood Transect Zone
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TRN
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Traditional Residential Neighborhood District
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Town Center/Neighborhood Center Transect Zone
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TC-1
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Town Center District
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TC-2
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Town Center District
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NC-1
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Neighborhood Center District
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ACD
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Arts and Cultural Overlay District
[Added 12-7-2021 by Ord. No. 26-2021] | |
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Waterfront Transect Zone
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W-1
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Waterfront District
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Special Districts
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Highway Corridor Special District
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HC-1
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Highway Corridor District
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HC-2
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Highway Corridor Districts
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HCO-1
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Highway Corridor Overlay District
[Added 12-7-2021 by Ord. No. 26-2021] | |
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Industrial District Special District
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IP
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Industrial Park Districts
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I-1
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Industrial Districts
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A.
The boundaries of each Transect Zone or Special District shall be
as shown on Attachment 1 "Zoning Map City of Burlington," which accompanies
this chapter, and is declared to be a part, hereof including all notations
and explanatory matter thereon.
B.
No changes of any nature shall be made in the official Zoning Map
or matter shown thereon except in conformity with the procedures set
forth in this chapter. Any unauthorized change of whatever kind by
any person shall be a violation of these provisions. The official
Zoning Map shall be the final authority as to the current zoning status
of land and water areas, buildings and other structures in the City.
No amendment to this chapter, which involves matters on the official
Zoning Map, shall become effective until after such change and entry
has been made on the map.
A.
Attachments. The following items are attached to this chapter:
A.
Unless otherwise shown, the transect zone or special district boundaries
shall be construed to coincide with the center lines of streets, alleys,
parkways, waterways and the middle of track or tracks of railroads.
B.
Where such boundaries are indicated as approximately following the
property lines of parks or other publicly owned lands, such lines
shall be construed to be such boundaries.
C.
In all cases where a transect zone or special district boundary line
is located not further than 15 feet away from a lot line of record,
such boundary shall be construed to coincide with such lot line.
D.
In all other cases, where dimensions are not shown on the Zoning
Map, the location of boundaries shall be determined by the use of
the scale appearing on such Map.
E.
Where physical or cultural features on the ground are at variance
with those shown on the official Zoning Map, or in other circumstances
not covered in this chapter, the Land Use Board shall interpret the
district boundaries.
A.
Conformity.
(1)
No building shall be erected, moved, altered, rebuilt or enlarged,
nor shall any land or building be used, designed or arranged to be
used for any purpose or in any manner, except in conformity with all
regulations, requirements and restrictions specified in this chapter
for the district in which such building or land is located.
(2)
All construction permits, change of use, driveway, installations or additions to any property within the City of Burlington shall be reviewed by the Zoning Officer to determine conformity with all zoning requirements and restrictions. The Zoning Officer will review and approve, deny and refer to the screening or Land Use Boards as appropriate. The fee for review by the Zoning Officer shall be in accordance with the fee schedule set forth in Chapter 146, Fee Schedule, of the Code of the City of Burlington.
B.
Accessory structures. In addition to the other requirements of this
chapter, the following requirements shall apply:
(1)
No accessory building shall be closer to any front yard than the
principal building on the same lot.
(2)
No accessory building in a residential transect shall exceed a height
of more than 15 feet.
(3)
A carport, existing before the passage of this chapter, may be altered
and enclosed to make a garage. Such finished garage shall be no closer
than five feet to the side lot line and shall not project beyond the
front of the original principal structure.
(4)
Small accessory buildings of not more than 144 square feet in ground
floor area and 10 feet in height are permitted in the side and rear
yard setback areas, provided they are not placed closer than five
feet from any lot line. Such building shall not be used for an automobile
garage.
(5)
Accessory buildings shall be architecturally compatible with the
principal building on the same lot.
(6)
No swimming pool may be located in any front setback area, but may be located in the rear yard and side yard setback areas; provided that no part of the pool surface is located closer than 10 feet to the property lines. (See also Chapter 311, Swimming Pools.)
(7)
Tennis courts are a permitted accessory structure, provided that no tennis court shall be closer than 10 feet to the inside or rear property line. Tennis courts in residential transect must also adhere to the requirements of Subsection G of this section.
(8)
Sheds
(garden-type utility and similar structures, but not garages) may
be installed without a UCC permit (regardless of floodplain) as long
as they meet the following criteria: 200 square feet or less in area;
less than 10 feet in mean height; accessory to R-2, R-3, R-4 or R-5;
and containing no utilities.
[Added 5-3-2022 by Ord. No. 05-2022]
C.
Yards and open space. No yard or open space required in connection
with any building or use shall be considered as providing a required
open space for any other building on the same or any other lot.
D.
Occupied lots. No lot shall be formed from part of a lot already
occupied by a building unless such building, all yards and open spaces
connected therewith, and the remaining lot comply with all requirements
prescribed by this chapter for the transect or special district in
which such lot is located. No permit shall be issued for the erection
of a building on any new lot thus created unless such building and
lot comply with all the provisions of this chapter.
E.
Previous permits. Nothing contained in this chapter shall require
any change in the plans, construction or designated use of a building
complying with existing law, a permit for which has been issued and
the construction of which shall have been started before the date
of first publication of notice of the public hearing on this chapter,
and the ground story framework of which, including the second tier
of beams, shall have been completed within six months of the date
of the permit, and which entire building shall have been completed
in accordance with such plans as have been filed within one year from
the date of passage of this chapter.
F.
Visibility obstructions. In a residential transect, no fence, shrubs
or other obstruction to visibility, exclusive of trimmed trees or
existing buildings, shall be erected, planted or maintained upon corner
lots within 25 feet of any street intersection. Any existing obstruction,
exclusive of trimmed trees or existing buildings of this character,
which, within the foregoing limits, curtails the view of drivers of
vehicles approaching the intersection, shall be removed by and at
the expense of the owners of such corner lots within six months of
the date of passage of this chapter.
G.
Fence and wall limitations in residential districts.
(1)
No walls shall be constructed to define or enclose a portion of a
property in any residential district, except for retaining walls which
are constructed specifically to resist the lateral displacement of
soil.
(2)
In a residential transect, or on lots used for such purposes in any
other districts:
(a)
No fence of any type in excess of four feet in height shall
be permitted without a fence permit obtained from the Zoning Officer.
(b)
Application for a fence permit shall include the following:
[1]
Completed fence permit application form.
[2]
Fence permit application fee.
[3]
Drawing or survey of the subject property depicting the location(s)
of the proposed fence(s) as well as the location of any existing fence(s).
[4]
An elevation drawing, photograph, catalog cut, or other reasonably
accurate visual depiction of the proposed fence(s) which shall show:
(c)
No application for a fence permit shall be approved unless all
of the above items have been included at the time of submission.
(d)
All complete applications for fence permits shall be approved
or denied by the Zoning Officer within 10 days of submission.
(e)
Fences shall be erected such that the supporting members thereof
shall not be visible to one's neighbor(s).
(f)
No fences shall be erected or maintained upon a corner lot within
25 feet of any street intersection.
(g)
The bottom of all fences shall be erected to be no less than
four inches above existing grade.
(h)
The distance between parallel fences shall allow for fence and
lawn care and maintenance.
(i)
No fence shall be erected that is a safety hazard to others.
(j)
No fence shall be erected that is greater than four feet in
height unless such fence is erected outside of or beyond: a public
right-of-way; the front yard setback of any principal building or
structure; and any sight triangle.
(k)
Along all other locations, no fence shall be erected that is
greater than six feet in height.
(3)
An appeal of a decision made by the Zoning Officer for the height
of a fence shall come before the Land Use Board and shall be handled
as a "c" variance pursuant to N.J.S.A. 40:55D-70(c).
(4)
Within the Historic District or with respect to any structure designated as an historic structure, any removal or change in any fence or wall must be determined to be compatible with the historical or architectural integrity of the property and a certificate of appropriateness resulting from review by the Historic Preservation Commission and the Land Use Board is required. (See Article IV.) The Historic Preservation Commission and Land Use Board's review shall deal with materials, design and height. Both Boards shall consider materials, design and height as it affects their respective areas of concern, i.e., historic preservation, safety, visibility, etc. The applicant shall have the right to choose the order or sequence of review by the respective Boards.
H.
Street wall. Every building used or intended for use, in whole or
in part, as a dwelling hereafter erected shall have one entire wall,
without any intervening structure, face upon a public street. No detached
building shall be constructed in front of, or moved to the front of,
a dwelling on the same lot.
I.
Flammable and combustible liquid storage.
(1)
The storage of flammable and combustible gases and liquids shall
not be permitted above the ground in any district in any storage tanks
or other type storage containers the total capacity of which exceeds
100 gallons, except when the storage of such material is an accessory
use to a use permitted in the Industrial District I-1.
(2)
The transportation, storage, handling and processing of flammable
and combustible liquids shall be in strict accordance with the N.J.
Uniform Fire Prevention Code.
J.
Materials and equipment storage.
(1)
Screening. All materials and equipment, excluding motor vehicles used in connection with a commercial or industrial use, shall be stored within buildings or shall be enclosed by approved walls, fences or screen planting, and in no case shall be in front of the building line or within required yard areas. Outdoor displays shall only be permitted in accordance with the provisions of § 207-84.1.
(2)
Trailers. A truck, trailer, tractor trailer, containerized unit or
similar structure, device or vehicle shall not be used for outdoor
storage purposes unless enclosed within a building which has received
site plan approval as a storage facility or warehouse.
(3)
Residential use of trailers. No truck, trailer, or recreational vehicle
shall be used for residential purposes.
K.
Height exceptions. The height limitations of this chapter shall not
apply to church spires, belfries, cupolas, penthouses and domes not
used for human occupancy, nor to chimneys, ventilators, skylights,
water tanks, similar features and necessary mechanical appurtenances
usually carried above roof level. Such features, however, shall be
erected only to such height necessary to accomplish the purpose they
are to serve and must be specifically approved by the Land Use Board.
L.
Home occupations shall include but not be limited to those of doctors,
lawyers, architects, engineers, artists, accounting, real estate and
insurance, barbers and beauticians and babysitting for no more than
five nonresidential children. Home occupations shall be a permitted
in transects and special districts shown on Attachment 3, provided
the following standards are met:
(1)
The home occupation is carried on completely within the dwelling
unit and is carried on only by a resident (occupant) residing in the
dwelling unit plus not more than one full-time additional employee
or equivalent.
(2)
Not more than 25% of the floor area of the dwelling shall be devoted
to home occupations.
(3)
No frequent servicing by truck for supplies and materials shall be
required by the home occupation. Delivery trucks shall be limited
to U.S. Postal Service, United Parcel Service, Federal Express and
other delivery services providing regular service to residential uses
in the zone district.
