Principal permitted uses in the Business B-2
District are as set forth in the Schedule of Use, Area and Bulk Regulations
included at the end of this chapter.
The following uses are specifically prohibited
in the Business B-2 District:
A.
Automobile service establishments.
B.
Fast-food establishments.
C.
Laundry or dry-cleaning establishments.
D.
Drive-in theaters.
E.
Funeral parlors.
F.
Gasoline filling and service stations.
G.
Automobile laundries.
H.
Automobile storage and repair garages.
I.
Used car sales establishments.
J.
Animal hospitals and clinics.
K.
Shooting galleries.
L.
Skating rinks.
M.
Bowling alleys.
N.
Billiard parlors.
O.
Dance halls.
P.
Discotheques.
Q.
Manufacturing, processing and assembly enterprises.
R.
Building and construction supply businesses.
S.
Milk depots.
T.
Warehouse and similar storage facilities.
U.
Wholesale establishments.
V.
Any use prohibited in a B-1, B-3 or I District.
All uses in the Business B-2 District shall
require site plan approval by the Planning Board.
Conditional uses in the Business B-2 District
are as set forth in the Schedule of Use, Area and Bulk Regulations
included at the end of this chapter, with the following conditions:
A.
In the B-2 District, new car establishments and establishments
duly licensed by the State of New Jersey as follows:
[Amended 7-26-2021 by Ord. No. 1415]
(1)
Class
1 Cannabis Grower License – grows, cultivates, or produces cannabis
in this state, and sells, and may transport, this cannabis to other
cannabis growers, cannabis processors, cannabis wholesalers, or cannabis
retailers, but not to consumers. A cannabis grower may also be referred
to as a “cannabis cultivation facility.”
(2)
Class
2 Cannabis Processor License – processes cannabis items in this
state by purchasing or otherwise obtaining cannabis, manufacturing,
preparing, and packaging cannabis items, and selling, and optionally
transporting, these items to other cannabis processors, cannabis wholesalers,
or cannabis retailers, but not to consumers. A cannabis processor
may also be referred to as a “cannabis product manufacturing
facility.”
(3)
Class
3 Cannabis Wholesaler License – purchases or otherwise obtains,
stores, sells or otherwise transfers, and may transport, cannabis
items for the purpose of resale or other transfer either to another
cannabis wholesaler or to a cannabis retailer, but not to consumers.
(4)
Class
4 Cannabis Distributor License – transports cannabis items in
bulk intrastate, from one licensed cannabis establishment to another
licensed cannabis establishment and may engage in the temporary storage
of cannabis items as necessary to carry out transportation activities,
but not to consumers.
(5)
Class
6 Cannabis Delivery License – provides courier services for
a cannabis retailer in order to make deliveries of cannabis items
and related supplies to a consumer.
(6)
Class
5 Cannabis Retailer License – purchases or otherwise obtains
cannabis from cannabis growers and cannabis items from cannabis processors
or cannabis wholesalers, and sells these to consumers from a retail
store, and may use a cannabis delivery service or a certified cannabis
handler for the off-premises delivery of cannabis items and related
supplies to consumers.
[Amended 10-16-2023 by Ord. No. 1469]
(7)
These
uses are permitted as a conditional use subject to the approval by
the Planning Board of a conditional use application and subject to
the regulations included in the Schedule of Use, Area and Bulk Regulations
included at the end of this chapter and the following conditions and
limitations:
(a)
All of the area of the minimum front setback
shall be landscaped, except that a five-foot area immediately in front
of the building shall be permitted and except that exit and entry
points for driveways shall be permitted.
(b)
There shall be no exterior display of cars for
sale, except on that portion of the lot which is to the rear of the
rear building line. In any area in which cars are displayed for sale,
there will be a six-foot-high wall or fence, which is visually impervious,
which shall be placed on the property line.
(c)
There will be no exterior amplification of sound
anywhere on the site.
(d)
There will be no exterior display of flags,
pennants or banners anywhere on the site, except for one American
flag.
(e)
Parking will be permitted in the rear yard,
but not closer than five feet to the property line. Similarly, parking
will be permitted in the side yards, but only that portion of the
side yards which are interior to a projection of the rear building
line. However, the parking shall not be closer than within five feet
of the property line. The five-foot area in which no parking is permitted
will be landscaped. No parking shall be permitted in any portion of
the front yard.
(f)
There will be no loading or unloading of automobiles
from the highway.
(g)
As an incident to and subordinate to the new
car sales, the sale of used cars will be permitted, as well as servicing
also incident to and subordinate to the new car sales establishment.
(h)
There shall be one parking space for every 350
square feet of interior building area.
(i)
All of the provisions of the B-2 District which
are not in conflict with the within provisions shall be applicable
to new car establishments and establishments duly licensed by the
State of New Jersey for cannabis as defined above and its related
items in any form in compliance with New Jersey Statutes and regulations.
(j)
The provisions of Chapter 227, Subdivision of Land, and Chapter 218, Stormwater Management, shall be applicable to new car establishments and establishments duly licensed by the State of New Jersey for cannabis as defined above and its related items in any form in compliance with New Jersey Statutes and regulations as shall all other ordinances of the Township not otherwise inconsistent with the conditional use provision of this subsection.
(k)
On-site lights will be reflected downwards and
away from residential areas.
(l)
There shall be no exterior display of cannabis, marijuana, weed or
pot in any form or signage which can be viewed either on the exterior
of the building or through the windows of the building. On that portion
of the lot which is to the rear of the rear building line there will
be a six-foot-high fence erected which will be visually no less than
50% clear, which shall be placed on the property line.
