In addition to the general goals listed in the preamble and § 360-2, the districts established in this article are intended to achieve the following:
A. 
To provide sufficient space, in appropriate locations, to meet the Borough's anticipated future needs for manufacturing and related activity, with due allowance for the need for a range of choice sites.
B. 
To provide, as far as possible, that land most suitable for manufacturing and related activities will be available to them by prohibiting the use of such land by new residential development, and at the same time, to protect residents by separating them from manufacturing activities.
C. 
To encourage manufacturing development which is free from hazards of fire, offensive noise, vibration, smoke, odors, glare or other objectionable effects.
D. 
To protect manufacturing and related development against congestion, as far as is possible and appropriate to each district, by limiting the bulk of buildings in relation to the land around them and to one another and by providing the off-street parking and loading facilities such development requires.
E. 
To promote the most desirable use of land and direction of building development in accord with a well considered plan, to promote stable manufacturing and related development, to strengthen the economic base of the Borough, to protect the character of particular industrial areas and their peculiar suitability to particular uses, to conserve the value of land and buildings and to protect the Borough's tax revenues.
A. 
Use regulations.
(1) 
Uses by right. In any M-1 District, land, buildings or premises shall be used by right only for one or more of the following:
(a) 
Laboratory or research facilities, including keeping small animals customarily used in scientific laboratories, provided that such animals are kept within the main buildings in a sanitary manner.
(b) 
Appliance and machinery repair and reconditioning, including automotive parts.
(c) 
Business and office machines, sales, service and repair.
(d) 
Electrical and electronic products, assembly from components.
(e) 
Electrical and other small devices, manufacture, including circuits, registers and dials.
(f) 
Optical products manufacture, provided that proper traps are installed in sewerage lines for grinding residue.
(g) 
Photographic processing, duplicating, including blueprinting.
(h) 
Plastics-coating, assembly, molding from previously prepared materials.
(i) 
Precision instruments, e.g., surgical, manufacture, sales and service.
(j) 
Woodworking; cabinetmaking.
(k) 
Finishing, no pickling, aluminizing or anodizing process shall be allowed.
(l) 
Public utilities, including office and enclosed service facilities.
(m) 
Sales offices, without a warehouse but permitting the keeping and display of a sample stock.
(n) 
Gasoline service stations.
(o) 
Eating and drinking establishments, including bars, taverns, restaurants or tearooms.
(p) 
Private swimclubs.
(q) 
Any other use which the Planning Board determines to be of a substantially similar character to those above.
(2) 
Accessory uses. Only the following accessory uses shall be permitted:
(a) 
Customary accessory uses in manufacturing districts.
(b) 
Restaurants or cafeterias for the use of employees of the premises.
(c) 
Assembly halls or recreation halls for the use of employees of the premises.
(3) 
Protective controls. In the permitted uses, all power shall be electrically driven, and the largest motor used in any manufacturing, assembly or other lawful process shall be limited to a capacity of five horsepower. Air-conditioning machinery is excepted. Any manufacturing or processing operation requiring heat in excess of 1,000° F. shall not be allowed. All uses established in a manufacturing district shall be operated so as to avoid the excessive emission of smoke, dust, odor and noise and shall further comply with all state regulations and requirements of the various federal agencies with respect to electromagnetic interference, radioactive emission, vibration and the emission of toxic and corrosive gases.[1]
[1]
Editor's Note: Original § 128-28, Subsection A(4), regarding gasoline selling or service stations, of the 1982 Code, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Area and bulk regulations.
(1) 
The following regulations shall be observed:
(a) 
Lot size: 20,000 square feet.
(b) 
Lot width: 100 feet.
(c) 
Lot improvement coverage: 40% maximum.
[Amended 6-14-2005 by Ord. No. 811]
(d) 
Front yard: 50 feet.
(e) 
Side yards: 30 feet total, 10 feet minimum for one side.
(f) 
Rear yard: 10 feet.
(g) 
Maximum building height: 25 feet, chimneys and water towers excepted.
(2) 
Modification of yard and height requirements may be granted for designed single-ownership tracts of more than two acres, subject to Planning Board approval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Landscaping and screening. Whenever property in the M-1 Light Manufacturing and Research District abuts a residential district property, the following shall be observed:
[Amended 4-14-1981 by Ord. No. 412; amended 1-19-2006 by Ord. No. 830]
(1) 
A landscaped screen shall be planted and constructed on the commercial property along its lot line which abuts said residential district. The landscaped screen shall consist of the following:
(a) 
A five-foot-high nontransparent fence, capable of serving both as a visual screen and a protective barrier, shall be installed.