(5)
No exterior alterations, additions or changes to the residential
character of the dwelling unit shall be permitted in order to accommodate
or facilitate a home occupation including but not limited to parking,
storage, or lights.
(6)
No offensive noise, vibration, smoke, dust, odors, heat, glare, fumes,
electrical or radio interference shall be produced that is detectable
by neighboring residents.
(7)
The use does not require any increased or enhanced electrical or
water supply.
(8)
The quantity and type of solid waste disposal is the same as other
residential uses in the zone district.
(9)
The capacity and quality of effluent is typical of normal residential
use, and creates no potential or actual detriment to the sanitary
sewer system or its components.
(10)
All vehicular traffic to and from the home office shall be limited
in volume, type and frequency to what is normally associated with
other residential uses in the zone district.
M.
Industrial District (IP and I-1) general regulations.
(1)
There shall be at least one trash and garbage pickup location provided
for each building, which shall be separated from the parking spaces
by either a location within the building or in a pickup location outside
the building, which shall be a steel-like, totally enclosed container
located in a manner to be obscured from view from parking areas, streets
and adjacent residential uses or zoning districts by a fence, wall,
planting or combination of the three. If located within the building,
the doorway may serve both the loading and trash/garbage functions.
If a container is used for trash/garbage functions and is located
outside the building, it may be located adjacent to or within the
general loading area, provided that the container in no way interferes
with or restricts loading and unloading functions.
(2)
All buildings shall be compatibly designed, whether constructed all
at one time or in stages over a period of time. All building walls
facing any street or residential district line shall be suitably finished
for aesthetic purposes.
N.
Rooming house and boardinghouse. Rooming house and boardinghouse
uses are not permitted within the City.
O.
Tattoo and massage parlors. Neither tattoo parlors nor massage parlors
shall be a permitted use in any zone.
P.
Cannabis industries.
[Added 7-13-2021 by Ord.
No. 17-2021]
(1)
The requirements of this subsection are subject to the enabling authority
of the State of New Jersey and are subject to compliance with all
statutes and/or regulations adopted by the State of New Jersey or
its instrumentalities. If any provision of this subsection is inconsistent
with the statutes and/or regulations of the State of New Jersey, the
state statutes and/or regulations shall govern.
(2)
Prior to the operation of any cannabis industries in the City of
Burlington, a license for such use must be obtained from the State
of New Jersey and from the City of Burlington.
(3)
Unless otherwise authorized by the State of New Jersey pursuant to
a license issued by the State of New Jersey based upon population
and other applicable state standards and requirements, no more than
three Class 5 cannabis retailers, one Class 1 cannabis cultivator
facility, one Class 2 cannabis manufacturer/processor/packager, and
two Class 3 cannabis wholesale distributors/transporters are to be
licensed to operate within the City of Burlington.
[Amended 3-7-2023 by Ord. No. 03-2023]
(4)
Site plan approval must be obtained from the City of Burlington Land
Use Board and a certificate of zoning compliance must be issued by
the Zoning Officer. To protect the public health, safety, and general
welfare, and to prevent economic stagnation, site plan approval for
a business defined as being one of the cannabis industries shall expire
after the period of vested rights as set forth in the Municipal Land
Use Law (N.J.S.A. 40:55D et seq.) unless extended by approval of the
Land Use Board. The certificate of zoning compliance issued by the
Zoning Officer shall expire one year after the date of issuance if
an application for licensure has not been submitted to the City's
licensing authority.
(6)
Performance standards.
(a)
General. Standards and guidelines set forth in this section
shall supersede other requirements of the zone district in which the
Cannabis Industries is to be located to the extent they are inconsistent
with the requirements for Cannabis Industries as set forth herein.
Where bulk regulations, parking requirements, or other provisions
of the Zoning Code are not specifically stated, the underlying Zoning
standards and guidelines shall prevail.
(b)
Odors. Cannabis industries shall have sufficient ventilation
and equipment to mitigate cannabis-related odor. The building shall
be equipped with a ventilation system with filters sufficient in type
and capacity to eliminate cannabis odors emanating from the interior
of the premises.
(c)
Noise. Outside generators and other mechanical equipment used
for any kind of power supply, cooling or ventilation shall be enclosed
and have appropriate baffles, mufflers, and/or other noise reduction
systems to mitigate noise pollution.
(d)
Security. All cannabis industries facilities shall be secured
and shall have full-time security protocols. Security protocols shall
be submitted to the Burlington City Police Department for compliance
review with all safety and security standards established by the State
of New Jersey for cannabis industries. The Burlington City Police
Department may, at their discretion and upon review of the proposed
location, recommend or require additional safety and security measures.
(e)
Compliance with other codes. All cannabis industries shall comply
with all zoning, health, building, fire and other codes and ordinances
of the City as applicable.
(f)
Cannabis industries licensing. Application and license fees
for cannabis industries facilities are as follows:
[1]
Criminal background check fee, per person checked: actual costs.
[2]
Transfer of ownership: $100 plus cost of background checks required in Subsection P(6)(f)[1].
[3]
Letter or resolution of municipal support of cannabis license from
the New Jersey Cannabis Regulatory Commission fee: $500.
[Added 3-7-2023 by Ord. No. 03-2023]
A.
Intent. It is the intent of the OS-1 Open Space District to:
(1)
Provide public access and encourage eco-tourism and commercial recreation
on Burlington Island, while protecting the island's environmental
integrity for future generations.
(2)
Maintain the City's local recreational facilities and public access
along the Delaware River, while promoting it as a regional entertainment
and commercial recreation venue.
(3)
Return JFK Park to a more natural condition, as part of a recreational
greenway and wildlife habitat.
(4)
Improve public access along the Assiscunk Creek above Mitchell Avenue
and work with Burlington Township to develop a regional recreational
greenway and wildlife habitat.
(5)
Maintain neighborhood parks, playgrounds, and community centers as
important features of residential quality of life.
B.
District regulations.
(1)
Permitted uses, accessory uses, conditional uses: see Attachment
3, Schedule of Land Uses.
(2)
Area, yard and bulk requirements: see Attachment 4, Schedule of Bulk
Requirements.
(3)
Parking and loading: see Attachment 5, Schedule of Parking and Loading
Requirements.
(4)
Signs. Signs in the OS-1 District shall be permitted and placed at
the discretion of the Common Council.
A.
Intent. It is the intent of the R-1 Residential District to promote
the following:
(1)
Very low-density housing in appropriate locations;
(2)
Limited quasi-public uses appropriate for residential neighborhoods;
(3)
A variety of residential housing types and densities, creation of
appropriate open space and recreational facilities, conservation of
open space and preservation of valuable natural resources and to encourage
well-designed residential subdivision in those areas of the zone when
the mixed planned residential development option is a permitted conditional
use.
(4)
Maintenance and enhancement of the neighborhoods as a walkable community
with preserved local character.
B.
C.
Urban design guidelines.
(1)
The following desired character, building placement, frontage types,
typical building height, public spaces, civic buildings and parking
are provided to serve as a guide for future infill development and
redevelopment in the R-1 Suburban Residential Neighborhood District.
Site planning principles are also provided.
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A.
Intent. In addition to the intent of the R-1 Residential District,
it is the intent of the R-2 Residential District to promote the following:
B.
C.
Urban design guidelines.
(1)
Section 207-73C provides a guide for future infill development and redevelopment in the R-2 Suburban Residential Neighborhood District in reference to the desired character, building placement, frontage types, typical building height, public spaces, civic buildings and parking. Site planning principles are also provided.
A.
Intent. It is the intent of the R-3 Residential District to promote
the following:
B.
C.
Urban design guidelines.
(1)
Section 207-73C provides a guide for future infill development and redevelopment in the R-3 Suburban Residential Neighborhood District in reference to the desired character, building placement, frontage types, typical building height, public spaces, civic buildings and parking. Site planning principles are also provided.
A.
Intent. It is the intent of the TRN Traditional Residential Neighborhood
District to:
(1)
Remove derelict buildings, rehabilitate deteriorated buildings, and
sensitively design and strategically redevelop areas with a variety
of housing choices in order to maintain the historic neighborhood
character.
(2)
Integrate compatible neighborhood-scale civic uses and home occupations
that encourage residents to walk, bike, or ride safe and convenient
public transportation to most of their daily needs.
B.
C.
Urban design guidelines.
(1)
The following desired character, building placement, frontage types,
typical building height, public spaces, civic buildings and parking
are provided to serve as a guide for future infill development and
redevelopment in the TRN-Traditional Residential Neighborhoods. Site
planning principles are also provided.
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A.
Intent. It is the intent of the TC-1 Town Center District to:
(1)
Rehabilitate deteriorated buildings, sensitively design and strategically
redevelop areas with a variety and mixture of lodging, civic, commercial,
office and other compatible uses, as well as housing above the street
level, in order to take advantage of the light rail station and maintain
the historic small town "main street" character.
B.
District regulations.
(1)
Permitted uses, accessory uses, conditional uses: see Attachment
3, Schedule of Land Uses.
(2)
Area yard and bulk requirements: see Attachment 4, Schedule of Bulk
Requirements.
(3)
Parking and loading: see Attachment 5, Schedule of Parking and Loading
Requirements.
(6)
Special regulations.
(a)
Businesses with rear properties adjacent to public property or rights-of-way shall install appropriate signage in accordance with Chapter 285, Signs, to identify the business occupying the structure and to provide a formal entryway compatible with the architectural integrity of the building.
(b)
Trash and garbage areas shall be properly screened and walkways,
lighting and landscaping shall be required to provide attractive connections
from public areas to commercial properties.
C.
Urban design guidelines.
(1)
The following desired character, building placement, frontage types,
typical building height, public spaces, civic buildings and parking
are provided to serve as a guide for future infill development and
redevelopment in the TC-1 Town Center District. Site planning principles
are also provided.
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[Amended 12-7-2021 by Ord. No. 26-2021]
A.
Intent. It is the intent of the Arts and Cultural District Overlay
(ACD) to provide:
(1)
Arts and cultural businesses to add diversity to the City's
economy;
(2)
Positive economic impacts to the City with an influx of artistic
and culturally related businesses and organizations that will generate
jobs and revenue;
(3)
Positive impacts to Burlington City's residents, neighboring
business owners in other districts, and visitors.
B.
District boundaries established.
(1)
The boundaries of the City of Burlington's Arts and Cultural
Overlay District (ACD) within TC-1 are shown on Attachment 1, Zoning
Map.
(2)
The designation of the area as an Arts and Cultural Overlay
District (ACD) shall not in any respect override any applicable City
Code regulatory requirement including, but not limited to, zoning
regulations, fire code, nuisance, and building and property maintenance
codes.
D.
