Township of Irvington, NJ Limited and Conditional Uses

Common driveways on adjoining properties are permitted.

No loading dock or platform shall face a street unless said dock or platform is at least 50 feet from the property line; provided, however, that no loading dock or platform shall face 40th Street or Chancellor Avenue.

All spaces provided for standing, loading and unloading services shall be subject to the approval of the Town Engineer and Director of Public Safety.

[Amended 1-12-2016 by Ord. No. MC 3562]

Off-street parking facilities.

Industrial use. There shall be a minimum of one parking space for each 1,000 square feet or fraction thereof of floor area devoted to an industrial use.

Restaurant use. There shall be a minimum of one parking space for each 200 square feet or fraction thereof of floor area devoted to restaurant use.

Banking and office uses. There shall be a minimum of one parking space for each 400 square feet or fraction thereof of floor area devoted to banking and office use.

All parking areas shall provide service aisles in accordance with the following minimum standards:

	Type of Parking	Minimum Aisle Width (feet)
	Parallel	10
	30-degree angle	11
	45-degree angle	13
	60-degree angle	18
	90-degree angle	20

Signs.

No sign shall be erected, reerected, constructed, altered, painted on a wall or mounted except as permitted herein and a permit for the same having been issued by the Building Inspector.

Signs shall be permitted only in connection with a business lawfully conducted upon the premises, except temporary signs of a civic, political, religious, philanthropic or commemorative nature and institutional flags. Only the following types of signs shall be permitted: ground signs, pole signs, projecting signs, wall signs and temporary signs. The following signs shall be prohibited: roof signs, marquee signs, billboards, strings of pennants, advertising flags and any modifications thereof.

Pole signs and projecting signs shall be prohibited on lots facing 40th Street.

Signs shall be permitted to the extent of 1 1/2 square feet for each foot of width of the front elevation of the building but need not be less than 40 square feet, but the total gross area of all signs on the premises shall not exceed 150 square feet. Projecting signs shall not exceed four square feet in area.

The direct source of light of an illuminated sign shall be shielded in such a manner that it is not visible from the street or any adjacent residential property.

(6)

No sign shall be erected nearer to any street or road than 1/2 the setback distance required for the principal building.

(7)

A temporary sign shall not exceed 15 square feet in area. A temporary sign shall be removed within 24 hours after its purpose has been met.

(8)

In the interpretation of the area of signs, the size shall be the display surface available for advertising, including decorative trim, or, in a case of individual box letters, the box dimensions encompassing all the letters, including decorative trim.

(9)

No part of a ground sign shall exceed a height of 14 feet above the ground.

(10)

No projecting sign shall extend outward more than 18 inches from the exterior wall surface of the building or supporting structure. Such signs shall have a clear space of not less than 10 feet between all parts of the sign and the ground.

(11)

No rotating beacon or flashing color beacon shall be permitted on any pole, building or sign. Colored lights similar to those used in traffic control are prohibited within 150 feet of any traffic signal light.

Landscaping.

All that area of the lot not used for walks, driveways or off-street parking shall be devoted to the planting of grass, trees, shrubs, flowers and ornamental plants.

The integrity of the planting plan shall be preserved by the maintenance or replacement of planting by the owner or occupant.

There shall be a minimum of one tree and five deciduous or evergreen shrubs for each 7,000 square feet of lot area.

Buffering and screening.

Whenever buffering and screening shall be required by this chapter or by the Planning Board or Zoning Board of Adjustment, the screen shall meet the following minimum requirements:

All planted screens shall consist of a strip not less than four feet wide, densely planted (or having equivalent natural growth) with shrubs or evergreens not less than four feet high at the time of planting, and of a type that will form a year-round screen not less than six feet in height within three years from the date of planting.

(b)

Evergreens or conifers shall be used in screen planting. No deciduous screening shall be used.

(c)

Screen shall be maintained in good condition at all times.

(d)

There shall be no encroachment of any kind into the buffering or screening area.

The integrity of buffering and screening shall be preserved by the maintenance and replacement of buffering and screening, and such maintenance and replacement shall be a condition of approval by the Planning Board or Zoning Board of Adjustment.

Sidewalks.

Sidewalks shall be required along 40th Street and Chancellor Avenue.

§ 650-38 Adult entertainment establishment.

Adult entertainment establishments, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

No adult entertainment establishment shall be located within 500 feet of another such use, nor within 500 feet of a residential use, residential zoning district boundary, school, place of worship, hospital, philanthropic or eleemosynary institution, park, or playground.

The building in which the use is housed shall be designed and built so as to contain any noise-generating activities within the building. All interior spaces shall be sufficiently sound-insulated. Sounds emanating from such uses shall not be audible beyond the property line.

All entertainment shall be conducted within fully enclosed buildings. With the exception of parking, no outdoor activity of any kind shall be permitted in conjunction with such a use.

The lot upon which an adult entertainment establishment is located shall have a minimum size of 15,000 square feet.

Landscaped areas and buffer strips shall be provided as follows:

A minimum landscaped area 10 feet wide shall be provided and maintained along all property lines abutting public streets, except where curb cuts are permitted.

Where such use abuts another property, a landscaped buffer strip with a minimum width of 15 feet shall be provided and maintained.

All buffer strips abutting adjacent properties shall be planted with evergreen trees, shrubs, or hedges with a minimum height of six feet and shall have opaque fencing with a minimum height of six feet. Where a buffer strip is located along a side property line, it shall extend all the way from the front to the back property line, except that the required fence may terminate 10 feet back from the front property line.

All landscaped areas and buffer strips shall be attractively planted, and all landscaping shall be maintained in a manner satisfactory to the Township at all times.

Signs.

The following types of signs shall be prohibited in conjunction with such uses: freestanding signs, roof-mounted signs, flashing signs, neon signs, and internally illuminated signs.

One wall-mounted sign may be attached to the front-facing exterior wall of the structure, not to exceed 30 square feet in size. In addition, one hanging sign may be suspended from the front-facing exterior wall, not to exceed 15 square feet in size.

Signs provided in conjunction with such uses shall not depict sexual activity, human genitalia or female breasts, persons or genitalia in a state of sexual arousal, or any other depictions that may be deemed pornographic in nature.

§ 650-39 Adult-oriented stores.

Adult-oriented stores, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

No adult entertainment establishment shall be located within 200 feet of another such use, nor within 200 feet of a residential use, residential zoning district boundary, school, place of worship, hospital, philanthropic or eleemosynary institution, park, or playground.

All adult-oriented products shall be displayed and sold within fully enclosed buildings.

§ 650-40 Automobile-oriented uses.

Automobile dealerships, automobile repair or body shops, automobile washes, and gasoline service stations, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

All such uses shall comply with the use and bulk regulations of the districts in which they are located, pursuant to Article VI.[1]

Editor's Note: See also the Schedule of Area, Yard and Height Requirements, which is included as an attachment to this chapter.

All lighting shall be so designed, arranged, and installed as to reflect all light down and away from adjoining properties.

A solid, enclosed area shall be provided for the temporary storage of trash, garbage, and unusable automobile parts. Except for tires, all trash shall be stored in tight containers. The enclosed area shall be so designed such that the trash shall be visible from a public street or from adjacent properties.

Curb cuts and driveways:

Driveways shall not be less than 20 feet wide and no more than 24 feet wide at any point. Driveways shall be flared or slanted to facilitate vehicular ingress and egress.

Driveways and curb cuts must be at least five feet from any adjacent property line and 25 feet from the intersection as measured along the property line.

