[Amended 12-1-2020 by Ord. No. 20-3225]
A. Where a use is not specifically permitted in a zone district, it
is prohibited.
B. All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in Section 3
of P.L.2021, c. 16, are prohibited in all zones, but not the delivery
of cannabis items and related supplies by a delivery service. 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 al.) and P.L.2015, c.158
(N.J.S.A. 18A:40-12.22 et al.) and this provision shall not be construed
to limit any privileges or rights of a qualifying patient, primary
caregiver, physician, registered dispensary or other person acting
in accordance with the New Jersey Compassionate Use Medical Cannabis
Act.
[Amended 6-1-2021 by Ord. No. 21-3236]
C. Marijuana plants, products, accessories, and associated paraphernalia
contained in any medical marijuana dispensary shall not be visible
from a public sidewalk, public street or right-of-way, or any other
public place. On-site storage of usable marijuana shall comply with
21 CFR 1301.72. No consumption or smoking of any medical marijuana
products shall be allowed or permitted on the premises or adjacent
grounds of a medical marijuana dispensary.
Notwithstanding compliance with specific conditional use standards
hereinafter set forth, conditional uses shall require site plan approval
by the appropriate board.
The Schedule of Area and Bulk Requirements, dated October 6,
2020, located in the Appendix at the end of this chapter, is hereby made part of this chapter. The area, yard and
building requirements set forth therein shall be considered the minimum
standards and requirements governing the use of land in the City,
and should there be a similar regulation which is more restrictive
in this chapter or any other City ordinance or statute affecting any
application hereunder, the more restrictive provision shall apply.
The control and regulation of the uses of buildings and structures,
as herein provided, shall equally apply to the nature and extent of
the use of the land.
Structures which are accessory to a principal building or use
shall be subject to the regulations of this section.
A. General requirements.
1. No accessory building shall be constructed on any lot on which there
is not a principal building.
2. Any accessory structure shall be considered part of the principal
building for the purposes of determining setbacks when attached by
any means to the principal building, or greater than 100 square feet
in area and located within five feet of the principal building.
3. Accessory uses prohibited in all zones include, but are not limited
to, the following:
b. Aboveground storage tanks for combustible, flammable or other liquids,
excluding propane tanks up to five gallons for outdoor grills and
backup generator diesel storage up to 500 gallons in nonresidential
zones and contained within the generator unit.
B. The following requirements shall apply in all residential zones:
1. No accessory building shall be used as a dwelling unit or for the
conduct of a home occupation.
2. In residential zones, no accessory building or structure shall have
a floor or ground area in excess of 576 square feet, nor shall any
dimension be longer than 24 feet.
3. Except as specifically permitted elsewhere in this chapter, no accessory
building or structure shall exceed 15 feet in height. Detached garages
and pool houses for single- and two-family homes may exceed the maximum
fifteen-foot height requirement only when it is determined that such
an increase in height is required to match the roof pitch of the principal
building for purposes of design continuity, and where the required
setbacks of the accessory structure conform to the requirements of
this chapter. In no case shall garage or pool house height exceed
18 feet. The two lowest exterior walls of any accessory building or
structure shall not exceed a vertical dimension of 10 feet.
4. No detached accessory building or structure shall be permitted in
any front yard or side yard, except as otherwise permitted in this
chapter.
5. Detached accessory structures such as garages, sheds, and other passive
structures shall not be located less than four feet from rear or side
property lines in the required rear yard. Structures such as gym or
play sets, playhouses, tree houses, decks, pergolas, gazebos, firepits,
athletic courts, or other active structures shall not be located less
than 15 feet from the rear or side property lines in the required
rear yard. All accessory structures are prohibited between any part
of the front building facade and the street right-of-way, but on corner
lots they may be placed in a side yard, provided the four- or fifteen-foot
setback requirement is met, and provided further that the accessory
building or structure is set back from the street right-of-way line
at least two times the minimum required front yard setback for the
zone.
6. Accessory buildings shall be included in building area, lot coverage
and floor-area-ratio limitations, except as otherwise excluded in
the definition of "floor area, residential."
7. Any accessory building or structure attached to a principal building
is part of the principal building and shall adhere to the yard requirements
for the principal building.
8. Patios, decks, swimming pools, athletic courts and other accessory
structures shall be included when calculating lot coverage.
C. The following requirements shall apply in all nonresidential zones:
1. Accessory uses, buildings and structures shall only be permitted
to be located on a lot that contains a principal building.
2. Except as specifically permitted elsewhere in this chapter, no accessory
building or structure shall exceed 15 feet or be more than one story
in height.
3. No accessory building or structure shall be permitted in any front
yard.
4. Accessory buildings and structures shall meet the minimum side yard
requirements for principal buildings.
5. Active accessory buildings and structures, including, but not limited
to, maintenance buildings, workshops and spaces where work, repairs
or maintenance are performed, shall have a minimum rear yard setback
of 15 feet. Passive accessory structures such as storage buildings
and sheds shall have a minimum rear yard setback of four feet.
6. Accessory buildings and structures shall be located at least 10 feet
from another building or structure.
Nothing in this chapter shall be interpreted as prohibiting
public utility distribution facilities, such as water distribution
lines, sanitary sewer and telephone and electric distribution lines,
along with related attendant facilities, intended for local service,
which utility systems are permitted in all zone districts when approved
by the appropriate serving utility agency.
Before the issuance of any building permit or certificate of
occupancy for a nonresidential use, all of the following regulations
must be met:
A. Noise. All activities shall comply with §
3-8, Noise Restrictions, of the City's Revised General Ordinances.
B. Fire and explosion hazards. All activities shall be carried on only
in structures which conform to the standards of the National Fire
Protection Association or Factory Insurance Association or City Building
Code or Fire Prevention Code, whichever one is more restrictive. All
operations shall be carried on and combustible raw materials, fuels,
liquids and finished products shall be stored in accordance with the
standards of said National Fire Protection Association or Factory
Insurance Association.
C. Odors. There shall be no emission of odorous gases or other odorous
matter in such quantity as to be readily detectable without instruments.
D. Smoke, dust, gases and other forms of air pollution. There shall
be no emission of smoke, dust, gases or other forms of air pollution
which would in any way violate the New Jersey Air Pollution Control
Laws or the New Jersey Air Pollution Control Code (see N.J.S.A. 26:2C-1
et seq. and N.J.A.C. 7:27-1.1 et seq.).
E. Liquid and solid wastes. There shall be no discharge at any point
of treated or untreated sewage or industrial waste into any stream,
lake, reservoir or into the ground of any material which may contaminate
the water supply or endanger human health and welfare. No industrial
waste shall be discharged into any system, nor shall any wastes be
discharged into the public sewer system, which are dangerous to the
public health and safety. All methods of sewage and industrial waste
treatment and disposal shall be approved, as applicable, by the New
Jersey Department of Environmental Protection, the City Board of Health
and the City Engineer. All methods of treatment and disposal shall
comply with the requirements of these agencies.
F. Radioactivity. No activities shall be permitted which cause radioactivity
in violation of 10 CFR 1.20 entitled "Standards for Protection Against Radiation,"
dated June 16, 1957, or any subsequent revision or amendment thereto.
G. Vibration. There shall be no vibration which is discernible to the
human sense of feeling beyond the immediate side on which such use
is conducted.
H. Glare and heat. No operation will be conducted which will produce
heat or direct or sky-reflected glare beyond the property line of
the lot on which the use is located. Industrial and exterior lighting
shall be used in such a manner that it produces no glare on public
highways and neighboring property.
I. Utilities. All telephone and electric service on the property shall
be by underground conduit.