In addition to the uses permitted in § 207-77B(1), the following additional uses shall be permitted within this overlay district:
(1)
For-profit business or not-for-profit organization that presents
live performances of theatre, dance, music, or other imaginative work
and/or produces or exhibits physical works created by, or under the
direction of, one or more artists, which are intended for unique production
or limited reproduction, including for-profit businesses and not-for-profit
organizations involved in instruction of arts and cultural forms.
(2)
For-profit business or not-for-profit organization that offers
a technical and/or administrative support function to the operation
of an arts and cultural activity: marketing; public relations; graphic
design and publishing; booking and travel services; IT, internet and
social media services; consulting and planning services for arts and
cultural activity; provisions of technical equipment and expertise
related to arts performance and presentation.
(3)
Museums or historic sites, the primary mission of which is education,
history, or historic preservation, shall also qualify as arts and
culture organizations.
(4)
General consumer-oriented food retailers such as restaurants,
cafes, coffee and tea shops, and delicatessens.
(5)
Creative economy businesses whose primary economic activities
are the generation or utilization of innovation, knowledge and information
involving individual creativity, skill and talent which activities
have a potential for wealth and job creation through the generation
of ideas, products and/or services. Standard categories may include,
but are not limited to: advertising, architecture, art and antiques,
designing computer games or software, culinary arts, crafts, design,
designer fashion, film and video, music, performing arts, theatre,
publishing, TV and radio.
A.
Intent. It is the intent of the TC-2 Town Center District to:
(1)
Rehabilitate deteriorated buildings, sensitively design and strategically
redevelop areas with a variety and mixture of lodging, civic uses,
office and other compatible uses, as well as limited neighborhood-scale
commercial uses, in order to take advantage of the light rail station.
B.
District regulations.
(1)
Permitted uses, accessory uses, conditional uses: see attachment
3, Schedule of Land Uses.
(2)
Area yard and bulk requirements: see Attachment 4, Schedule of Bulk
Requirements.
(3)
Parking and loading: see Attachment 5, Schedule of Parking and Loading
Requirements.
(6)
Special regulations.
(a)
Businesses with rear properties adjacent to public property or rights-of-way shall install appropriate signage in accordance with Chapter 285, Signs, to identify the business occupying the structure and to provide a formal entryway compatible with the architectural integrity of the building.
(b)
Trash and garbage areas shall be properly screened and walkways,
lighting and landscaping shall be required to provide attractive connections
from public areas to commercial properties.
(c)
Combined office/residential uses with office uses on the first
story and residential uses on the upper stories are permitted provided
that all of the requirements of the City Housing Code and this chapter
are met.
(d)
Conversion of nonconforming offices. Each application to convert
an existing nonconforming office use to another type of office use
shall be construed liberally to permit the change in office use provided
that the change will not cause substantial detriment to the public
good.
C.
Urban design guidelines.
(1)
Section 207-77C provides a guide for future infill development and redevelopment in the TC-2 Town Center District in reference to the desired character, building placement, frontage types, typical building height, public spaces, civic buildings and parking. Site planning principles are also provided.
A.
Intent. It is the intent of the NC-1 Neighborhood Center District
to:
(1)
Encourage neighborhood-scale business and commercial uses and recognize
existing land uses that encourage residents to walk, bike, or ride
safe and convenient public transportation for many of their daily
needs, while maintaining the street's historic neighborhood character.
B.
District regulations.
(1)
Permitted uses, accessory uses, conditional uses: see Attachment
3, Schedule of Land Uses.
(2)
Area yard and bulk requirements: see Attachment 4, Schedule of Bulk
Requirements.
(3)
Parking and loading: see Attachment 5, Schedule of Parking and Loading
Requirements.
(6)
Special regulations.
(a)
Businesses with rear properties adjacent to public property or rights-of-way shall install appropriate signage in accordance with Chapter 285, Signs, to identify the business occupying the structure and to provide a formal entryway compatible with the architectural integrity of the building.
(b)
Trash and garbage areas shall be properly screened and walkways,
lighting and landscaping shall be required to provide attractive connections
from public areas to commercial properties.
C.
Urban design guidelines.
(1)
Section 207-77C provides a guide for future infill development and redevelopment in the NC-1 Neighborhood Center District in reference to the desired character, building placement, frontage types, typical building height, public spaces, civic buildings and parking. Site planning principles are also provided.
A.
Intent. It is the intent of the W-1 Waterfront District to:
(1)
Revitalize and redevelop the area with a mix of sensitively designed
and integrated housing choices and compatible neighborhood-scale commercial
and civic uses, maritime-related commercial uses and limited lodging
and office uses, while continuing the riverfront promenade and improving
public access along the Delaware River and Assiscunk Creek.
B.
District regulations.
(1)
Permitted uses, accessory uses, conditional uses: see Attachment
3, Schedule of Land Uses.
(2)
Area yard and bulk requirements: see Attachment 4, Schedule of Bulk
Requirements.
(3)
Parking and loading: see Attachment 5, Schedule of Parking and Loading.
(5)
Special regulations. In addition to the other requirements of this
chapter, the following guidelines shall be utilized for the W-1 Waterfront
District:
(a)
The architecture of any proposed uses should be compatible with
the adjacent High Street Business District.
(b)
The facade, as viewed from the waterfront promenade, should
be architecturally integrated.
(c)
Uses along the waterfront should be oriented to pedestrian use
along the waterfront as well as pedestrian and vehicular access along
Pearl Boulevard.
(d)
For commercial uses in this district, loading and unloading
areas, service entrances, etc., shall be from a portion of the building
not facing directly onto the Waterfront Promenade or Pearl Boulevard.
(e)
Due to the special and public nature of this district, landscaping
shall be utilized to create a park-like setting for any proposed use.
C.
Urban design guidelines.
(1)
The following desired character, building placement, frontage types,
typical building height, public spaces, civic buildings and parking
are provided to serve as a guide for future infill development and
redevelopment in the W-1 Waterfront District. Site planning principles
are also provided.
 |
 |
A.
Intent. It is the intent of the HC-1 Highway Corridor District to:
(1)
Revitalize the areas as a safe, landscaped boulevard lined with sustainable,
pedestrian-scaled and sensitively designed commercial uses, along
with lodging and limited civic uses, which unifies both sides of the
roadway;
(2)
Create an identifiable character for a major entry point into the
City by encouraging the grouping of compatible uses;
(3)
Promote a harmonious, stable mixture of limited retail and service
uses;
(4)
Reduce the hazards of highway commercial activity;
B.
C.
Urban design guidelines.
(1)
The following desired character, building placement, frontage types,
typical building height, public spaces, civic buildings and parking
are provided to serve as a guide for future infill development and
redevelopment in the HC-1 Highway Corridor District. Site planning
principles are also provided.
 |
 |
[Added 12-7-2021 by Ord.
No. 26-2021]
A.
Intent. It is the intent of the Highway Corridor Overlay-1 (HCO-1)
District to provide the City of Burlington Board of Education with
opportunities:
(1)
To build public support of its mission to inspire, nurture,
support, prepare, and challenge all to achieve personal and academic
excellence, to become lifelong learners, and to be responsible, respectful,
and engaged partners in the global community.
(2)
To partner with private community sponsors to support the construction
and maintenance of improvements, including outdoor signage consistent
with community standards, to promote its academic, athletic, and other
extracurricular activities and events, and
(3)
To reduce unnecessary regulation when it seeks approvals to
make improvements in the overlay district.
B.
District boundaries established.
(1)
The boundaries of the City of Burlington's Highway Corridor
Overlay-1 (HCO-1) District are shown on Exhibit A, Zoning Map.
(2)
The designation of the area as a Highway Corridor Overlay-1
(HCO-1) District shall not in any respect override any applicable
City Code regulatory requirement including, but not limited to, zoning
regulations, fire code, nuisance, and building and property maintenance
codes.
C.
The district regulations and urban design guidelines of the respective
underlying zoning districts shall also apply in this overlay district.
A.
Intent. It is the intent of the HC-2 Highway Corridor District to:
(1)
Revitalize as a safe, landscaped boulevard lined with automobile-oriented
commercial uses, limited lodging and health care service businesses,
business administrative and support services, information technology
businesses; limited contractor and transportation-related industries,
and wholesale trade businesses;
(2)
Reduce the hazards of highway commercial activity;
(3)
Create stable commercial development.
B.
C.
Urban design guidelines.
(1)
Section 207-81C provides a guide for future infill development and redevelopment in the HC-2 Highway Corridor District in reference to the desired character, building placement, frontage types, typical building height, public spaces, civic buildings and parking. Site planning principles are also provided.
D.
Cannabis cultivation facilities, cannabis product manufacturing facilities,
cannabis wholesaler, cannabis distributor, cannabis delivery service,
cannabis testing facilities, and cannabis retail establishments.
[Added 2-2-2021 by Ord.
No. 02-2021; amended 7-13-2021 by Ord. No. 17-2021]
(1)
Specifically prohibited in all Zoning Districts with the exception
of specific uses in identified area on Attachment 1 within I-1, I-P
and HC-2 zones.
(2)
Minimum distance from school and day-care facilities including public
and private: 300 linear feet measured lot line to lot line.
(3)
Minimum distance from places of worship: 300 linear feet measured
lot line to lot line.
(4)
Maximum hours of dispensary and sales operation: 8:00 a.m. until
9:00 p.m., Monday through Saturday; 10:00 a.m. until 6:00 p.m. on
Sundays.
(5)
Drive-through facilities are not permitted.
(6)
The Land Use Board shall be satisfied that the off-tract and on-site
circulation, schedule for deliveries and shipping, and site ingress
and egress are adequate.
(7)
The dispensary and sales minimum lot width at the building line shall
be 100 feet and the minimum lot size shall be 20,000 square feet.
Minimum side and rear yard setbacks shall be 25 feet, five feet of
which shall be appropriately landscaped and buffered/screened. Minimum
front yard setback shall be 50 feet, 20 feet of which shall be appropriately
landscaped and buffered/screened.
(9)
An enhanced setback and buffer/screen shall be provided along existing
residential zone districts and residential uses. The minimum setback
shall be 50 feet. The buffer/screen width of 25 feet within the setback
shall include enhanced screening including fencing and additional
landscape buffering materials and designs as deemed appropriate by
the Land Use Board.
(10)
Off-street parking schedule: Off-street parking for medical
dispensary, for retail sales, warehousing, testing and distribution
facilities and all other related uses in this category shall be provided
in accordance with the Burlington City Zoning Code as deemed sufficient
by the Land Use Board Engineer.
(11)
A site management plan is required and shall address at a minimum
vehicle traffic control, methods and designs to prevent loitering
and promote public safety, and regular site maintenance.
(12)
Signage shall be permitted and regulated as a business sign
in accordance with the Burlington City Zoning Code. To the extent
that additional mandates or restrictions are contained in state or
federal laws or regulations, compliance with those mandates and restrictions
is required.