(b) 
Evergreen trees or other sturdy trees capable of providing a year-round visual screen shall be planted no more than 12 feet apart and no less than 2 1/2 feet from the fence and shall be at least six feet high at time of planting.
(c) 
Trees shall be protected against damage by motor vehicles in the event that off-street parking or loading facilities are provided nearby.
(d) 
Landscaped screens shall be maintained in good order and fences and trees repaired or replaced as necessary to the satisfaction of the Zoning Officer.
(e) 
Landscaping and screening and/or fencing shall be provided around any outdoor trash, refuse or recycling area, and shall be developed in an aesthetically pleasing manner. Collection vehicles shall be able to access the storage area without interference from parked vehicles or other obstacles. The trash enclosure shall have gates and doors to be closed when the collection truck is finished emptying the receptacle dumpster. The storage and upkeep of this area shall be in compliance with Chapter 258, Property Maintenance, Article I, General Regulations, as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
Off-street parking regulations.
(1) 
Standards.
(a) 
Off-street parking space or spaces, with proper and safe access from a street or road, shall be provided, within a structure or in the open, to serve adequately the uses on each lot within the district. Access lanes shall be paved to meet Borough standard street specifications.
(b) 
Parking space for one vehicle shall be at least nine feet by 18 feet in size and shall have an all-weather surface of blacktop, as a minimum, to provide safe and convenient access in all seasons.
[Amended 12-30-2009 by Ord. No. 942]
(c) 
No parking spaces shall be provided within any required front yard.
(2) 
Required off-street parking for new construction, enlargement or change in use: for all uses at least one space for each 1,000 square feet of floor area or two employees, whichever is greater.
E. 
Loading regulations.
(1) 
Standards.
(a) 
Off-street loading and unloading space or spaces, with proper and safe access from street or alley and with at least a fourteen-foot vertical loading clearance, twelve-foot width and thirty-five-foot length for each loading berth, shall be provided, either within the enclosure of structures or on the outside, to serve adequately the uses on each lot.
(b) 
Loading and unloading spaces shall have all-weather surfaces to provide safe and convenient access during all seasons.
(c) 
Access to loading facilities from a Borough street shall not be located at a distance less than 25 feet from any intersection.
(2) 
Required off-street loading berths for new construction, enlargement or change in use.
Use
Floor Area
(square feet)
Required Berths
All uses
First 2,000, or fraction thereof
1
Next 4,000, or fraction thereof
1
Each additional 6,000 or fraction thereof
1
F. 
Conditional use. The purpose of this subsection is to set forth the requirements and procedures applicable to conditional uses in the M-1 Light Manufacturing and Research District in accordance with N.J.S.A. 40:55D-67. A conditional use shall not be approved for any site unless the use is specifically approved as a conditional use in the zone for which it is proposed by the Planning Board. Conditional uses shall be permitted in the M-1 Light Manufacturing and Research District as follows:
[Added 12-11-2018 by Ord. No. 1100; amended 7-13-2021 by Ord. No. 1146; 4-12-2022 by Ord. No. 1153]
(1) 
Alternative treatment centers which are authorized to grow and provide registered qualifying patients with usable marijuana and related paraphernalia (including cultivation, manufacturing, and/or dispensing of medical marijuana), in accordance with the provisions of the New Jersey Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1 et seq., provided the following conditions are met:
(a) 
No alternate treatment center shall be located within 200 feet of the main entrance of any building used for school purposes or which is owned by or leased to any elementary school, secondary school or school board.
(b) 
No alternate treatment center shall be located within 50 feet of any R-1, R-2, R-3, R-4 and RC-5 Residential Zoning Districts.
(c) 
No alternate treatment center shall be located within 200 feet of another similar facility (i.e., alternative treatment center or authorized recreational marijuana retail facility).
(d) 
Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12.
(e) 
A site plan application has been made for the lot, and the Planning Board has approved such conditional use, and the requirements and conditions of site plan/conditional use have been met.