No more than two driveways shall be permitted for each 100 feet of street frontage.

There shall not be more than two curb cuts providing access to any one street. Any two driveways giving access to a single street shall be separated by a curbed island of least 20 feet.

No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.

Landscaped areas and buffer strips shall be provided as follows:

A minimum landscaped area five feet wide shall be provided and maintained along all property lines abutting public streets, except where curb cuts are permitted.

Where such use abuts another property, a landscaped buffer strip with a minimum width of five feet shall be provided and maintained. Where such use abuts a residential property or zoning district, the landscaped buffer strip shall be increased to a minimum width of 10 feet.

All landscaped areas and buffer strips shall be attractively planted, and all landscaping shall be maintained in a manner satisfactory to the Township at all times.

The Planning Board shall affirmatively find that:

The use will not constitute a nuisance because of noise, fumes, odors or physical activity in the location proposed.

The use at the proposed location will not create a traffic hazard or traffic nuisance because of its location in relation to similar uses, necessity of turning movements in relation to its access to public roads or intersections or its location in relation to other buildings or proposed buildings on or near the site and the traffic pattern from such buildings or by reason of its location near a vehicular or pedestrian entrance or crossing to a public or private school, park, playground or hospital or other public use or place of public assembly.

The use at the proposed location will not adversely affect nor retard the logical development of the general neighborhood or zone in which the station is proposed, considering service required, population, character, density and number of similar uses.

No such use shall be located within 500 feet of any entrance to a school, library, hospital, place of worship, child-care center, family day-care home, public park or playground, or charitable institution. No gasoline service station shall be located within 200 feet of a residential property line, a residential zoning district boundary, or the pedestrian entrance or any retail establishment, not including other auto-oriented uses. Such distances shall be measured in a straight line from said entrance to the lot line nearest said entrance along the street line.

The storage of inoperable vehicles on the site shall be prohibited.

§ 650-41 Automobile dealerships.

Automobile dealerships, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

All automobile dealerships shall be required to meet the requirements for auto-oriented uses, pursuant to § 650-40.

The principal use of the property shall be the sale of automobiles, with minor service and repair as accessory uses. All service and repair activity shall be conducted within fully enclosed and soundproofed buildings.

An automobile dealership shall have a fully enclosed sales building.

Front yards may be used only for necessary driveways and customer parking, as well as required landscaping. As an accessory use, the side and rear yards not devoted to required buffer strips and landscaping may be used for the storage, display, or sale of automobiles.

Display lighting shall be shielded and shall be so located and maintained as not to constitute a hazard or nuisance to the traveling public or neighboring uses. In particular, so-called "string lights," banners, temporary signs, balloons, and flags shall be prohibited.

No vehicle awaiting service or repair may be stored outdoors overnight.

No tractors, trailers or trucks shall be parked outdoors overnight.

§ 650-42 Automobile repair or body shops.

Automobile repair or body shops, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

All automobile repair or body shops shall be required to meet the requirements for auto-oriented uses, pursuant to § 650-40.

Garage bays and doors shall be at least 50 feet distant from the nearest point of the street line.

Front yards may be used only for necessary driveways and customer parking, as well as required landscaping.

All repair and body work shall be entirely conducted in a fully enclosed building.

No motor vehicle shall be offered for sale or rental on the site.

No vehicles shall be permitted to be standing or parked on the premises of an automobile wash other than those used or serviced by the employees in the operation of the establishment. No vehicle awaiting repairs may be stored outdoors for more than three consecutive days. Not more than five passenger vehicles awaiting repairs or parts shall be stored outdoors overnight.

No tractors, trailers or trucks shall be parked outdoors overnight.

§ 650-43 Automobile washes.

Automobile washes, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

All automobile washes shall be required to meet the requirements for auto-oriented uses, pursuant to § 650-40.

An adequate off-street automobile stacking area shall be provided, which shall not be less than 15 spaces per bay. Stacking areas shall be designed such that the presence of stacked cars in no way hinders or impairs normal traffic flow on any adjacent property or public street.

Automobile washes shall be completely enclosed for all operations, except final hand drying.

Automobile washes shall not provide services other than washing, drying, waxing, simonizing, or similar treatment.

The exit from the automobile wash for automobiles that have completed the washing process shall be at least 50 feet distant from the nearest point of street line.

Any automatic automobile wash shall be so soundproofed, the entire development shall be so arranged, and the operations so conducted that the noise emanating from the car wash shall be no more audible than the ambient street noise, as measured at the edges of the property.

No motor vehicle shall be offered for sale or rental on the site.

No tractors, trailers or trucks shall be parked outdoors overnight.

§ 650-44 Bars and taverns.

Bars and taverns, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

Bars or taverns shall not be located within 500 feet of schools, places of worship, hospitals, philanthropic or eleemosynary institutions, parks, or playgrounds.

Bars and taverns have a valid liquor license issued by the Township of Irvington.

§ 650-45 Big box centers.

Big box centers, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

The tract area for the big box center shall be no less than five acres.

The big box center shall be located on an arterial street, upon which it has a minimum frontage of 300 feet.

A traffic study shall be prepared by a certified and licensed traffic engineer indicating that the local road network can accommodate the weekday and weekend peak hour traffic generated by the use without causing significant adverse traffic conditions. In any circumstances where a deterioration in the levels of service at any impacted intersection reaches level D or worse, the Township shall require the applicant to pay for the costs of mitigation measures to ameliorate traffic conditions to satisfactory levels.

§ 650-46 Billiard parlors and dance halls.

Billiard parlors and dance halls, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

If liquor is sold on the premises, such uses shall not be located within 500 feet of schools, places of worship, hospitals, philanthropic or eleemosynary institutions, parks, or playgrounds.

If liquor is sold on the premises, such uses have a valid liquor license issued by the Township of Irvington.

§ 650-47 Bowling alleys.

Bowling alleys, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

§ 650-47.1 Cannabis operators and establishments.

[Added 8-9-2021 by Ord. No. MC 3773; amended 9-27-2021 by Ord. No. MC 3779; 7-10-2023 by Ord. No. MC 3832; 5-6-2024 by Ord. No. MC 3862]

Enabling authority. The requirements of this section 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 section is inconsistent with the statutes and/or regulations of the State of New Jersey, the state statutes and/or regulations shall govern.

Cannabis establishments permitting; rules and regulations.

Purpose. This section titled "Cannabis Establishments" is created and added to the general ordinances of the Municipal Code of Irvington for the purpose of establishing local permitting requirements and regulating the operations of cannabis establishments with respect to the cultivation, manufacturing, wholesale, distribution, retail, delivery, use and consumption of recreational cannabis and cannabis items in the Township in accordance with the provisions of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the "Act"),[1] any supplements and amendments thereto, and in accordance with the rules and regulations promulgated or to be promulgated by the New Jersey Cannabis Regulatory Commission (the "CRC"), and in accordance with the rules and regulations of the Township not inconsistent with the Act or the rules and regulations of the State of New Jersey. The regulations of this section are subject to the enabling authority of the state, pursuant to N.J.S.A. 24:6I-45, and are subject to compliance with all statutes and regulations adopted by the state or its instrumentalities, including the CRC. If any provision of this section is inconsistent with state statutes or any regulations thereof, the state statutes and regulations shall prevail.

Editor's Note: See N.J.S.A. 24:6I-31 et seq.