(13)
The security and surveillance system for the building and grounds,
including parking lots and common areas, are required to have in place
and fully operational state of the art security measures in conformance
with the measures required by the state licensure of the facility,
including twenty-four-hour on-site human surveillance shall be in
place as well as video camera recording of all noted areas, with the
video camera surveillance system having the capability to record the
activity on the building, grounds and common areas and the video retained
for a minimum period as required by state regulation. The security
system will be required to be in compliance with other safety and
security recommendations of the Police Department as may be incorporated
by the Land Use Board.
(14)
All facilities, processes, security systems, and dispensary/sales
must comply with New Jersey State Regulations and state mandates,
including all applicable licensure requirements for the cultivation,
distribution, sale and warehousing of such products.
(15)
The infrastructure of the building, including HVAC, air circulation,
and air recirculation is required to be in compliance with all state
mandates for cultivation, distribution and sales, as well as with
local Code and with the approval of the Land Use Board's professional
planning and engineering consultants. All techniques for the growing,
cultivation, manufacturing, testing, distribution processes, storage
and display of product in such facilities must comply with the state
mandates, including licensure requirements and applicable.
(16)
The submission and approval of a site plan is required as defined
by municipal code. The Land Use Board may require any and all expert
recommendations including police, fire and outside consultants, including
the Board's Engineer and Professional Planner.
(17)
All testing laboratories, manufacturing, warehousing, distribution facilities or other industrial uses for the cultivation, manufacturing, processing, packaging, testing, wholesale distribution/transportation (between warehouses and dispensaries in New Jersey) and the sale of cannabis and cannabis products through state-licensed dispensaries shall be subject to the performance standards set forth in § 207-86, Performance standards for industrial districts. All uses for the retail sale of cannabis and cannabis products through state-licensed dispensaries shall additionally be subject to the performance standards set forth in § 207-82 HC-2 (Highway Corridor District), § 207-83 (Industrial Park District), § 207-84 (Industrial District), § 207-84.1 (Outdoor displays), § 207-85 (Parking and loading) § 207-86 (Performance standards applicable to research laboratories, manufacturing or other industrial uses in all industrial districts), and, if located along the Route 130 Corridor, § 207-88 (Route 130 landscape corridor).
A.
Intent. It is the intent of the IP Industrial Park District to promote:
(1)
Areas within the City where general business offices, warehousing
and distribution facilities, assembly of products from partially manufactrued
and/or processed goods and materials, flexible light industrial uses,
and light manufacturing uses can be developed in a manner that will
improve the appearance of these areas and strengthen and improve the
City's economic composition and provide jobs to City residents;
(2)
Areas for the development of industrial parks with more flexible
design standards which will accommodate a combination of general business
offices, warehousing and distrubution facilities, assembly of products
from partially manufactured and/or processed goods and materials,
flexible light industrial uses, and light manufacturing uses in a
compatible manner, and eating establishments to service the uses and
people in the industrial park and other patrons;
(3)
Regulation of uses and development standards which are aimed to reduce
hazards and nuisances associated with industrial developments; and
(4)
Coordination with industrial development programs in the adjacent
Township and to continue the riverfront promenade in order to improve
public access along the Delaware River and Assiscunk Creek.
[Amended 12-7-2021 by Ord. No. 26-2021]
A.
Intent. It is the intent of the I-1 Industrial District and IP Industrial
Park District to promote:
(1)
Clustering of industrial development in selected appropriate areas;
(2)
Sites for industrial uses separated from incompatible uses;
(3)
Reduction of the influence of hazards and nuisances resulting from
the operation of industries to other adjoining land uses;
(4)
Coordination with industrial development programs in the adjacent
Township and to continue the riverfront promenade in order to improve
public access along the Delaware River and Assiscunk Creek.
Permitted business uses may display automobiles, garden and
lawn supplies and equipment, trees, shrubs and Christmas trees intended
for sale on the premises outside of and adjacent to other principal
structures in which such use is carried on provided that such outdoor
selling or storage areas shall not encroach upon any of the required
landscape or buffer areas, or the public right-of-way. The combined
area of the lot occupied by buildings, required off-street parking,
storage and display shall not exceed the maximum lot coverage permitted
for buildings, parking and drives permitted within the district in
which it is located. The areas shall be appropriately set forth at
the time of application for a building permit or site plan approval.
Any subsequent establishment or relocation of such areas shall be
subject to the issuance of a supplementary approval. Nothing in this
section shall be construed to permit the outdoor storage of goods
intended for use other than at the point of sale.
A.
Application. No new building shall hereafter be erected, and no existing
building be altered to increase its floor area or increase employment
or occupancy unless and until off-street parking facilities as set
forth in this chapter, where applicable, shall be provided for the
storage or parking of passenger motor vehicles for the use of occupants,
employees or patrons of buildings erected or for the portion enlarged
or altered.
B.
Size. An off-street space available for the parking of a motor vehicle
and which in this chapter is held to be an area nine feet wide and
20 feet long for head-to-head parking and nine feet wide and 18 feet
long for perpendicular parking against a curb or curb stop, exclusive
of passageways and driveways appurtenant thereto and giving access
thereto. Entrance and exit roadways shall not be computed as parking
space except for single-family residences. No area in existing right-of-way
areas in public roads shall be used to satisfy the parking space requirements.
C.
Access. Unobstructed access to and from a street shall be provided.
D.
Drainage and surfacing. All open parking areas shall be properly
drained, and all such areas shall be provided with a paved surface
as approved by the City Engineer and shall be clearly marked for car
spaces.
E.
Parking space requirements. Parking space requirements shall be met
on the same lot with the principal use to which it is accessory whenever
possible. If this is not possible, the parking space shall be provided
on another site with no parking space further than 500 feet from the
entrance to the building. Such parking space which is provided on
another site shall not be on the opposite side of a highway or heavily
traveled street from the principal use to which it is accessory. The
area of the property on which the separate parking lot is located
may be included in the total minimum lot area required. In the case
of a single-family detached dwelling or two-family detached dwellings,
parking space must be provided on the same lot as the dwelling.
F.
G.
Mixed uses. In the case of mixed uses, the parking facilities required
shall be the sum of the requirements for the various individual uses,
computed separately in accordance with the limiting schedule. Parking
facilities for one use shall not be considered as providing the required
parking facilities for any other use.
H.
Driveway clearance. Off-street parking areas should be designed to
prevent the maneuvering of vehicles onto or out of parking spaces
or the storage of vehicles within any portion of an entrance driveway
or driveway lane that is within 20 feet of the right-of-way line of
a road. Off-street parking areas should be so designed to permit all
vehicles to turn around on the site in order to prevent the necessity
of any vehicle backing on to the road from such site.
I.
Shade trees. Off-street parking areas which provide parking for 20
or more vehicles shall be provided with shade trees of a type and
size approved by the Land Use Board. The shade trees shall be located
in a planned manner within the parking lot areas in quantity equal
to not less than one shade tree for every 10 parking spaces.
J.
TC-1 District. Parking in the TC-1 District shall be where permitted
by ordinance.
K.
Parking standards. See Chapter 207, Attachment 5, Parking and Loading Requirements, for parking requirements for all transects and districts except TC-1.
L.
Loading and service areas.
(1)
Adequate areas shall be provided in all commercial and office districts
for the loading and unloading of delivery trucks and other vehicles
and the servicing of shops by refuse collection, fuel, fire and other
service vehicles. Such area shall be paved with a hard surface acceptable
to the City Engineer.
(2)
The required number of loading areas shall be prescribed by the schedule of minimum loading requirements in Chapter 207, Attachment 5, Schedule of Parking and Loading Requirements.
(3)
Uses not listed shall provide sufficient spaces as determined by
the approving authority using the schedule as a guide.
(4)
Location of loading areas shall meet the following requirements:
(a)
No loading area shall be located in any required buffer or screen.
(b)
No off-street loading and maneuvering areas will be located
in any front yard or require any part of a street.
(c)
Loading spaces shall abut the building being served and be located
to directly serve the building for which the space is being provided.
(5)
Each loading berth shall be at least 15 feet by 40 feet and there
shall be no loading or unloading from the street.
[Amended 2-2-2021 by Ord. No. 02-2021; 7-13-2021 by Ord. No. 20-2021]
All research laboratories, manufacturing, testing or other industrial
uses shall be subject to the following performance standards:
A.
No highly flammable or explosive liquids, solids or gases shall be
stored in bulk aboveground, with the exception of tanks or drums of
fuel directly connecting with energy devices, heating devices, or
appliances located on the same lot as the tanks or drums of fuel.
B.
All outdoor storage facilities of fuel, raw materials and products,
and all raw materials and products stored outdoors, shall be enclosed
by a fence adequate to conceal the facilities from the adjacent properties.
C.
No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transferred from the lot by natural causes
or forces, nor shall any substances which can contaminate a stream
or watercourse, or which may destroy aquatic life, be allowed to enter
any stream or watercourse.
D.
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard, or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
containers which are adequate to eliminate such hazards.
E.
No smoke shall be emitted from any chimney or other source of visible
gray opacity greater than No. 2 of the Ringleman Smoke Chart as published
by the U.S. Bureau of Mines.
F.
The emission of dust, dirt, fly ash, fumes, vapors or gases which
can cause any damage to human health, to animals or vegetation or
other forms or property, or which can cause any soiling or staining
of persons or property at any point beyond the lot line or the use
creating the emission is herewith prohibited.
G.
No emission of liquid or solid particles from any chimney or otherwise
shall exceed 0.3 grain per cubic foot of the covering gas at any point
beyond the lot line of the use creating the emission. For measurement
of the amount of particles in gases resulting from combustion, standard
correction shall be applied to a stack temperature of 500° F.,
and 50% excess air in stack at full load.
H.
There shall be no emission of sulfur dioxide.
I.
The sound pressure level of any use (not including ambient noises
not under control of the operator of the use) shall not exceed, at
any point on the boundary of an industrial district, the decibel levels*
in the designed octave bank shown below, except for emergency alarm
signals, and subject to the following corrections:
 |
(1)
Subtract five decibels for pulsating or periodic noises. Add five
decibels for noise sources operating less than 20% of any one-hour
period.
(2)
Sound pressure level to be measured according to the specification
published by the American Standard Association.
|
Octave Bank Cycles
Per Second
|
Along Residence District
Boundaries
|
Along Business District
Boundaries
|
|---|---|---|
|
0 to 75
|
72
|
79
|
|
75 to 150
|
67
|
74
|
|
150 to 300
|
59
|
66
|
|
300 to 600
|
52
|
59
|
|
600 to 1,200
|
46
|
53
|
|
1,200 to 2,400
|
40
|
47
|
|
2,400 to 4,800
|
34
|
41
|
|
Over 4,800
|
32
|
39
|
J.