(f) 
The proposed facility shall be so located and of such size and character that, in general, it shall be in harmony with the existing development in the general area in which it is proposed to be situated, and the use shall be free of nuisance characteristics detectable to normal senses beyond the boundaries of the property (including noise, vibration, dust, odor and sanitation).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(g) 
In addition to the above:
[1] 
The location, size, activity, site layout, street access, pedestrian and vehicular movement and possible assembly of people shall be harmonious with surrounding land uses.
[2] 
The location and height of buildings, fences and landscaping shall not discourage the appropriate development and use or materially affect property values of the adjacent properties.
(h) 
Hours of operation shall be restricted to 9:00 a.m. to 8:00 p.m.
(i) 
Use or consumption in any manner of marijuana is not permitted on the premises of any medical marijuana dispensary at any time.
(j) 
Persons under the age of 21 years of age are not permitted to be on the premises of any medical marijuana dispensary at any time unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian.
(k) 
Advertisements, displays of merchandise, signs or any other exhibit depicting the activities of the dispensary placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such building or premises.
(l) 
Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to a dispensary, including but not limited to prerecorded or live music or sounds, is prohibited.
(m) 
There shall be no more than a total of two alternative treatment centers and/or authorized recreational marijuana retail facilities in the Borough of Barrington.
(2) 
Authorized recreational marijuana retail facility, involving the sale of marijuana and related paraphernalia for recreational purposes to members of the general public, if permitted by state law, provided the following conditions are met:
(a) 
No authorized recreational marijuana facility shall be located within 200 feet of the main entrance of any building used for school purposes or which is owned by or leased to any elementary school, secondary school or school board.
(b) 
No authorized recreational marijuana facility shall be located within 50 feet of any R-1, R-2, R-3, R-4 and RC-5 Residential Zoning Districts.
(c) 
No authorized recreational marijuana facility shall be located within 200 feet of another similar facility (i.e., alternative treatment center or authorized recreational marijuana retail facility).
(d) 
Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12.
(e) 
A site plan application has been made for the lot, and the Planning Board has approved such conditional use, and the requirements and conditions of site plan/conditional use have been met.
(f) 
The proposed facility shall be so located and of such size and character that, in general, it shall be in harmony with the existing development in the general area in which it is proposed to be situated, and the use shall be free of nuisance characteristics detectable to normal senses beyond the boundaries of the property (including noise, vibration, dust, odor and sanitation).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(g) 
In addition to the above:
[1] 
The location, size, activity, site layout, street access, pedestrian and vehicular movement and possible assembly of people shall be harmonious with surrounding land uses.
[2] 
The location and height of buildings, fences and landscaping shall not discourage the appropriate development and use or materially affect property values of the adjacent properties.
(h) 
Hours of operation shall be restricted to 9:00 a.m. to 8:00 p.m.
(i) 
Use or consumption of marijuana is not permitted on the premises of an authorized recreational marijuana retail facility.
[Amended 3-14-2023 by Ord. No. 1168]
(j) 
Persons under the age of 21 years of age are not permitted to be on the premises of any authorized recreational marijuana retail facility at any time unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian.
(k) 
Advertisements, displays of merchandise, signs or any other exhibit depicting the activities of the dispensary placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such building or premises.
(l) 
Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to a dispensary, including but not limited to prerecorded or live music or sounds, is prohibited.
(m) 
There shall be no more than a total of two alternative treatment centers and/or authorized recreational marijuana retail facilities in the Borough of Barrington.
A. 
Use regulations.
(1) 
Uses by right. In any M-2 District, land, buildings or premises shall be used by right only for one or more of the following:
(a) 
Electronics manufacture of parts, assembly from components.
(b) 
Glass and glass products manufacture.
(c) 
Metals and metal products fabrication and assembly.
(d) 
Packaging materials and products processing and assembly.
(e) 
Pharmaceuticals and cosmetics processing from previously prepared ingredients; packing.
(f) 
Plastics, coating, assembly, molding from previously prepared materials.
(g) 
Woodworking; cabinetmaking.
(h) 
Public utilities, service and storage.
(i) 
Warehousing storage.
(j) 
Any other use which the Planning Board determines to be of a substantially similar character to those above.
(2) 
Accessory uses. Only the following accessory uses shall be permitted:
(a) 
Customary accessory uses in manufacturing districts.
(b) 
Restaurants or cafeterias for the use of employees of the premises.
(c) 
Assembly halls or recreation halls for the use of employees of the premises.