General provisions. Prior to the operation of any cannabis establishment in the Township, a conditional license must be obtained from the state pursuant to the Act and a permit must be obtained from the Township pursuant to this section for the particular class of operation being conducted. The Township of Irvington shall have an application process for the cannabis license approval from the Township, and by completing and submitting said application for consideration, each applicant is certifying that it has:

Applicant's name, principal address, telephone number, email address, contact name and title;

(b)

Class of license sought; proposed site location with evidence of site control or plans to obtain site control, floor plan(s), and a brief statement of suitability of the site for operation as a cannabis establishment;

(c)

Certification that the applicant has reviewed the Township's zoning ordinances and that, to the best of applicant's knowledge, the proposed site location meets the requisite zoning applicable to the location for the class of license sought either on a permitted use or conditional use basis and, if permitted on a conditional use basis, the reasons why the Township should grant the applicant a variance;

(d)

Any prior experience owning, operating or working in cannabis establishments, or in other highly regulated industries such as pharmaceuticals, banking and insurance;

(e)

Brief description of security plan that specifically addresses proposed on-site security and surveillance, diversion prevention and emergency management;

(f)

Brief description of nuisance mitigation plan that specifically addresses proposed plans to address noise, odor, waste disposal and vehicular congestion mitigation;

(g)

Brief description of community impact plan summarizing how the applicant intends to have a positive impact on the community in which the proposed cannabis establishment is to be located; applicant's ties to the proposed host community (including the percentage of owners, if any, that are residents of the Township or a municipality bordering the Township); and which shall include an economic impact plan and a description of community outreach activities;

(h)

Brief description of workforce development and job creation plan ensuring that 35% or more of the applicant's workforce will come from Township residents; and which may include information on the applicant's history of job creation or planned job creation at the proposed cannabis establishment; education, training and resources to be made available for employees; any relevant certifications, and an optional diversity plan;

(i)

A written description of the applicant' s record of social responsibility, philanthropy, and ties to the proposed host community;

(j)

Any other information, consistent with state licensing and Township permitting requirements, which the Board requests; and

(k)

Any other information, consistent with state licensing requirements, which the applicant wishes for the Township to consider in reviewing its proposal.

Denials. Applicants who are denied local support will have 30 days within which to correct any deficiency cited in the Township's denial letter and to resubmit an amended proposal. The Board will then have up to 30 days from receipt of the amended proposal within which to review the amended portions of applicant's proposal. At the conclusion of this review period, the Township will once again issue a written determination either approving or denying the applicant's request in the form and manner prescribed above. There is no limitation on the number of times an applicant may resubmit amended proposals for reconsideration by the Board. However, the times prescribed for resubmission and review herein shall remain in effect during each review period.

Fees. A nonrefundable administrative fee of $200 shall be submitted with each proposal and amended proposal submitted to the Board for review.

Following receipt of a conditional approval from the state and approval of a cannabis license from the Township of Irvington, the applicant must obtain a zoning determination from the Department of Housing and Building Construction and/or Community Development.

CANNABIS CULTIVATOR (GROWER)

Zoning generally. Cannabis establishments shall only be permitted to operate in zoning districts within the Township that specifically allow for such class of operation as a permitted use or a conditional use. If a zoning district within the Township allows for a particular class of operation on a conditional use basis, the cannabis establishment must apply for a variance in accordance with applicable provisions of Chapter 650 of the municipal code of Irvington.

(6)

There shall be a minimum setback of 200 feet from any cannabis establishment to any public or private school, child day-care center, place of worship or residential building as measured from the main entrance of each establishment.

Definitions. As used in this section, the following terms shall have the meanings indicated:

CANNABIS

All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2), and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).

Any licensed person or entity that grows, packages and/or sells cannabis.

CANNABIS DELIVERY SERVICE

Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment is delivered to that consumer. This person or entity shall hold a Class 6 cannabis delivery license issued pursuant to CREAMMA.

CANNABIS EXTRACT

A substance obtained by separating resins from cannabis by: 1) a chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane, or propane; 2) a chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses high heat or pressure; or 3) any other process identified by the Cannabis Regulatory Commission by rule or regulation.

CANNABIS FLOWER

The flower of the plant Cannabis sativa L. within the plant family Cannabaceae.

CANNABIS ITEM

Any usable cannabis, cannabis product, cannabis extract, and any other cannabis resin. "Cannabis item" does not include: any form of medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).

CANNABIS LEAF

The leaf of the plant Cannabis sativa L. within the plant family Cannabaceae.

CANNABIS MANUFACTURER

Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 cannabis manufacturer license issued pursuant to CREAMMA.

CANNABIS OPERATOR

A person or entity that is authorized to conduct operations as a retailer or manufacturer in accordance with a cannabis permit issued by a cannabis permitting authority and pursuant to CREAMMA and its implementing regulations.

CANNABIS PERMIT OR LICENSE

The document or documents, also referred to as a license, issued by the Division of Medicinal Marijuana within the New Jersey Department of Health, or the New Jersey Cannabis Regulatory Commission, or other state agency or entity or successor state agency or entity authorized to issue a medical cannabis dispensary permit/license or adult-use cannabis dispensary permit/license.

CANNABIS PERMITTING AUTHORITY

The Division of Medicinal Marijuana within the New Jersey Department of Health and/or New Jersey Cannabis Regulatory Commission and/or any other state agency or entity or successor state agency or entity with the statutory and regulatory authority to issue medical cannabis dispensary permits or permit endorsements.

CANNABIS PRODUCT

A product containing usable cannabis, cannabis extract, or any other cannabis resin and other ingredients intended for human consumption or use, including a product intended to be applied to the skin or hair, edible cannabis products, ointments, and tinctures. "Cannabis product" does not include: 1) usable cannabis by itself; or 2) cannabis extract by itself; or 3) any other cannabis resin by itself.

CANNABIS RESIN

The resin extracted from any part of the plant Cannabis sativa L., including cannabis extract and resin extracted using nonchemical processes, processed and used in accordance with P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.). "Cannabis resin" does not include: any form of medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); hashish as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2), and applied to any offense of the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).

CANNABIS RETAILER

Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler as set forth in N.J.S.A. 24:6I-44 for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 cannabis retailer license issued pursuant to CREAMMA.

CANNABIS WHOLESALER

Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This person or entity shall hold a Class 3 cannabis wholesaler license issued pursuant to CREAMMA.

CONSUMER

A person 21 years of age or older who purchases, directly or through a cannabis delivery service, acquires, owns, holds, or uses cannabis items for personal use by a person 21 years of age or older, but not for resale to others.

CONSUMPTION

The act of ingesting, inhaling, or otherwise introducing cannabis items into the human body.

CREAMMA

The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (approved February 22, 2021).[2]

DELIVERY

The transportation of cannabis items and related supplies to a consumer. "Delivery" also includes the use by a licensed cannabis retailer of any third-party technology platform to receive, process, and fulfill orders by consumers, provided that any physical acts in connection with fulfilling the order and delivery shall be accomplished by a cannabis handler certified in accordance with N.J.S.A. 24:6I-44 performing work for or on behalf of the licensed cannabis retailer, which includes a certified cannabis handler employed or otherwise working on behalf of a cannabis delivery service making off-premises deliveries of consumer purchases fulfilled by that cannabis retailer.

HONIG ACT

The Jake Honig Compassionate Use Medical Cannabis Act (approved July 2, 2019), P.L. 2019, c. 153, revising and supplementing P.L. 2009, c. 307: N.J.S.A. 24:6I-1 et seq.