There shall be no emission of odorous gases or other odorous matter
in such quantities as to be offensive at any point on or beyond the
lot boundary line within which the operation is situated. Any process
which may involve the creation or emission of any odors shall be provided
with a secondary safeguard system, in order that control will be maintained
if the primary safeguard system should fail.
K.
No direct or reflected light or heat from any source within an industrial
district shall be detectable beyond the boundaries of the industrial
district if the light or heat is or may become an annoyance or interference
with the comfort or general well-being of the inhabitants of other
districts adjacent to the industrial district. This requirement shall
be considered to have been met if adequate buffer strips exist or
have been planted. All sources of lights in industrial districts will
be provided with opaque shades above them so that light from these
sources will not shine directly or diagonally upward but so that the
light will be dispersed horizontally and downward for the purpose
of minimizing reflected light from the clouds and dust particles in
the air during the night. This opaque shade requirement will also
apply to industrial operations such as furnaces, cutting torches,
etc., which produce light incidentally in the function of their primary
purpose which may be other than that of providing light.
L.
Machines or operations which cause vibration shall be permitted,
but in no case shall any such vibration be perceptible outside of
the limits of the lots.
M.
No activities shall be permitted which emit dangerous radioactivity
beyond closed areas. No electrical disturbances, except from domestic
household appliances, shall be permitted to affect adversely, at any
point, any equipment, other than that of the creator of such disturbance.
N.
Every use requiring power shall be so operated that any service lines,
substation etc., shall conform to the highest applicable safety requirements,
shall be constructed, installed, etc., so that they will be an integral
part of the architectural features of the plant, or if visible from
abutting residential properties, shall be concealed by evergreen planting
or screening with architectural materials common to the buildings.
O.
Cannabis
industries.
(1)
Specifically prohibited in all Zoning Districts with the exception
of specific uses in identified area on Attachment 1 within I-1, I-P
and HC-2 zones.
(2)
Minimum distance from school and day-care facilities including public
and private: 300 linear feet measured lot line to lot line.
(3)
Minimum distance from places of worship: 300 linear feet measured
lot line to lot line.
(4)
Maximum hours of dispensary and sales operation: 8:00 a.m. until
9:00 p.m., Monday through Saturday; 10:00 a.m. until 6:00 p.m. on
Sundays.
(5)
Drive-through facilities are not permitted.
(6)
The Land Use Board shall be satisfied that the off-tract and on-site
circulation, schedule for deliveries and shipping, and site ingress
and egress are adequate.
(7)
The dispensary and retail sales minimum lot width at the building
line shall be 100 feet and the minimum lot size shall be 20,000 square
feet. Minimum side and rear yard setbacks shall be 25 feet, five feet
of which shall be appropriately landscaped and buffered/screened.
Minimum front yard setback shall be 50 feet, 20 feet of which shall
be appropriately landscaped and buffered/screened.
(9)
An enhanced setback and buffer/screen shall be provided along existing
residential zone districts and residential uses. The minimum setback
shall be 50 feet. The buffer/screen width of 25 feet within the setback
shall include enhanced screening including fencing and additional
landscape buffering materials and designs as deemed appropriate by
the Land Use Board.
(10)
Off-street parking schedule: Off-street parking for medical
dispensary, for retail sales, warehousing, testing and distribution
facilities and all other related uses in this category shall be provided
in accordance with the Burlington City Zoning Code as deemed sufficient
by the Land Use Board Engineer.
(11)
A site management plan is required and shall address at a minimum
vehicle traffic control, methods and designs to prevent loitering
and promote public safety, and regular site maintenance.
(12)
Signage shall be permitted and regulated as a business sign
in accordance with the Burlington City Zoning Code. To the extent
that additional mandates or restrictions are contained in state or
federal laws or regulations, compliance with those mandates and restrictions
is required.
(13)
The security and surveillance system for the building and grounds,
including parking lots and common areas, are required to have in place
and fully operational state of the art security measures in conformance
with the measures required by the state licensure of the facility,
including twenty-four-hour on-site human surveillance shall be in
place as well as video camera recording of all noted areas, with the
video camera surveillance system having the capability to record the
activity on the building, grounds and common areas and the video retained
for a minimum period as required by state regulation. The security
system will be required to be in compliance with other safety and
security recommendations of the Police Department as may be incorporated
by the Land Use Board.
(14)
All facilities, processes, security systems, and dispensary/sales
must comply with New Jersey State Regulations and state mandates,
including all applicable licensure requirements for the cultivation,
distribution, sale and warehousing of such products.
(15)
The infrastructure of the building, including HVAC, air circulation,
and air recirculation is required to be in compliance with all state
mandates for cultivation, distribution and sales, as well as with
local Code and with the approval of the Land Use Board's professional
planning and engineering consultants. All techniques for the growing,
cultivation, manufacturing, testing, distribution processes, storage
and display of product in such facilities must comply with the state
mandates, including licensure requirements and applicable.
(16)
The submission and approval of a site plan is required as defined
by municipal code. The Land Use Board may require any and all expert
recommendations including police, fire and outside consultants, including
the Board's Engineer and Professional Planner.
(17)
All testing laboratories, manufacturing, warehousing, distribution facilities or other industrial uses for the cultivation, manufacturing, processing, packaging, testing, wholesale distribution/transportation (between warehouses and dispensaries in New Jersey) and the sale of cannabis and cannabis products through state-licensed dispensaries shall be subject to the performance standards set forth in § 207-86, Performance standards for industrial districts. All uses for the retail sale of cannabis and cannabis products through state-licensed dispensaries shall additionally be subject to the performance standards set forth in § 207-82 HC-2 (Highway Corridor District), § 207-83 (Industrial Park District), § 207-84 (Industrial District), § 207-84.1 (Outdoor displays), § 207-85 (Parking and loading), § 207-86 (Performance standards applicable to research laboratories, manufacturing or other industrial uses in all industrial districts), and, if located along the Route 130 Corridor, § 207-88 (Route 130 landscape corridor).
A.
A buffer yard is required where the following districts adjoin a
residential district. The buffer yard shall be parallel to and adjacent
with the district boundary and shall be completely covered with a
vegetative ground cover. These buffer yards shall be included in the
minimum yard dimensions required.
(1)
In the HC-1 and HC-2 Highway Commercial Districts and the I-1 Industrial
District, a buffer yard of not less than 20 feet shall be provided.
The ten-foot portion of the buffer yard nearest the residential district
shall be planted.
(2)
In the IP Industrial Park District, a buffer yard of not less than
40 feet in width shall be provided, except that in cases where the
height of any building situated on the subject lot exceeds 16 feet,
the minimum distance between the residence district boundary line
and such a building shall be not less than 2 1/2 times the height
of the building. The twenty-foot portion of the buffer yard nearest
the residence district shall be planted.
(3)
A sight- and sound-obscuring evergreen planting shall be placed the
full length of the boundary.
(4)
All plantings shall be at least five feet in height when planted
and shall reach a height of at least six feet at maturity.
(5)
All plantings and vegetative ground cover shall be maintained. Any
plant material which does not live shall be replaced within one year.
(6)
Buffer yards shall not be used for parking, loading, storage or structures.
All except side buffer yards of interior lots may be crossed by access
driveways and utility easements, provided such are not more than 25
feet in width at the point of intersection.
B.
Landscaping shall be provided as part of the overall site plan design
and integrated into building arrangements, topography, parking and
buffering requirements. Where the landscaping requirement conflicts
with or duplicates the buffer requirements, the buffer requirements
shall take precedence. Landscaping shall include coniferous and deciduous
trees, shrubs, ground cover, perennials, annuals, plants, sculpture,
art and the use of building and paving materials in an imaginative
manner.
(1)
In the HC-1 and HC-2 Highway Commercial Districts and the W-1 Waterfront
District a landscaped area of at least 10 feet in depth from the right-of-way
shall be provided and maintained. Along each side and rear property
line, a landscaped area at least five feet in width shall be provided
and maintained.
(2)
In the IP and I-1 Industrial Districts along each street line a landscaped
area of at least 25 feet in depth from the right-of-way shall be provided
and maintained. Along each side property line a landscaped area of
at least 10 feet in width shall be provided. Such landscaping area
shall extend from the street line along the portion of the lot which
is used for any purpose (building, parking or storage). Along each
rear property line a landscaped area at least 10 feet in depth shall
be established, provided that this requirement may be modified or
waived by the Land Use Board where the length and use of the lot,
and the nature of adjoining uses, makes this requirement not practicable
or not necessary to protect adjoining uses. All portions of the property
not utilized by buildings of paved surfaces shall be landscaped, utilizing
combinations such as landscaped fencing, shrubbery, lawn area, ground
cover, mounding, existing trees, in order to either maintain or reestablish
the tone of the vegetation in the area and lessen the visual impact
of the structures and paved area. The established grades on any site
shall be planned for both aesthetic and drainage purposes.
A.
Purpose:
(1)
To screen parking, offensive views and reduce noise perception beyond
the frontage of individual lots.
(2)
To create a harmonious visual design element along Route 130 utilizing
a combination of plant material, hedges, and man-made structures,
such as fences and walls, as necessary to achieve the desired effect.
B.
Design standards.
(1)
Improvements required within the Route 130 landscape corridor shall
be shown on all site plans fronting Route 130 and High Street. The
Route 130 landscape corridor shall extend from the City/Township easternmost
boundary to the City/Township westemmost boundary. The landscape corridor
along High Street shall extend between the north and south Route 130
travel lanes.
(2)
The minimum landscape corridor width shall be 25 feet and shall be
measured horizontally from the property line along Route 130 and High
Street. The design of the corridor shall consider the use and character
of the lot. In general, the more intense the use, the more effective
the screening quality of the design must be.
(3)
The Land Use Board may grant a variance from the required minimum
corridor width if, based upon exceptional narrowness, topography or
other natural features of the land or conditions and circumstances
beyond the reasonable control of the applicant or the property owner,
strict conformance would severely limit the reasonable use and development
of the property. Such variance may be granted only if the finally
approved plan satisfies, to the extent possible, the purpose and intent
corridor requirement.
(4)
No buildings, structures, storage of materials, parking areas, roads,
or drive aisles shall be permitted within the landscape corridor.
The corridor area shall be maintained and kept free of all debris,
rubbish, weeds and tall grass. Access driveways shall be permitted.
(5)
Landscape material shall be appropriate for the local region and
tolerant of site-specific conditions. A variety of deciduous and evergreen
plant material shall be utilized. The material selected must feature
varying, color, texture and habit.
(6)
The planting arrangement of material utilized shall avoid linear,
monocultural placement. Plant material shall feature complementary
combinations of various species, massed in mulched planting beds.
(7)
Planting details (general).
(a)
All landscape material shall be typical of their species. Quality
and size of plants, spread of roots and size of balls shall be in
accordance with ANSI Z60.I (current edition) American Standard for
Nursery Stock, as published by the American Association of Nurseryman
(AAN).