(3) 
Protective controls. All uses established in a manufacturing district shall be operated so as to avoid the excessive emission of smoke, dust, odor and noise and shall further comply with all state regulations and requirements of the various federal agencies with respect to electromagnetic interference, radioactive emission, vibration and the emission of toxic and corrosive gases.
B. 
Area and bulk regulations.
(1) 
The following regulations shall be observed:
(a) 
Lot size: 20,000 square feet.
(b) 
Lot width: 100 feet.
(c) 
Lot improvement coverage: 65% maximum.
[Amended 6-14-2005 by Ord. No. 811]
(d) 
Front yard: 30 feet.
(e) 
Side yards: 30 feet total; 10 feet minimum one side; in the case of a corner lot, no less than 10 feet.
[Amended 8-14-1990 by Ord. No. 551]
(f) 
Rear yard: 30 feet.
(g) 
Maximum building height: 33 feet.
(2) 
Modifications of yard height requirements may be granted for designed single-ownership tracts of more than two acres, subject to Planning Board approval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Landscaping and screening. Whenever property in the M-2 Manufacturing District abuts a residential district property, the following shall be observed:
[Amended 4-14-1981 by Ord. No. 412; 1-19-2006 by Ord. No. 830]
(1) 
A landscaped screen shall be planted and constructed on the commercial property along its lot line which abuts said residential district. The landscaped screen shall consist of the following:
(a) 
A five-foot-high nontransparent fence, capable of serving both as a visual screen and a protective barrier, shall be installed.
(b) 
Evergreen trees or other sturdy trees capable of providing a year-round visual screen shall be planted no more than 12 feet apart and no less than 2 1/2 feet from the fence and shall be at least six feet high at the time of planting.
(c) 
Trees shall be protected against damage by motor vehicles in the event that off-street parking or loading facilities are provided nearby.
(d) 
Landscaped screens shall be maintained in good order and fences and trees repaired or replaced as necessary to the satisfaction of the Zoning Officer.
(e) 
Landscaping and screening and/or fencing shall be provided around any outdoor trash, refuse or recycling area, and shall be developed in an aesthetically pleasing manner. Collection vehicles shall be able to access the storage area without interference from parked vehicles or other obstacles. The trash enclosure shall have gates and doors to be closed when the collection truck is finished emptying the receptacle dumpster. The storage and upkeep of this area shall be in compliance with Chapter 258, Property Maintenance, Article I, General Regulations, as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
Off-street parking regulations.
(1) 
Standards. Off-street parking space or spaces, with proper and safe access from a street or road, shall be provided, within a structure or in the open, to serve adequately the uses on each lot within the district. Access lanes shall be paved to meet Borough standard street specifications. Parking space for one vehicle shall be at least 10 by 20 feet in size and shall have an all-weather surface of blacktop to provide safe and convenient access in all seasons. No parking spaces shall be provided within any required front yard.
(2) 
Required off-street parking for new construction, enlargement or change in use.
Use
At Least 1 Space for Each
Manufacture
1,000 square feet of floor area or 2 employees, whichever is greater
Wholesale
2,500 square feet of floor area or 3 employees, whichever is greater
E. 
Loading regulations.
(1) 
Standards.
(a) 
Off-street loading and unloading space or spaces, with proper and safe access from a street or alley and with at least a fourteen-foot vertical loading clearance, twelve-foot width and thirty-five-foot length for each loading berth, shall be provided, either within the enclosure of structures or on the outside, to serve adequately the uses on each lot.
(b) 
Loading and unloading spaces shall have all-weather surfaces to provide safe and convenient access during all seasons.
(c) 
Access to loading facilities from a Borough street shall not be located at a distance less than 25 feet from any intersection.
(2) 
Required off-street loading berths for new construction, enlargement or change in use.
Use
Floor Area
(square feet)
Required Berths
All uses
First 2,000 or fraction thereof
1
Next 4,000 or fraction thereof
1
Each additional 6,000 or fraction thereof
1
F. 
Conditional use. The purpose of this subsection is to set forth the requirements and procedures applicable to conditional uses in the M-2 Manufacturing District in accordance with N.J.S.A. 40:55D-67. A conditional use shall not be approved for any site unless the use is specifically approved as a conditional use in the zone for which it is proposed by the Planning Board. Conditional uses shall be permitted in the M-2 Manufacturing District as follows:
[Added 12-11-2018 by Ord. No. 1100; amended 7-13-2021 by Ord. No. 1146; 4-12-2022 by Ord. No. 1153]
(1) 
Alternative treatment centers which are authorized to grow and provide registered qualifying patients with usable marijuana and related paraphernalia (including cultivation, manufacturing, and/or dispensing of medical marijuana), in accordance with the provisions of the New Jersey Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1 et seq., provided the following conditions are met:
(a) 
No alternate treatment center shall be located within 200 feet of the main entrance of any building used for school purposes or which is owned by or leased to any elementary school, secondary school or school board.