MICROBUSINESS

The holder of a license with a smaller footprint than a standard license holder. It can be a distributor, delivery service and the Township sets the perimeters for same. Example: employ no more than x number of employees; establishment occupies an area of no more than x square feet; possess no more than x amount of cannabis plants each month; if a manufacturer, no more than x amount of pounds of usable cannabis per month.

PREMISES or LICENSED PREMISES

Includes the following areas of a location licensed under P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.): all public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms, and storerooms; all areas outside a building that the Cannabis Regulatory Commission has specifically licensed for the production, manufacturing, wholesaling, distributing, retail sale, or delivery of cannabis items; and, for a location that the commission has specifically licensed for the production of cannabis outside a building, the entire lot or parcel that the licensee owns, leases, or has a right to occupy.

PUBLIC PLACE

Any place to which the public has access that is not privately owned; or any place to which the public has access where alcohol consumption is not allowed, including, but not limited to, a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, playground, swimming pool, shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library, or any other public building, structure, or area.

USABLE CANNABIS

The dried leaves and flowers of the female plant Cannabis sativa L., and does not include the seedlings, seeds, stems, stalks, or roots of the plant.

[2]

Editor's Note: See N.J.S.A. 24:6I-31 et seq.

General. Standards and guidelines set forth in this section shall supersede other requirements of the zone district in which the dispensary is to be located to the extent they are inconsistent with the requirements for cannabis operators 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.

Required approvals. Prior to the operation of any cannabis operator in the Township of Irvington, the following shall be required:

The applicant shall submit proof that the applicant has or will have lawful possession of the premises proposed for the cannabis retailer, which proof may consist of: a deed, a lease, a real estate contract contingent upon successful licensing, or a binding letter of intent by the owner of the premises indicating an intent to lease the premises to the entrant contingent upon successful licensing;

The location proposed for licensing by the applicant shall comply with all applicable municipal zoning laws and the location restrictions set forth in this Code;

The applicant shall submit all required fees for the application and conditional license in accordance with the fee schedule set forth below. All fees shall be nonrefundable except as expressly provided herein;

Type of License	Application Fee (Initial)	Application Fee (Renewal)	Annual Registration Fee
Retailer	$10,000	$10,000	$5,000
Manufacturer	$10,000	$10,000	$7,500
Grower	$10,000	$10,000	$7,500
Distributor	$10,000	$10,000	$7,500
Delivery service	$10,000	$10,000	$5,000
Micro-retailer	$5,000	$5,000	$2,500

A cannabis operator must obtain a Class 1 (Cultivator), Class 2 (Manufacturer), Class 3 (Wholesaler), Class 4 (Distributor), or Class 5 (Retailer) license issued by the state's Cannabis Regulatory Commission;

A state and local consumption endorsement must be obtained pursuant to CREAMMA;

(6)

Site plan approval shall be obtained from the Township of Irvington Planning Board or Board of Adjustment, as the case may be;

(7)

A first certificate of zoning compliance shall be obtained along with all necessary building permits for build-out of the cannabis operator in accordance with the approved site plan;

(8)

A final certificate of zoning compliance and certificate of occupancy must be issued; and

(9)

Any local license issued pursuant to this chapter shall be valid for a period of three years from the date of issuance, subject to payment of the annual registration fee, and shall be in accordance with the provisions of this chapter.

Compliance requirements. A cannabis operator established pursuant to this section shall, at all times, operate in complete compliance with the terms and conditions of its cannabis permit(s) and any conditions set forth in its site plan approval, and all applicable codes and standards set forth in state codes and the Municipal Code of the Township of Irvington.

Permitted zone districts. Cannabis operators shall be conditionally permitted, as a conditional use, only in the following districts:

Recreational cannabis retailers and dispensaries shall be conditionally permitted in the following districts: B-3 Limited Business; B-4 General Business; and CBD Central Business District, Downtown Mixed-Use.

Medicinal cannabis retailers and dispensaries shall be conditionally permitted in the following districts: B-1 Neighborhood Business District; B-2 Shopping Center; B-3 Limited Business; B-4 General Business; and CBD Central Business District, Downtown Mixed-Use.

Cultivating, manufacturing, wholesale, and distributing shall be conditionally permitted in the following districts: M-1 Special Industrial Manufacturing District; M-2 Light Industrial Manufacturing District; M-3 Heavy Industrial Manufacturing District.

In addition to the permitted zone districts, no cannabis operator shall operate within 1,000 feet of a school or place of worship.

B-5 Big Box Center shall be conditionally permitted for cannabis retailer and dispensary, provided that the location is on the ground floor of the proposed site and has an entrance on the exterior of the location that serves as the primary point of ingress/egress for the business with secondary access into the main area of the Big Box Center that serves as an emergency exit only.

Hours of operation. It shall be unlawful for any person to sell (or dispense) cannabis or cannabis products at a cannabis operator within the Township of Irvington at any time other than between the hours of 9:00 a.m. and 8:00 p.m., Monday through Saturday. On Sunday, hours of operation shall be permissible between 12:00 noon and 6:00 p.m.

No cannabis operator shall be allowed as a home occupation as defined in § 650-4.

No cannabis operator shall be housed in a vehicle or any movable or mobile structure.

Site plan approval; minimum requirements; performance standards.

Minimum requirements. In addition to other requirements established by the Township of Irvington, the applicant shall include, at minimum, the following documents as evidence of compliance and good standing in the state and with the municipality.

A letter from the Township of Irvington Director of Public Safety, or his or her designee, stating that the Department has reviewed the applicant's safety and security protocols included in the pending application and has found them to be satisfactory.

Performance standards.

Building use. A cannabis operator shall only be located on the ground floor (i.e., street level) of any building in which it has been approved to be located unless the medical cannabis dispensary occupies the entire building on the property. Any such medical cannabis dispensary shall be accessible directly from the right-of-way through a separate entrance, independent from any other retail or residential ingress to the building. Only a secured, one-way emergency exit from the establishment may be integrated with common egress.

(b)

Bulk and area requirements. Bulk and area requirements shall follow those of the underlying zoning district.

(c)

Product display and storage. No cannabis products shall be visible from a public sidewalk, public street or right-of-way, or any other public place. All cannabis products shall be stored securely indoors and on site.

(d)

Consumption. Consumption of cannabis products including smoking, ingestion of edibles or by any other means of consumption shall not be permitted on the premises or adjacent ground of a cannabis operator. Consumption shall not be permitted at any public place.

(e)

Odor. A cannabis operator shall have equipment to mitigate cannabis-related odor. The building shall be equipped with a ventilation system with carbon filters or other filters sufficient in type and capacity to eliminate cannabis odors emanating from the interior of the premises. The filters are required to be replaced regularly for the best effectiveness to mitigate odor. The ventilation system must be approved by the Township of Irvington Health Department and Building Department or designated vendor and may be subject to periodic inspection.

(f)

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.

(g)

Security. All cannabis operators shall be secured and shall have full-time security protocols. Security protocols shall be submitted to the Township of Irvington Police Department for compliance review with all safety and security standards established by the State of New Jersey for cannabis operators. The Township of Irvington Police Department may, at its discretion and upon review of the proposed location, recommend or require additional safety and security measures. At minimum, the following shall apply:

A video recording security system shall be employed covering all areas of the cannabis operator and the adjacent exterior of the building with a 24/7 recording system that records for a minimum thirty-day archive.

[2]

The Township of Irvington Police Department and Zoning Officer shall be provided the name and twenty-four-hour phone number of the responsible staff person to notify during suspicious activity or emergency.