(b)
All shade trees shall have a minimum caliper of 2.5 inches based
on AAN standards.
(c)
All coniferous trees shall be a minimum height of six feet at
time of planting.
(d)
All ornamental trees shall be a minimum height of eight feet
at time of planting.
(e)
All shrubs shall have a minimum height of 2.5 feet at time of
planting.
(f)
All trees to be installed shall be balled and burlapped in accordance
with AAN standards.
(g)
All trees and landscape beds shall be mulched to a depth of
three inches.
(h)
Branching height of deciduous trees shall bear a relationship
to the size and species of the tree but shall have a minimum clearance
height of seven feet above grade before branching begins.
(8)
The landscape corridor shall require an intensive landscape treatment.
A linear row of trees on the street edge is recommended to be continuous
along the property and the Route 130 corridor. The plant quantities
constituting the landscape corridor shall include:
(a)
Shrubs averaging 25 per 100 linear feet of frontage.
(b)
Ornamental trees averaging two per 100 linear feet of frontage.
(c)
Evergreen trees averaging three per 100 linear feet of frontage.
(d)
As stated above, street trees shall be proposed continuously
along the Route 130 corridor property frontage.
(9)
Plant material utilized adjacent to vehicular and pedestrian access
shall be selected and arranged to provide a clear site triangle. The
property owner is responsible for the maintenance of the landscaping
near the sight triangle and to insure that the sight triangle is not
blocked as the landscaping grows.
(10)
A minimum of one tree for each eight parking spaces is required
in all parking lots servicing Route 130 developments. This requirement
is in addition to the requirement for street trees within the landscape
corridor.
Nonconforming uses and buildings are declared to be incompatible
with the uses and buildings permitted. It is the intent of this chapter
to permit nonconformities to continue until they are removed or ceased
but not to encourage their survival. It is further the intent of this
chapter that nonconformities shall not be enlarged upon, expanded
or extended, nor be used as grounds for adding other structures or
uses prohibited elsewhere in the same district. If no structural alterations
are made, a nonconforming use of a building may be changed to another
nonconforming use of the same or more restrictive classification,
providing there is no difference in the quality of character of the
uses, in the degree or intensity of use, and that there is no difference
in the effect on the neighborhood which results from the change in
use.
A.
Continuance. Any nonconforming use or structure existing at the time
of the passage of this chapter may be continued upon the plot or in
the structure so occupied or used, and any such structure may be restored
or repaired in the event of partial destruction thereof, the City
retaining, however, all its rights and remedies with respect to nonconforming
uses as provided in the Revised Statutes of the State of New Jersey.
(1)
If active and continuous operations are not carried on with respect
to a nonconforming use during a continuous period of six months, or
for 18 months during a three-year period, for any reason, except where
government action impedes access to the premises and there is an intention
to abandon such nonconforming use, the building or land where such
nonconforming use previously existed shall thereafter be occupied
and used only for a conforming use. Intention to abandon shall be
evidenced by occupancy for another use, market for another use, etc.
(2)
Normal maintenance and repair, structural alteration in, and moving
reconstruction or enlargement of a building which does not house a
nonconforming use, but is nonconforming as to the district regulations
as set forth in each zoning district, is permitted if the same does
not increase the degree of or create any new nonconformity with such
regulations in such building.
B.
Conditional uses. Any use which is permitted as a conditional use
in a district under the terms of this chapter shall not be deemed
a nonconforming use in such district.
A.
General regulations for all districts. The approval of a conditional
use is a determination by the reviewing board that a use permitted
within a zone, if certain conditions are met, is a permitted use of
applicant's property. Approval of the application grants to the applicant
the right to utilize his/her property in the fashion set forth within
his/her approval and in this connection to receive, upon request,
a building permit and certificate of occupancy, provided that other
conditions for their issuance, not addressed by this chapter, are
met. The reviewing board shall utilize the following standards in
its review of applications for approval of conditional uses:
(1)
That the use will not injure or detract from the use of neighboring
property;
(2)
That the use will not detract from the character of the neighborhood;
(3)
That the use of property adjacent to the area included in the plan
is adequately safeguarded;
(4)
That the property is suitable for the intended use;
(5)
That the use will serve the best interests of the City;
(6)
That the use will not adversely affect public sewers and facilities
such as water, sewer, police and fire protection;
(7)
That the use will not adversely affect the drainage facilities in
the adjacent neighborhoods;
(8)
That the proposed use will serve a community need or convenience;
(9)
That the project is designed according to a pattern and under conditions
which would encourage only the most desirable type of development,
recognizing that the architectural quality and character of certain
neighborhoods shall serve, protect and enhance the best interest of
health, safety and general welfare of the City;
(10)
That the proposed use shall exert no detrimental effect upon
surrounding areas because of poor arrangement, parking and moving
of vehicles, impairment of light or circulation of air and destruction
of neighborhood character;
(11)
That the proposed use shall constitute no hazard to the general
health or safety nor impairment of the extent or operation of municipal
service.
B.
OS-1 District, Burlington Island. In addition to meeting the general
conditions described above, the following conditions must be specifically
met for uses on Burlington Island:
(1)
That the use of the property will adequately protect the water supply
and water quality resources;
(2)
That the use of the property will conform to and be consistent with
the New Jersey Department of Environmental Protection's Coastal Zone
Management Policies, N.J.A.C. 7:7E-1.1 et seq.
(3)
That the use of the property will take into account and preserve
the unique natural character of the island to the maximum extent feasible;
(4)
That the use of the property will develop in conjunction with recreational
facilities available for public use.
C.
Child and family day-care centers. Child and family day-care centers
may be authorized by the Land Use Board as a conditional use as shown
on Attachments 3, 4, and 5 and provided the following standards are
met:
(1)
The use will not adversely affect the safe flow of traffic; that
adequate roadway accesses are provided to protect roadways from undue
congestion and hazards; that the circulation pattern is such as to
protect the persons using the facility.
(2)
Additional parking may be required by the Land Use Board if analysis
of the proposed type of operation and number of employees and visitors
involved indicates the need.
(3)
Separate vehicle stacking areas for dropoff and pickup shall be required.
(4)
Outdoor recreation areas located near hazardous areas, as determined
by the Land Use Board, shall be required to be fenced or otherwise
protected, and all outdoor recreation areas may be required to be
fenced.
(5)
The number of occupants or students attending the center shall be
determined in accordance with the criteria of the Division of Human
Services based on the amount and type of facilities available for
use.
(6)
The standards specified in this section are likewise met.
(7)
A landscape buffer shall be provided when a parking area abuts a
residential property. The buffer yard shall be not less than 20 feet
in width, and the ten-foot portion of the buffer yard nearest the
residential use shall be planted with sight and sound-obscuring evergreen
plantings.
D.
Automobile and boat filling and service stations. Automobile and
boat filling stations and service stations may be authorized by the
Land Use Board as a conditional use as shown on Attachments 3, 4,
and 5 and provided the following standards are met:
(1)
In addition to the information required on the site plan, the plan
shall show the number and location of fuel tanks to be installed,
the dimensions and capacity of each storage tank, the depth the tanks
will be placed below the ground, the number and location of pumps
and dispensers to be installed, the type of structure and accessory
buildings to be constructed and the number of automobiles which are
to be garaged.
(2)
Any repair of motor vehicles shall be performed in a fully enclosed
building. No motor vehicle parts or partially dismantled motor vehicles,
supplies, trash or waste materials shall be stored outside of any
enclosed building or storage area.
(3)
A maximum of two motor vehicles per repair bay awaiting service or
repair may be maintained outside of a closed roof building for a period
of time not to exceed 48 hours. Additional out-of-doors storage of
vehicles for repair shall be in an area surrounded by a six-foot-high
sight-obscuring fence maintained in good condition. A six-foot-high
planted evergreen screen may be substituted for the fence. Fencing
shall not be extended beyond the front of the principal building on
the site.
(4)
An outdoor display of the accessory goods for sale may be erected
on the pump or dispenser island and on the building island only. The
outdoor display of such items shall be within a suitable metal rack
or stand expressly for that purpose.
(5)
The entire area of the site traveled by motor vehicles shall be hard-surfaced.
(6)
Not more than two vending machines, whether or not coin-operated,
shall be located outside the principal building, and any such machines
shall be subject to the yard requirements of the zone in which they
are located.
(7)
The design of any building in connection with such facilities shall
conform to the general character of the area and will not adversely
affect the safe, comfortable enjoyment of property rights of the zone
in which it is located. Adequate and attractive fences, buffers and
other safety and aesthetic devices will be provided. Sufficient landscaping,
including shrubs, trees and lawns, are provided and will be periodically
maintained. Adequate off-street parking will be provided, and all
of the area, yard and building coverage requirements of the respective
zone will be met.
(8)
All fuel pumps will be located at least 25 feet from any street or
property line.
(9)
No service or filling station shall be situated on a lot within a
distance of 200 feet from the nearest point of any lot upon which
is located a school, church, hospital, sanitarium, funeral home, theater,
public library, fire house or any place of public assembly, nor within
400 feet from the nearest point of any lot upon which is situated
an existing motor vehicle service or filling station.
(10)
Any outdoor storage of waste materials or supplies shall be
in a shielded location but suitable for containerized collection and
within an area screened adjacent to the building or fence to a height
of not less than six feet. The area of such enclosure shall not exceed
120 square feet.
(11)
No automobile or boat service or filling station shall display
for sale, rental or storage any motor vehicle or utility trailer or
van or truck.
(12)
No vehicle entrance to or exit from any service or filling station
shall be located within 50 feet of any residential district boundary
line. All driveways, entrance or exit, to or from any filling station
or public garage shall have unobstructed width of 25 feet.
(13)
All facilities used in connection with said business shall be
located entirely upon private property, and no facilities shall be
installed for the servicing of any cars while said cars are located
on the right-of-way or a public street.
(14)
The design of the site shall be such that four vehicles per
pump can be accommodated on site while awaiting entry to the facility.
E.
Major automobile service and repair shops and public garages. Major
automobile service and repair shops and public garages may be authorized
by the Land Use Board as a conditional use as shown on Attachments
3, 4, and 5 and provided the following standards are met:
(1)
The design of any building in connection with such facilities conforms
to the general character of the area and will not adversely affect
the safe, comfortable enjoyment of property rights of the zone in
which it is located.
(2)
The entire area of the site for the travel or parking of motor vehicles
will be hard-surfaced.
(3)
Any repair of motor vehicles will be performed in a fully enclosed
building. No motor vehicle will be offered for sale on the site, and
no motor vehicle parts or partially dismantled motor vehicles, supplies,
trash or waste materials shall be stored outside of any enclosed area.