(b) 
No alternate treatment center shall be located within 50 feet of any R-1, R-2, R-3, R-4 and RC-5 Residential Zoning Districts;
(c) 
No alternate treatment center shall be located within 200 feet of another similar facility (i.e., alternative treatment center or authorized recreational marijuana retail facility).
(d) 
Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12.
(e) 
A site plan application has been made for the lot, and the Planning Board has approved such conditional use, and the requirements and conditions of site plan/conditional use have been met.
(f) 
The proposed facility shall be so located and of such size and character that, in general, it shall be in harmony with the existing development in the general area in which it is proposed to be situated, and the use shall be free of nuisance characteristics detectable to normal senses beyond the boundaries of the property (including noise, vibration, dust, odor and sanitation).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(g) 
In addition to the above:
[1] 
The location, size, activity, site layout, street access, pedestrian and vehicular movement and possible assembly of people shall be harmonious with surrounding land uses.
[2] 
The location and height of buildings, fences and landscaping shall not discourage the appropriate development and use or materially affect property values of the adjacent properties.
(h) 
Hours of operation shall be restricted to 9:00 a.m. to 8:00 p.m.
(i) 
Use or consumption in any manner of marijuana is not permitted on the premises of any medical marijuana dispensary at any time.
(j) 
Persons under the age of 21 years of age are not permitted to be on the premises of any medical marijuana dispensary at any time unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian.
(k) 
Advertisements, displays of merchandise, signs or any other exhibit depicting the activities of the dispensary placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such building or premises.
(l) 
Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to a dispensary, including but not limited to prerecorded or live music or sounds, is prohibited.
(m) 
There shall be no more than a total of two alternative treatment centers and/or authorized recreational marijuana retail facilities in the Borough of Barrington.
(2) 
Authorized recreational marijuana retail facility, involving the sale of marijuana and related paraphernalia for recreational purposes to members of the general public, if permitted by state law, provided the following conditions are met:
(a) 
No authorized recreational marijuana facility shall be located within 200 feet of the main entrance of any building used for school purposes or which is owned by or leased to any elementary school, secondary school or school board.
(b) 
No authorized recreational marijuana facility shall be located within 50 feet of any R-1, R-2, R-3, R-4 and RC-5 Residential Zoning Districts.
(c) 
No authorized recreational marijuana facility shall be located within 200 feet of another similar facility (i.e., alternative treatment center or authorized recreational marijuana retail facility).
(d) 
Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12.
(e) 
A site plan application has been made for the lot, and the Planning Board has approved such conditional use, and the requirements and conditions of site plan/conditional use have been met.
(f) 
The proposed facility shall be so located and of such size and character that, in general, it shall be in harmony with the existing development in the general area in which it is proposed to be situated, and the use shall be free of nuisance characteristics detectable to normal senses beyond the boundaries of the property (including noise, vibration, dust, odor and sanitation).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(g) 
In addition to the above:
[1] 
The location, size, activity, site layout, street access, pedestrian and vehicular movement and possible assembly of people shall be harmonious with surrounding land uses.
[2] 
The location and height of buildings, fences and landscaping shall not discourage the appropriate development and use or materially affect property values of the adjacent properties.
(h) 
Hours of operation shall be restricted to 9:00 a.m. to 8:00 p.m.
(i) 
Use or consumption of marijuana is not permitted on the premises of an authorized recreational marijuana retail facility.
[Amended 3-14-2023 by Ord. No. 1168]
(j) 
Persons under the age of 21 years of age are not permitted to be on the premises of any authorized recreational marijuana retail facility at any time unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian.
(k) 
Advertisements, displays of merchandise, signs or any other exhibit depicting the activities of the dispensary placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such building or premises.
(l) 
Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to a dispensary, including but not limited to prerecorded or live music or sounds, is prohibited.
(m) 
There shall be no more than a total of two alternative treatment centers and/or authorized recreational marijuana retail facilities in the Borough of Barrington.