[3]

Outside areas of the premises shall be well-illuminated for safety and security, but not in a way that is counter to Code requirements for outdoor lighting and screening or obtrusive to pedestrians, drivers or other users of the public right-of-way.

[4]

The premises and right-of-way adjacent to the cannabis operator shall be monitored by staff of the medical cannabis dispensary and kept free of loitering, litter and other debris, and the sidewalks shall be swept and cleaned on a regular basis.

[5]

Consumers shall be screened and demonstrate identification confirming they are ages 21 years old or older.

[6]

Capacity. A cannabis retailer shall permit a maximum of 30 patrons per 1,500 square feet of gross floor area.

(h)

Parking. Cannabis operators shall adhere to the following parking space requirements:

Recreational retailer and dispensary: Any recreational retailer with a gross floor area of 1,500 square feet or less: none; any recreational retailer with a gross floor area exceeding 1,500 square feet: one space per 500 square feet of gross floor area.

[2]

Medicinal dispensary: shall adhere to the parking requirements of banks, financial and business offices and professional and commercial offices (§ 650-33D).

[3]

Cultivating, manufacturing wholesale or distributing: shall adhere to the parking requirements of industrial manufacturing establishments (§ 650-33N).

(i)

Cannabis operators shall enter into a community benefit agreement.

(j)

Records. Records of all cannabis purchased and sold must be made available upon 14 days' advance notice when called for by the Township, or any other authorized person or entity.

Penalty for violation. Any violation of the provisions of this section or the conditions of the zoning permit granted, inclusive of any agreements or conditions imposed by the Planning Board or Board of Adjustment, as the case may be, shall be punishable by a civil fine; minimum fine shall be $2,500, maximum fine shall be $5,000. Each day that a violation is committed, exists or continues shall be deemed a separate and distinct offense. In addition, ongoing or repeat offenses may result in suspension of the certificate of occupancy for a period to be determined by the Zoning Officer. All violations will be reported to the appropriate cannabis permitting authority or designated state authority.

Suspension of use. The Municipal Council may suspend or revoke any license if the corresponding state license or permit for the subject location is expired, surrendered, suspended, or revoked. Following the commencement of retail sales of cannabis or cannabis products, the Irvington Municipal Council may suspend or revoke any license if the licensed premises have been inactive or unoccupied by the licensee for at least six months. Any subsequent application for use or occupancy of the premises as a cannabis operator, including reoccupation by the previous operator, shall be referred to the original land use board of jurisdiction as a new application.

Signage. The following signage regulations shall be enforced:

One sign shall be permitted per cannabis operator.

Signage shall not be illuminated at any time.

Signage shall comply with the requirements of § 650-31 of the Township's Zoning Ordinance.

The following words shall be prohibited: "cannabis," "marijuana," and "weed."

No transfer of license is permitted. It cannot be transferred in whole, or in part, without the prior written approval of the Township of Irvington. No successor in interest of a licensee shall acquire any rights or powers without the prior written consent of the Township. For purposes of this chapter, any change in control of the licensee resulting from a merger, consolidation, stock transfer, or asset sale shall be deemed an assignment or transfer that requires the prior written consent of the Township.

§ 650-48 Check-cashing establishments.

Check-cashing establishments, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

No such use shall be located within 500 feet of another such use, nor within 500 feet of a residential use, school, place of worship, hospital, philanthropic or eleemosynary institution, park, or playground.

§ 650-49 Child-care centers.

Child-care centers, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

Any residence or facility used for the purpose of providing a child-care center shall be required to be licensed with the New Jersey Department of Health Services, Division of Youth and Family Services, and to place on file with the Township a copy of the license, prior to the Township granting a certificate of occupancy for the use.

Child-care centers shall not be located near or adjacent to areas determined to be hazardous to the physical health and safety of the children.

The building or portion thereof used for such purposes shall be required to meet all of the applicable standards and regulations for nonresidential buildings in the zoning district in which it is located. However, pursuant to N.J.S.A. 40:55D-66.6 and 66.7, the floor area occupied in any building as a child-care center shall be excluded in calculating any parking requirement and shall not be counted toward the maximum permitted floor space under this chapter.

§ 650-50 Drive-through windows.

Drive-through windows, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

No lot with a total lot area of less than 10,000 square feet shall be permitted to have a drive-through window. All drive-through lanes shall be located on the site, and in no case shall public streets or rights-of-way be utilized as drive-through lanes.

In no case shall drive-through windows be permitted if the drive-through window and/or lane area would occupy land necessary for required parking spaces, landscaping, or other required features of the development site.

Each drive-through lane shall have a minimum width of 10 feet. In addition, a single lane of at least 10 feet in width shall be provided adjacent to the outermost stacking or queuing lane to allow vehicles not entering the stacking lane to exit the property.

There shall be sufficient space between the property line and the entrance of the stacking or queuing lane to allow for safe entry, access to parking spaces, and on-site circulation.

The drive-through window shall be located at least 30 feet from the street curbline to provide sufficient space for vehicles to safely exit the property. The drive-through window shall not be located on any building facade that faces a public street.

Drive-through lanes shall be set back at least five feet from all property lines, except in the case of residential property lines or residential zoning district boundaries, where the setback shall be increased to 15 feet. Drive-through lanes shall be screened from adjacent residential property by means of a solid, opaque fence or wall with a minimum height of six feet and evergreen trees, shrubs, or hedges with a minimum height of six feet.

All drive-through vehicular circulation shall be in a counter-clockwise direction.

In conjunction with restaurants, a minimum of eight stacking or queuing spaces of at least 20 feet in length per space shall be provided for each drive-through lane.

In conjunction with banks, drugstores, or any other use, a minimum of five stacking or queuing spaces of at least 20 feet in length per space shall be provided for each drive-through lane.

§ 650-51 Dry-cleaning plant.

Dry-cleaning plants, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

No such establishment shall be permitted in any building containing residential uses, places of worship, schools, hospitals, philanthropic or eleemosynary uses, or child-care centers.

Such processes shall be conducted entirely within an enclosed building.

Such uses shall comply with all pertinent rules, regulations, and guidelines promulgated by the U.S. Environmental Protection Agency, the U.S. Department of Labor's Occupational Safety and Health Administration, and the New Jersey Department of Environmental Protection with regard to dry-cleaning practices.

§ 650-52 Family day-care homes.

Family day-care homes, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

Any residence used for the purpose of providing a family day-care home shall be required to register with the New Jersey Department of Health Services, Division of Youth and Family Services, and to place on file with the Township a certificate of registration, prior to the Township granting a certificate of occupancy for the use.

Family day-care homes shall be permitted in all residential zones, but they shall be permitted only in conjunction with single-family houses.

Family day-care homes shall not be located near or adjacent to areas determined to be hazardous to the physical health and safety of the children.

The residence used for such purposes shall be required to meet all of the applicable standards and regulations for single-family houses in the zoning district in which it is located, pursuant to N.J.S.A. 40:55D-66.5d.

§ 650-53 Grocery stores.

The minimum lot area shall be two acres, and the minimum lot width shall be 200 feet.

All outside loading berths, docks, or delivery areas shall be provided to the rear of the building, and where adjacent to a residential use or zoning district boundary shall be located a minimum distance of 30 feet to such property line or boundary.

Any outside storage of trucks, pallets, cases, etc., shall be completely fenced with appropriate access gates sufficient for the movement of large commercial vehicles, and such areas shall be adequately screened from view on all sides.

Internal traffic circulation for a grocery store shall be so arranged that off-street parking for retail customers shall be in an area distinct and separate from any maneuvering areas for any loading berths or truck storage for employee parking.