(4)
Any outdoor storage of waste materials or supplies shall be in a
shielded location but suitable for containerized collection and within
an area screened adjacent to the building or fenced to a height of
not less than six feet.
(5)
Adequate and attractive fences and other safety devices will be provided.
(6)
Sufficient landscaping, including shrubs, trees and lawn are provided
and will be periodically maintained.
(7)
Adequate off-street parking will be provided.
(8)
All of the area, yard and building coverage requirements of the restrictive
zone will be met.
(9)
No motor vehicles shall be parked on the premises and remain standing
thereon for more than 14 consecutive days. For purposes of this section,
the term "motor vehicle" shall include partially dismantled motor
vehicles or any group of motor vehicle parts as well as motor vehicles
in apparently operable condition. Noncompliance with the provisions
of this section shall be just cause for the revocation of the permit
required by this section and of the certificate of occupancy.
(10)
No service or repair shop or public garage shall be situated
on a lot within a distance of 200 feet from the nearest point of any
lot upon which is located a school, church, hospital, sanitarium,
funeral home, theater, public library, fire house or any place of
public assembly.
(11)
No vehicular entrance to or exit from any body shop or public
garage shall be located within 50 feet of any residential district
boundary line. All driveways, entrance or exit, to or from any body
shop or public garage shall have unobstructed width of 25 feet.
(12)
All facilities used in connection with said business shall be
located entirely upon private property, and no facilities shall be
installed for the servicing of any cars while said cars are located
on the right-of-way or a public street.
(13)
No public garages or service or repair shops shall have any
openings in the side or rear walls or roof within 10 feet of any lot
line.
(14)
All major automobile repair work shall be done inside the buildings.
Two vehicles per repair bay may be stored out of doors in an unfenced
area; however, additional out-of-doors storage of vehicles for repair
shall be in an area surrounded by a six-foot-high sight-obscuring
fence maintained in good condition. A six-foot-high planted evergreen
screen may be substituted for the fence. Fencing shall not extend
beyond the front of the principal building on the site.
F.
Car care and wash centers. Car care and wash centers may be authorized
by the Land Use Board as a conditional use as shown on Attachments
3, 4, and 5 and provided the following standards are met:
(1)
That the site plan indicates the complete system for the handling
of water and other wastes and that the same meet the standards and
specifications of the City and higher levels of government. That the
entire area of the site to be travelled by motor vehicles will be
hard-surfaced.
(2)
That the design of the use will be such that a minimum of 10 cars
may be held on the site while awaiting entry to the facility and four
cars may be held on the site while awaiting exit from the facility.
(3)
That no vehicles shall be permitted to be standing or parked on the
premises other than those used by employees and the direct or indirect
operation of the establishment and those used by awaiting the service
offered by the establishment.
(4)
Not more than two vending machines, whether or not coin-operated,
shall be located outside the principal building and any such machines
shall be subject to yard requirements of the zone in which they are
located.
(5)
Any outdoor storage of waste material or supplies shall be in a shielded
location but suitable for containerized collection and within an area
screened adjacent to the building or fenced to a height of not less
than six feet.
(6)
No waste material whatsoever shall be discharged into any watercourse
except in accordance with existing state and local requirements and
regulations. All water runoff shall be contained on the site.
G.
New or used automobile and boat dealerships. New or used car and
boat dealerships may be authorized by the Land Use Board as a conditional
use as shown on Attachments 3, 4, and 5 and provided the following
standards are met:
(1)
Automobiles and boats for sale may be displayed out of doors within
areas which meet all of the general requirements, including setback
from property lines for parking areas.
(2)
Any outdoor storage of waste materials or supplies shall be in a
shielded location but suitable for containerized collection, and within
an area screened or fenced to a height of not less than six feet.
The area of such enclosure shall not exceed 110 square feet and shall
not be closer than 25 feet to another lot which is within a residential
zone or a street line which is across the street from a residential
zone.
(3)
The entire area of the site for the travel or parking of automobiles
and boats will be covered by an all-weather, hard surface.
(4)
Repair of vehicles and boats will be performed in a fully enclosed
building and no parts or partially dismantled or inoperative vehicles,
boats or motors will be stored outside of an enclosed building.
(5)
Automobiles and boats displayed on the lot and for sale shall be governed by the requirements of § 207-84.1.
(6)
Automobile and boat dealerships shall have indoor display areas for
a minimum of three automobiles or boats.
H.
Sexually oriented businesses. Sexually oriented businesses may be
authorized by the Land Use Board as a conditional use as shown on
Attachments 3, 4, and 5 and provided the following standards are met:
(1)
No building, premises, structure or other facility that contains
any sexually oriented business shall contain any other kind of sexually
oriented business. No building, premises, structure or other facility
in which sexually oriented devices are sold, distributed, exhibited
or contained shall contain any sexually oriented business.
(2)
No sexually oriented business shall be situated on a lot within a
distance of 1,000 feet from the nearest point of any lot upon which
is situated: 1) a church or place of religious worship; 2) a public
or private elementary or secondary school; 3) a child-care facility;
4) a public park; 5) another sexually oriented business; 6) a residential
district or residential lot.
(3)
No signs shall be erected which include pictorial displays of nudity
or erotic material or contain words or language offensive to community
standards.
(4)
No sexually oriented products or erotic materials available for sale
shall be visible from the exterior of the building.
(5)
The entire area of the site traveled by motor vehicles shall be hard-surfaced.
(6)
The design of any building shall conform to the general character
of the area and will not adversely affect the safe, comfortable enjoyment
of property rights of the zone in which it is located. Adequate and
attractive fences, buffers and other safety and aesthetic devices
will be provided. Sufficient landscaping, including shrubs, trees
and lawns, shall be provided and maintained. Adequate off-street parking
will be provided, and all of the areas, yard and building coverage
requirements of the respective zone shall be met.
(7)
Sexually oriented businesses shall be situated on the site in a manner
that ingress and egress, signage and building entrances are directed
toward the highway (Route 130) frontage of the property.
I.
Church, temple or other place of worship, parish house, Sunday school,
rectory, parsonage or convent. A church, temple or other place of
worship, parish house, Sunday school, rectory, parsonage or convent
may be authorized by the Land Use Board as a conditional use as shown
on Attachments 3, 4, and 5 and provided the following standards are
met:
(1)
Site plan. A site plan is required to be filed by the applicant with
any conditional use application for a church, temple or other place
of worship, parish house, Sunday school, rectory, parsonage or convent.
The following shall be included in the site plan:
(a)
Area, yard, bulk and setback minimum requirements:
[2]
Setback for any parking area shall be 10 feet; however, no parking
shall be allowed between any street bordering the lot and the building
line or lines.
[3]
Minimum lot area: 30,000 square feet.
[4]
Minimum lot width: 150 feet.
[5]
Minimum lot depth: 200 feet.
[6]
No building shall exceed 35 feet in height.
(b)
Buffers.
[1]
Minimum landscape buffer from any side or rear property line
shall be 10 feet. A sight and sound evergreen planting shall be placed
the full length of the property line. All planting shall be a minimum
of six feet in height at the time of planting.
[2]
Buffers shall not be used for parking, loading, storage or structures.
[3]
The buffer yard may be crossed by access driveways and utility
easements provided such are not more than 25 feet wide at the point
of intersection.
(c)
Parking. One space for every three seats in the main assembly
unit shall be provided.
(d)
Lot coverage. Not more than 35% of the area of any lot may be
occupied by buildings, and not more than 70% of any lot may be occupied
by buildings, paving or other impervious surfaces. Maximum site coverage
by all impervious surfaces is 67%.
(e)
Miscellaneous requirements.
[1]
All on-site parking requirements shall be provided for and occur
behind or to the side of all buildings. No parking shall be allowed
between any street bordering the lot and the building line or lines.
[2]
All on-site parking shall be separated from adjoining lots by
at least a ten-foot-wide landscaped area along all property lines
which abut lots which are totally or partially located within the
R-1, R-2 and R-3 Zones. This buffer area shall be provided with a
permanent landscape screen of evergreen trees and shrubs, deciduous
screening materials and deciduous trees. Fencing may also be used
for this screen with a maximum height of six feet. Landscape plans
shall include a minimum of 60% evergreen material. The minimum height
of material at the time of planting shall be three feet for shrubs
and six feet for evergreen trees, and deciduous trees shall have a
caliper of at least 2 1/2 inches measured four feet above the
ground.
[3]
Side yard parking must not be closer to the front property line
than the front wall of the existing or proposed primary structure.
Such parking must be screened from the street using walls, fence,
permanent evergreen landscaping or a combination thereof.
[4]
Except when adjoining property owners cooperate by providing interconnected parking lots, all parking areas shall be 10 feet from property lines other than those referred to in Subsection I(1)(e)[2] above. The ten-foot area shall be landscaped to provide visual relief across adjoining parking areas but is not designed to provide total screening as is required against residential properties.
[5]
At least one four-inch caliper shade tree shall be provided
for every eight parking spaces or part thereof and shall be so located
as to provide shade for those parking spaces. Existing trees four
inches or greater in caliper may be substituted for required trees.
J.
Age restricted/disabled and affordable accessory apartments. Age
restricted/disabled and affordable accessory apartments may be authorized
by the Land Use Board as a conditional use as shown on Attachments
3, 4, and 5 and provided the following standards are met:
(1)
The owner of the single-family residence shall reside on the premises.
K.
Cannabis cultivation facility, cannabis product manufacturing facility,
cannabis wholesaler, cannabis distributor, cannabis delivery service,
cannabis testing facility, and cannabis retailer establishments engaged
in the: cultivation, manufacturing, processing, and packaging, testing,
wholesale distribution/transportation (between warehouses and dispensaries
in New Jersey); and the sale of cannabis and cannabis products through
state-licensed medical dispensaries may be authorized by the Land
Use Board as a conditional use as shown on Attachments 3, 4, and 5
and provided the following standards are met:
[Added 2-2-2021 by Ord.
No. 02-2021; amended 7-13-2021 by Ord. No. 17-2021]
(1)
Specifically
prohibited in all Zoning Districts with the exception of specific
uses in identified area on Attachment 1 within I-1, I-P and HC-2 zones.
(2)
Minimum distance from school and day-care facilities including public
and private: 300 linear feet measured lot line to lot line.
(3)
Minimum distance from places of worship: 300 linear feet measured
lot line to lot line.
(4)
Maximum hours of dispensary and sales operation: 8:00 a.m. until
9:00 p.m., Monday through Saturday; 10:00 a.m. until 6:00 p.m. on
Sundays.
(5)
Drive-through facilities are not permitted.
(6)
The Land Use Board shall be satisfied that the off-tract and on-site
circulation, schedule for deliveries and shipping, and site ingress
and egress are adequate.