§ 650-54 Home occupations.

Home occupations, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

A home occupation shall be carried on entirely within the principal building and shall under no circumstances exceed 20% of the total gross habitable floor area of the principal building.

No home occupation shall require interior or exterior alterations of the principal structure.

No sign shall be permitted in connection with such home occupation. No other outward display shall be permitted which indicates that the dwelling is being used in whole or in part for any other purpose other than residential. There shall be no display of goods or advertising.

No mechanical or electrical equipment shall be permitted which exceeds five horsepower, or which creates heat, glare, smoke, noise, or vibration which is perceptible beyond the boundary of the premises.

No commodity shall be sold on the premises.

Only residents who occupy the dwelling shall be engaged in the home occupation. No outside employees shall be permitted to work on the premises.

On a typical workday, there shall be on average not more than one visitor or client per hour visiting the home occupation during the normal workday of 9:00 a.m. to 6:00 p.m. and none at other times.

With the exception of U.S. mail or other conventional mail courier services, no truck deliveries shall be permitted in conjunction with the home occupation.

No outdoor storage shall be permitted.

§ 650-55 Home professional offices.

Home professional offices, where permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

A home professional office shall be carried on entirely within the principal building and shall not under any circumstances exceed 40% of the total gross habitable floor area of the building.

No home professional office shall require exterior alterations of the principal structure which will cause the structure to be at a variance or further at variance with the minimum and maximum building bulk standards required for the district in which it is located.[1]

Editor's Note: See the Schedule of Area, Yard and Height Requirements, which is included as an attachment to this chapter.

The professional conducting the practice shall also be the resident who occupies the dwelling. No home professional office shall permit the employment of more than two employees who are not permanent residents of the dwelling.

No home professional office shall be permitted to have any advertising display other than a professional nameplate as provided in Article VII. With the exception of the nameplate, there shall be no exterior feature of the building which indicates that the dwelling is being used in whole or in part for any other purpose other than residential.

No exterior feature of the building shall change or modify its residential character and appearance. There shall be no display of goods or advertising.

Sufficient on-site parking shall be provided for the employees, visitors, and clients of the professional, in addition to the residents occupying the residential portion of the structure.

On a typical workday, there shall be on average not more than three visitors or clients per hour visiting the home professional office during the normal workday of 9:00 a.m. to 6:00 p.m. and none at other times.

No home professional office shall be permitted on a property that does not front on an arterial or collector street, as identified in the adopted Township Master Plan.

With the exception of U.S. mail or other conventional mail courier services, no truck deliveries shall be permitted in conjunction with the home occupation.

No outdoor storage shall be permitted.

Home professional offices shall be permitted only in single-family or two-family houses.

§ 650-56 Hospitals or philanthropic or eleemosynary uses.

Hospitals or philanthropic or eleemosynary uses, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

The principal building will not occupy more than 25% of the lot area; all other requirements as set forth in this chapter for the zone in which it is to be located are observed; such use will not be detrimental to the surrounding neighborhood; and the structure or proposed use will serve the general welfare of the Township.

The front, rear and side yards shall be increased one foot for each foot by which such building exceeds the height limit herein established for the zone in which it is located.

The appropriate area and number of off-street parking spaces shall be established, and adequate buffer areas, as well as an attractive and functional landscaping scheme, shall be provided.

Signs shall be limited to an area of not more than 30 square feet on any one side and shall not be closer than 15 feet to any property line or five feet to any street line. Signs may be illuminated.

§ 650-57 Industrial performance standards.

Wherever permitted as of right or with a conditional use permit pursuant to Article VI, the following minimum standards shall be required to be met:

Fire and explosion hazards. All activities shall be carried on only in fireproof structures which conform to the standards of the National Board of Fire Underwriters, Township Building Code or Fire Prevention Code, whichever is the more restrictive.[1] All explosive raw materials, fuels, liquids and finished products shall be stored in accordance with the standards of said National Board of Fire Underwriters.

Editor's Note: See Ch. 240, Construction Code, Uniform, and Ch. 307, Fire Prevention.

Radioactivity. Any and all machines, devices, testing equipment or anything similar which emits any radiation or radioactive rays is prohibited, except where any and all emissions of radiation or radioactive rays do not exceed the maximum permissible limits established by either a federal or state agency having jurisdiction over emissions of radiation or radioactive rays and where such machines, devices, testing equipment or anything similar is registered with and approved by either a federal or state agency having jurisdiction over the same.

Air quality and emissions.

No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant, or animal life or to property or which unreasonably interfere with the enjoyment of life and property anywhere in the Township.

All uses shall be required to comply with Title 7, Chapter 27 of the New Jersey Administrative Code (N.J.A.C.), regarding air pollution control.

No open burning shall be permitted in any district.

Odor. No odorous material may be emitted into the atmosphere in quantities sufficient to be detected beyond property lines.

Liquid or solid waste.

The discharge of industrial wastes into the sanitary sewer system shall be in accordance with Rules and Regulations Relating to the Use of the Sewer System for the Discharge of Sewerage, Industrial Wastes and Other Wastes established by the Joint Meeting, and its amendments and revisions. In addition, no industrial use shall discharge into any public sanitary sewer system quantities of water or industrial wastes beyond the capacity of said sewer system. The amount of effluent permitted shall be approved by the Township Engineer.

No industrial operation shall discharge industrial wastes of any kind into any reservoir, pond or lake. The discharge of untreated industrial wastes into a stream is prohibited.

No waste shall be discharged into a water body or watercourse without all necessary permits from the New Jersey Department of Environmental Protection. All methods of sewerage and industrial waste treatment and disposal shall be approved by the Township.

No effluent shall contain any acids, oils, dust, toxic metals, corrosives or other toxic substances in solution or suspension which would create odors or discolor, poison or otherwise pollute water in any way.

Vibration. No vibration is permitted which is discernible to the human sense of feeling beyond the lot on which such use is conducted.

Noise. All uses shall be required to comply with the provisions of Title 7, Chapter 29 of the New Jersey Administrative Code (N.J.A.C.), regarding noise control.

Glare. All glare shall be prevented from escaping the site to the greatest extent possible. Industrial processes resulting in glare shall be conducted entirely within enclosed structures.

All industrial uses shall be located at least 20 feet from any street or property line and 35 feet from any residential property line or residential zoning district boundary.

Landscaped areas and buffer strips shall be provided as follows:

A minimum landscaped area 10 feet wide shall be provided and maintained along all property lines abutting public streets, except where curb cuts are permitted.

Where such use abuts another property, a landscaped buffer strip with a minimum width of eight feet shall be provided and maintained. Where such use abuts a residential property or zoning district, the landscaped buffer strip shall be increased to a minimum width of 15 feet.

All buffer strips abutting adjacent properties shall be planted with evergreen trees, shrubs, or hedges with a minimum height of six feet. Where a buffer strip is located along a side property line, it shall extend all the way from the front to the back property line, except that the evergreen shrubbery may terminate eight feet back from the front property line.

All landscaped areas and buffer strips shall be attractively planted, and all landscaping shall be maintained in a manner satisfactory to the Township at all times.

§ 650-58 Sidewalk restaurant/cafe seating.

[Added 8-10-2010 by Ord. No. MC 3425]

§ 650-59 Laboratories.

Laboratories, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

Such uses shall not include the mass production or manufacture of products for sale to the general public.

Such uses shall take place entirely within enclosed buildings.