(7)
The dispensary and retail sales minimum lot width at the building
line shall be 100 feet and the minimum lot size shall be 20,000 square
feet. Minimum side and rear yard setbacks shall be 25 feet, five feet
of which shall be appropriately landscaped and buffered/screened.
Minimum front yard setback shall be 50 feet, 20 feet of which shall
be appropriately landscaped and buffered/screened.
(9)
An enhanced setback and buffer/screen shall be provided along existing
residential zone districts and residential uses. The minimum setback
shall be 50 feet. The buffer/screen width of 25 feet within the setback
shall include enhanced screening including fencing and additional
landscape buffering materials and designs as deemed appropriate by
the Land Use Board.
(10)
Off-street parking schedule: Off-street parking for medical
dispensary, for retail sales, warehousing, testing and distribution
facilities and all other related uses in this category shall be provided
in accordance with the Burlington City Zoning Code as deemed sufficient
by the Land Use Board Engineer.
(11)
A site management plan is required and shall address at a minimum
vehicle traffic control, methods and designs to prevent loitering
and promote public safety, and regular site maintenance.
(12)
Signage shall be permitted and regulated as a business sign
in accordance with the Burlington City Zoning Code. To the extent
that additional mandates or restrictions are contained in state or
federal laws or regulations, compliance with those mandates and restrictions
is required.
(13)
The security and surveillance system for the exterior of the
building and grounds, including parking lots and common areas, interior
areas of the building including any retail selling area and any area
used for storage of cannabis-related products, are required to have
in place and fully operational state of the art security measures
in conformance with the measures required by the state licensure of
the facility, including twenty-four-hour on-site human surveillance
shall be in place as well as video camera recording of all noted areas,
with the video camera surveillance system having the capability to
record the activity on the building, grounds and common areas and
the video retained for a minimum period as required by state regulation.
The security system will be required to be in compliance with other
safety and security recommendations of the Police Department as may
be incorporated by the Land Use Board. The security and surveillance
system must be accessible to law enforcement personnel upon request
for either a live feed or previously captured recorded images.
(14)
All facilities, processes, security systems, and dispensary/sales
must comply with New Jersey State Regulations and state mandates,
including all applicable licensure requirements for the cultivation,
distribution, sale and warehousing of such products.
(15)
The infrastructure of the building, including HVAC, air circulation,
and air recirculation is required to be in compliance with all state
mandates for cultivation, distribution and sales, as well as with
local Code and with the approval of the Land Use Board's professional
planning and engineering consultants. All techniques for the growing,
cultivation, manufacturing, testing, distribution processes, storage
and display of product in such facilities must comply with the state
mandates, including licensure requirements and applicable.
(16)
The submission and approval of a site plan is required as defined
by municipal code. The Land Use Board may require any and all expert
recommendations including police, fire and outside consultants, including
the Board's Engineer and Professional Planner.
(17)
All testing laboratories, manufacturing, warehousing, distribution facilities or other industrial uses for the cultivation, manufacturing, processing, packaging, testing, wholesale distribution/transportation (between warehouses and dispensaries in New Jersey) and the sale of cannabis and cannabis products through state-licensed dispensaries shall be subject to the performance standards set forth in § 207-86, Performance standards for industrial districts. All uses for the retail sale of cannabis and cannabis products through state-licensed dispensaries shall additionally be subject to the performance standards set forth in § 207-82 HC-2 (Highway Corridor District), § 207-83 (Industrial Park District), § 207-84 (Industrial District), § 207-84.1 (Outdoor displays), § 207-85 (Parking and loading), § 207-86 (Performance standards applicable to research laboratories, manufacturing or other industrial uses in all industrial districts), and, if located along the Route 130 Corridor, § 207-88 (Route 130 landscape corridor).
L.
Cannabis retailer establishments engaged in the retail sale of cannabis
and cannabis products through state-licensed retail operations may
be authorized by the Land Use Board as a conditional use as shown
on Attachments 3, 4, and 5 and provided the following standards are
met:
[Added 2-2-2021 by Ord.
No. 02-2021; amended 7-13-2021 by Ord. No. 17-2021]
(1)
Specifically prohibited in all Zoning Districts with the exception
of specific uses in identified area on Attachment 1 within I-1, I-P
and HC-2 zones.
(2)
Minimum distance from school and day-care facilities including public
and private: 300 linear feet measured lot line to lot line.
(3)
Minimum distance from places of worship: 300 linear feet measured
lot line to lot line.
(4)
Maximum hours of dispensary and sales operation: 8:00 a.m. until
9:00 p.m., Monday through Saturday; 10:00 a.m. until 6:00 p.m. on
Sundays.
(5)
Drive-through facilities are not permitted.
(6)
The Land Use Board shall be satisfied that the off-tract and on-site
circulation, schedule for deliveries and shipping, and site ingress
and egress are adequate.
(7)
The dispensary and retail sales minimum lot width at the building
line shall be 100 feet and the minimum lot size shall be 20,000 square
feet. Minimum side and rear yard setbacks shall be 25 feet, five feet
of which shall be appropriately landscaped and buffered/screened.
Minimum front yard setback shall be 50 feet, 20 feet of which shall
be appropriately landscaped and buffered/screened.
(9)
An enhanced setback and buffer/screen shall be provided along existing
residential zone districts and residential uses. The minimum setback
shall be 50 feet. The buffer/screen width of 25 feet within the setback
shall include enhanced screening including fencing and additional
landscape buffering materials and designs as deemed appropriate by
the Land Use Board.
(10)
Off-street parking schedule: Off-street parking for medical
dispensary, for retail sales, warehousing, testing and distribution
facilities and all other related uses in this category shall be provided
in accordance with the Burlington City Zoning Code as deemed sufficient
by the Land Use Board Engineer.
(11)
A site management plan is required and shall address at a minimum
vehicle traffic control, methods and designs to prevent loitering
and promote public safety, and regular site maintenance.
(12)
Signage shall be permitted and regulated as a business sign
in accordance with the Burlington City Zoning Code. To the extent
that additional mandates or restrictions are contained in state or
federal laws or regulations, compliance with those mandates and restrictions
is required.
(13)
The security and surveillance system for the building and grounds,
including parking lots and common areas, are required to have in place
and fully operational state of the art security measures in conformance
with the measures required by the state licensure of the facility,
including twenty-four-hour on-site human surveillance shall be in
place as well as video camera recording of all noted areas, with the
video camera surveillance system having the capability to record the
activity on the building, grounds and common areas and the video retained
for a minimum period as required by state regulation. The security
system will be required to be in compliance with other safety and
security recommendations of the Police Department as may be incorporated
by the Land Use Board.
(14)
All facilities, processes, security systems, and dispensary/sales
must comply with New Jersey State Regulations and state mandates,
including all applicable licensure requirements for the cultivation,
distribution, sale and warehousing of such products.
(15)
The infrastructure of the building, including HVAC, air circulation,
and air recirculation is required to be in compliance with all state
mandates for cultivation, distribution and sales, as well as with
local Code and with the approval of the Land Use Board's professional
planning and engineering consultants. All techniques for the growing,
cultivation, manufacturing, testing, distribution processes, storage
and display of product in such facilities must comply with the state
mandates, including licensure requirements and applicable.
(16)
The submission and approval of a site plan is required as defined
by municipal code. The Land Use Board may require any and all expert
recommendations including police, fire and outside consultants, including
the Board's Engineer and Professional Planner.
(17)
All testing laboratories, manufacturing, warehousing, distribution facilities or other industrial uses for the cultivation, manufacturing, processing, packaging, testing, wholesale distribution/transportation (between warehouses and dispensaries in New Jersey) and the sale of cannabis and cannabis products through state-licensed dispensaries shall be subject to the performance standards set forth in § 207-86, Performance standards for industrial districts. All uses for the retail sale of cannabis and cannabis products through state-licensed dispensaries shall additionally be subject to the performance standards set forth in § 207-82 HC-2 (Highway Corridor District), § 207-83 (Industrial Park District), § 207-84 (Industrial District), § 207-84.1 (Outdoor displays), § 207-85 (Parking and loading), § 207-86 (Performance standards applicable to research laboratories, manufacturing or other industrial uses in all industrial districts), and, if located along the Route 130 Corridor, § 207-88 (Route 130 landscape corridor).
A.
Zoning Officer. The duty of administering and enforcing the provisions
of this chapter is conferred upon the Construction Official or Zoning
Officer, who shall have such powers as are conferred upon him/her
by this revision and as reasonably may be implied.
B.
Building permits. All new construction shall require a building permit.
The issuance of the building permit shall be in compliance with the
Uniform Construction Code, N.J.A.C. 5:23.
C.
Nonconforming conditions or construction prohibited. The zoning officer
may revoke any zoning or other permit issued if it is determined that
the actual conditions or construction does not adhere to the plans,
specifications, terms and conditions or approvals upon which the construction
permit was issued or if there exist any violations of any applicable
municipal or state regulations as to the property for which the permit
was issued.
[Added 7-2-2019 by Ord.
No. 11-2019[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
C as Subsection D.
D.
Fees. The fees for building permits shall be in accordance with the
schedule set forth in the Uniform Construction Code.
A.
No land shall be occupied or used and no building hereafter erected
or altered shall be occupied or used, in whole or in part, for any
purpose whatsoever until a certificate of occupancy shall have been
issued by the Construction Official stating that the building or the
location of the land complies with all provisions of this chapter
or any other ordinance of the City.
B.
No change or extension of use and no alteration of use of land or
buildings shall be made in a nonconforming use of premises without
a certificate of occupancy having first been issued by the Construction
Official that such change, extension or alteration is in conformity
with the provisions of this chapter or any other ordinance.
C.
Nonconforming conditions or construction prohibited. The Zoning Officer
may revoke a certificate of occupancy issued in the event that the
Zoning Officer determines any of the following:
[Added 7-2-2019 by Ord.
No. 11-2019]
(1)
That any building or structure has been or will be erected, constructed,
reconstructed, altered, enlarged, moved or converted (including into
a multiunit use);
(2)
That any building, structure or land is being used in violation of,
or contrary to, the provisions of this chapter; or
(3)
That any building, structure or land is used in violation of, or
contrary to, any approved site plan or subdivision, including any
conditions made for approval of the site plan or subdivision plan.
D.
It shall be unlawful to convert any single-unit dwelling into a two-or-more-unit
dwelling or to modify a structure to add or include an accessory apartment
or to otherwise modify a structure so as to increase the number of
dwelling units in any structure without approval from the Land Use
Board.
[Added 7-2-2019 by Ord.
No. 11-2019]
E.
Pursuant to the provisions of this section, no certificate of occupancy shall be issued by the City until an inspection is conducted by the Zoning Officer or Construction Official confirming that any and all single trash containers and/or recycling carts issued pursuant to Chapter 300 of the City Code are still present at the property.
[Added 9-20-2022 by Ord. No. 19-2022]