All laboratory uses shall be required to meet the requirements for light industry uses, pursuant to § 650-57.

§ 650-60 Self-service laundries.

Self-service laundries, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

No such use shall discharge into any public sanitary sewer system quantities of water or industrial wastes beyond the capacity of said sewer system. The amount of effluent permitted shall be approved by the Township Engineer. No effluent shall contain any acids, oils, dust, toxic metals, corrosives or other toxic substances in solution or suspension which would create odors or discolor, poison or otherwise pollute water in any way.

§ 650-61 Packaged liquor stores.

Liquor stores, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

Liquor stores shall have a valid liquor license issued by the Township of Irvington.

§ 650-62 Live entertainment.

Live entertainment, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum requirements:

Live entertainment such as singing, dance, theater, concerts, and other live performances shall only be permitted in association with and accessory to permitted restaurants, bars, and taverns.

Such live entertainment uses shall take place entirely within an enclosed building which shall be sufficiently sound insulated and separated from adjacent uses, particularly residential uses, so as to avoid any noise nuisances.

No outdoor music or public address system shall be permitted.

No live entertainment shall be permitted after 12:00 midnight Sundays through Thursdays or after 2:00 a.m. Saturday morning or Sunday morning.

§ 650-63 Meat, fish and poultry stores.

Meat, fish and poultry stores, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum requirements:

Such processes shall be conducted entirely within an enclosed building.

Buildings shall be so designed and built and meat, fish, and poultry shall be so handled as to reduce the potential for spoilage, limit the emission of odors, prevent untreated wastewater from leaking out of the building, and keep from attracting rodents, vermin, or scavenging animals, to the greatest extent possible.

No slaughtering, skinning, or feather-plucking shall be permitted on the site.

No storage or sale of live animals shall be permitted on the site.

Such uses shall comply with all pertinent rules, regulations, and guidelines promulgated by the U.S. Department of Agriculture and the New Jersey Department of Agriculture.

§ 650-64 Office uses, business and professional, above ground floor commercial use.

Business and professional offices, wherever permitted above a ground floor commercial use, shall be required to meet the following minimum standards:

Each office suite shall have its own entrance to a hallway, staircase, or to the exterior.

The ground floor entrance to the office suite or suites shall be separate from the entrance to the ground floor commercial use.

Sufficient parking spaces shall be made available and/or reserved in either public or private off-street parking lots for parking of tenants' vehicles.

§ 650-65 Office uses, business and professional, in O-1 Zone.

Business and professional offices may be permitted in the O-1 Zone subject to the approval of a conditional use permit and shall be required to meet the following minimum requirements:

The building shall maintain the appearance of a residential use. The facade shall use materials and colors that are compatible with adjacent residential structures. The architectural design, fenestration, orientation of doors, landscaping, and parking shall also be compatible with adjacent residential structures.

Off-street parking spaces needed for the office uses shall be provided on the site, pursuant to Article VIII. However, parking spaces shall not be located in the front yard.

Landscaped areas and buffer strips shall be provided in the rear and side yards as follows:

A minimum landscaped area five feet wide shall be provided and maintained along all rear and side property lines. Where such use abuts a residential property or zoning district, the landscaped area shall be increased to a minimum width of 10 feet.

All such landscaped strips shall be planted with evergreen trees, shrubs, or hedges with a minimum height of six feet. Where a buffer strip is located along a side property line, it shall extend all the way from the front to the back property line, except that the required fence may terminate at the required front yard setback line.

All landscaped areas shall be attractively planted, and all landscaping shall be maintained in a manner satisfactory to the Township at all times.

§ 650-66 Outdoor storage.

Outdoor storage, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum requirements:

No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this requirement, provided they meet the requirements of the National Board of Fire Underwriters. No more fuel than is required for the principal use(s) shall be stored on the premises.

No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off the premises by natural causes or forces, such as wind or rain.

All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to animals or vermin shall be stored outdoors only in enclosed containers.

All outdoor storage areas shall be enclosed by a solid, opaque fence or wall adequate to fully conceal such facilities and the contents thereof from adjacent properties and shall meet all required setbacks for the district in which they are located. This provision shall not apply to outdoor storage of automobiles in conjunction with automobile sales uses.

No material or equipment stores outdoors shall exceed a height of 10 feet above grade within 50 feet of a property line. In no case shall material or equipment stored exceed the height of the principal building on the property.

In no case shall areas with grades in excess of 8% be utilized for the purposes of outdoor storage.

In industrial zoning districts, the area utilized for outdoor storage shall not exceed 15% of the total lot area. In business zoning districts, the area utilized for outdoor storage shall not exceed 20% of the ground floor area of the principal building on the site.

In no case shall outdoor storage be permitted if the outdoor storage area would occupy land necessary for required parking spaces, landscaping, or other required features of the development site.

Outdoor storage shall be permitted only in the side or rear yards and shall be prohibited in the front yard.

§ 650-67 Pawnbrokers.

Pawnbrokers, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

§ 650-68 Places of worship.

Places of worship, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum requirements:

The minimum lot area in any residential zoning district shall be 15,000 square feet, and the minimum lot width shall be 150 square feet.

Banquet halls, cafeteria or kitchen facilities, classrooms, libraries, and other similar uses which are customarily accessory to places of worship shall be permitted.

Child-care centers may be permitted as an accessory use only with the approval of a conditional use permit, provided that it complies with the requirements of § 650-49.

With the exception of a parsonage, no housing or dormitories, whether for temporary or permanent occupancy, shall be permitted as accessory uses.

No building, parking lot, or outdoor facility shall be located closer than 25 feet to any residential property line or residential zoning district boundary. A landscaped buffer, berm, fence, hedge, or other screening material shall be provided along such property lines or district boundaries to a height of no less than six feet.

All required parking shall be provided on the site.

Building coverage shall not exceed 50%.

§ 650-69 Quasi-public buildings and recreation facilities.

Quasi-public buildings and recreation facilities, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

A statement detailing the operation of the use and a complete list of the proposed charter membership, including names and addresses, shall be filed with the Zoning Board.

The proposed use is to be operated by a bona fide nonprofit organization and will be operated solely for the recreation and enjoyment of the members of said organization.

The proposed use shall not adversely affect the safe and reasonable enjoyment of the surrounding property; the design of any structures erected in connection with such use shall be in keeping with the general character of the residential area; and sufficient landscaping, including trees, shrubs and lawn, shall be provided to serve as a buffer between said use and adjoining residential properties and to enhance the appearance of the use.

The buildings will not occupy more than 25% of the lot area; all requirements as set forth in this chapter for the zone in which it is to be located shall be observed; such use shall not be detrimental to the surrounding neighborhood; and the structure or proposed use shall serve the general welfare of the Township.

The front, rear and side yards shall be increased one foot for each foot by which such building exceeds the height limit herein established for the zone in which it is located.

Off-street parking spaces shall be established in accordance with this chapter.

Signs may be illuminated but nonflashing and limited in area to not more than 15 square feet on any one side and shall not be closer than 15 feet to any property line or five feet to any street line.

§ 650-70 Residential structures containing three or more units.

Courtyards bounded on three or more sides by the wings of a single building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest adjacent building.

Every building containing more than five dwelling units shall have a minimum setback of 10 feet from all interior roads, driveways and parking areas.

Garages not a part of a multiple-family dwelling structure but intended for use of the residents of a multiple-family dwelling structure, and all other accessory buildings shall be located at least 10 feet from the nearest wall of any multiple-family dwelling structure.

Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities and shall have a minimum gross habitable floor area in accordance with the following:

An efficiency apartment shall contain a minimum of 450 square feet.

A one-bedroom apartment shall contain a minimum of 700 square feet.

A two-bedroom apartment shall contain a minimum of 850 square feet.

A three-bedroom apartment shall contain a minimum of 1,000 square feet.

There shall be a minimum common storage area in each building for bicycles, perambulators and similar types of equipment of 50 cubic feet per dwelling unit.

The total number of one-bedroom or efficiency apartments shall not be less than 70% of the entire project in high-rise and garden apartment developments.

Sufficient laundry, drying, garbage pickup and other utility areas must be provided and shall be located with a view both to convenience and to minimize the detrimental effect on the aesthetic character of the building(s) and shall be enclosed and shielded from view by fencing, walls or shrubbery of at least six feet in height around the perimeter. Fencing and walls shall not be less than 30% nor more than 50% open on the vertical surface.

A strip of land at least five feet in width surrounding each building shall be kept completely open except for foundation plantings of less than six feet in height. Open space adjacent to, around or between buildings not surfaced as walkways, driveways, parking areas, utility areas or other required improvements shall be sodded or seeded to provide a thick stand of grass or other plant material. Approaches to multiple-family dwelling structures and entrance areas shall be attractively shrubbed and properly maintained.

Driveways, parking areas, dwelling entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same, and light sources shall, where necessary, be shielded to avoid glare disturbing to occupants of buildings.

Topsoil shall not be removed from the site during construction but shall be stored and redistributed to areas where seeding is required.

The land shall be so graded, paved areas so pitched and, if necessary, storm drains and/or catch basins so located and designed to provide restricted runoff of stormwaters, all in accordance with flood management standards adopted by the Township.[1]

Editor's Note: See Ch. 313, Flood Damage Prevention.

Site planning shall create usable, private open space to the fullest extent feasible. Any or a combination of the following features may be required to conceal parked vehicles from adjoining residential properties: masonry wall of ornamental design, dense planting of evergreen shrubs or trees, depression of visible portion of the site below grade or similar protective measure or fences.

Other standards and conditions to the site plan and to curbing, driveways, parking areas, pedestrian walks, landscaping and planting not otherwise specified herein may be attached as conditions by the Planning Board or Municipal Council if circumstances indicate that they will further the purposes and intent of this chapter.

There shall be a full-time superintendent for every multiple-dwelling project containing more than 20 individual dwelling units in one or more buildings.

At least one exterior wall of every dwelling unit shall be entirely above ground level, except that one unit may be provided for a superintendent with not more than 50% of any exterior wall below ground level.

Provision shall be made so that television antenna equipment will be built into the building, thereby eliminating the need for individual antennas being erected on the roof, except for common towers.

Any air-conditioning unit hereafter installed in any multiple-family dwelling unit shall not project outwardly more than three inches from the face of the wall of the building.

§ 650-71 Residential uses above ground floor commercial use.

Residential uses, wherever permitted above a ground floor commercial use, shall be required to meet the following minimum standards:

Each apartment shall have its own entrance to a hallway, staircase, or to the exterior.

The ground floor entrance to the apartment units or units shall be separate from the entrance to the ground floor commercial use.

Sufficient parking spaces shall be made available and/or reserved in either public or private off-street parking lots for overnight parking of tenants' vehicles.

Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities and shall have a minimum gross habitable floor area in accordance with the following:

An efficiency apartment shall contain a minimum of 450 square feet.

A one-bedroom apartment shall contain a minimum of 700 square feet.

A two-bedroom apartment shall contain a minimum of 850 square feet.

A three-bedroom apartment shall contain a minimum of 1,000 square feet.

§ 650-72 Retail uses as accessory to industrial uses.

Retail uses, wherever permitted as an accessory to an industrial use, shall be required to meet the following minimum standards:

Retail uses shall be permitted only for the purpose of selling products made on the site. No portion of the merchandise for sale shall consist of products manufactured off-site.

Adequate off-street parking for the retail uses shall be provided, over and above what is necessary for the industrial use, in accordance with Article VIII.

Such uses shall be open only on those days and during those hours when the industrial use is active and shall terminate no later than 9:00 p.m. on weekdays and 5:00 p.m. on Saturdays. In no case shall such a use be open on Sundays.

§ 650-73 Research and development.

Research and development uses, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum standards:

Such uses shall not include the mass production or manufacture of products for sale to the general public.

Such uses shall take place entirely within enclosed buildings.

All research and development uses shall be required to meet the requirements for light industry uses, pursuant to § 650-57.

§ 650-74 Gasoline service stations.

Gasoline service stations, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum requirements:

The site plan shall contain, in addition to the requirements of all other ordinances of the Township, 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 to be installed, the type of structure and accessory buildings to be constructed and the number of garage bays and other details as required by site plan regulations.

All gasoline service stations be required to meet the requirements for auto-oriented uses, pursuant to § 650-40.

Underground fuel storage tanks shall be placed at least 20 feet from any structure, 20 feet from any street or property line, and 30 feet from any residential property line or residential zoning district boundary.

Repair of motor vehicles may be performed as an accessory use to a gasoline service station, not including work on the automobile body, provided that it is conducted in a fully enclosed building whose coverage is not more than 8% of the lot area.

No motor vehicle shall be offered for sale or rental on the site.

No vehicles shall be permitted to be standing or parked on the premises of a gasoline service station other than those used or serviced by the employees in the operation of the establishment. No vehicle awaiting repairs may be stored outdoors for more than three consecutive days. Not more than five passenger vehicles awaiting repairs or parts shall be stored outdoors overnight. No tractors, trailers or trucks shall be parked outdoors overnight.

Accessory goods for sale may be displayed on the pump island and the building island only. Oil cans, antifreeze and similar products may be displayed on the respective island if a suitable metal stand or rack is provided therefor.

All fuel pumps shall be located at least 20 feet from any street or property line and 30 feet from any residential property line or residential zoning district boundary. A canopy may be permitted to cover the fuel pump area, provided that it is at least 25 feet from any street or property line.

§ 650-75 Indoor recreation facilities.

Indoor recreation facilities, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum requirements:

The Planning Board shall affirmatively find that such use will not constitute a nuisance because of noise or pedestrian traffic generated; that the use at the proposed location will not create a traffic hazard; and that the use at the proposed location will not adversely affect nor retard the logical development of the general neighborhood or zone in which the recreation area is proposed, considering the character of the zone, density of population and number of similar uses.

§ 650-76 Clinics for treatment of drug addiction.

Clinics for the treatment of drug addiction, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum requirements:

The Planning Board shall affirmatively find that such use will not constitute a nuisance because of noise or pedestrian traffic generated; that the use at the proposed location will not create a traffic hazard; and that the use at the proposed location will not adversely affect nor retard the logical development of the general neighborhood or zone in which the clinic area is proposed, considering the character of the zone, density of population and number of similar uses.

§ 650-77 Public, parochial, or private schools.

Schools, wherever permitted as of right or with a conditional use permit pursuant to Article VI, shall be required to meet the following minimum requirements:

The minimum lot area in any residential zoning districts shall be 15,000 square feet, and the minimum lot width shall be 150 square feet.

Recreational facilities, playgrounds, cafeteria or kitchen facilities, performance theaters or halls, libraries, and other similar uses that are customarily accessory to schools shall be permitted.

Child-care centers may be permitted as an accessory use only with the approval of a conditional use permit, provided that it complies with the requirements of § 650-49.