(m)
All deliveries related to cannabis and related products will be made
through the rear entrance of the building.
(n)
For business establishments duly licensed by the State of New Jersey
for cannabis as defined above there shall be one parking space for
every 100 square feet of interior building area.
(o)
For business establishments duly licensed by the State of New Jersey
for cannabis as defined above it is required to install special electrostatic
devices which will be designed to eliminate fumes from this product
leaking into the atmosphere outside the building.
(p)
In all Zones in the Township, consumption of cannabis in any form
and smoking of cannabis and use of its related items is strictly prohibited
indoors and outdoors on public property. The operation of a café
for the purpose of consuming cannabis and its related products in
any form in compliance with New Jersey Statutes and regulations is
prohibited.
(q)
Within the B-2 District, no establishments duly licensed by the State
of New Jersey for cannabis as defined above shall be located closer
than 500 feet from a similar establishment. Additionally, no establishments
duly licensed by the State of New Jersey for cannabis as defined above
shall be located closer than 1,000 feet from any school building.[1]
[1]
Editor'S Note: Former Subsection A(7)(r), which prohibited
Class 5 Cannabis Retailer Licenses and immediately followed this subsection,
was repealed 10-16-2023 by Ord. No. 1469.
B.
Billboards or off-site advertising signs.
[Amended 3-21-2011 by Ord. No. 1117]
(1)
In the Business B-2 District, billboards or off-site
advertising signs are permitted as a conditional use and constitute
a "principal use," subject to the approval of the Planning Board of
a conditional use application and subject to the following conditions
and limitations:
(a)
No more than one such billboard or off-site advertising sign
shall be permitted on any single lot.
(b)
Billboards or off-site advertising shall only be permitted on
properties contiguous with the right-of-way line of Route 46.
(c)
The minimum setback from the Route 46 right-of-way to the closest
sign edge shall be five feet. The minimum setback from any other property
line shall be 10 feet. The minimum distance from any ground-mounted
structural feature of the sign with less than 14 feet of clearance
to grade shall be 25 feet from the Route 46 right-of-way.
(d)
The maximum sign area, per side, shall be 675 square feet.
(e)
If a billboard is located within 500 feet of any interchange,
within 500 feet of any right-of-way for any tunnel, bridge, underpass
or overpass, or within 500 feet of any street intersection, a site-specific
traffic study shall be performed with respect to confirmation of sight
distances and traffic safety (this shall not prohibit the Planning
Board from requesting a similar study for any other such billboard
they determine requires such study).
(f)
No two billboards or off-site advertising signs located upon,
or oriented towards traffic traveling upon, the same side of the highway
shall be spaced less than 2,000 feet apart; nor shall any billboard
or off-site advertising signs shall be located within a five-hundred-foot
radius of any other billboard or off-site advertising sign. This distance
shall be measured along a straight line between the two nearest points
of the signs.
(g)
The minimum distance between billboards or off-site advertising
signs that are visible to historic sites, schools, churches, hospitals,
retirement or nursing homes, cemeteries, government buildings, public
parks, playground recreation areas, convention centers or any area
where billboards are prohibited shall be 500 feet. Any sign within
this distance shall have a site-specific study performed to demonstrate
to the satisfaction of the Planning Board the impacts of such sign
on the existing use and significant deleterious impacts will be grounds
for rejection of such application.
(h)
All billboards or off-site advertising signs shall be constructed
to confine their lines of sight to Route 46.
(i)
No billboard or off-site advertising sign shall be permitted
which, because of its size, shape or location, may obscure or obstruct
the view of vehicular or pedestrian traffic or be confused with any
authorized traffic control sign, signal or device.
(j)
The billboard or off-site advertising sign shall not obstruct,
impair or diminish the visibility of any existing sign or structure
adjacent to Route 46.
(k)
In addition to the site plan review standards required by the
Little Falls Township Code, the following specific site plan items
shall be required for billboards or off-site advertising signs:
[1]
Elements of site plan review, including traffic safety, lighting,
landscaping, visual impact, environmental impact, drainage and other
related elements.
[2]
Structural analysis of the billboard or off-site advertising
sign, including soils investigation, wind load review, earthquake
analysis and other related elements.
[3]
Lighting of any billboard or off-site advertising sign shall
be designed to avoid glare and spillover and to limit the illuminated
areas to the face of the sign.
[4]
Landscaping shall be required around the base of the billboard
or off-site advertising sign and may be required elsewhere on the
lot to provide a positive aesthetic effect.
[5]
No billboard or off-site advertising sign shall be rotating.
This does not include the changing message of a digital sign but refers
to rotation of the face or structure of a sign.
[6]
No billboard or off-site advertising sign shall be placed on
the roof of any building nor shall any portion of the sign extend
over the vertical projection of any roof line.
(l)
The maximum height of billboards shall be 50 feet as measured
from the elevation of the white line on the edge of the adjacent highway,
or the edge of the road pavement if a white line does not exist, at
a point perpendicular to the sign, to the top of the sign.
[Added 12-19-2011 by Ord. No. 1145]
(2)
Escrow account for professional review fees. Upon
submission of an application for a permit for a billboard or off-site
advertising sign hereunder, an applicant shall be required to establish
an escrow account with the Township of Little Falls (Planning Board)
pursuant to N.J.S.A. 40:55D-53.1 and N.J.S.A. 40:55D-53.2. The Little
Falls Township Planning Board is authorized to retain, without payment
from the Township, any expert, professional or other expert witness
it may require in such areas as traffic safety, lighting, landscaping,
visual impact, environmental impact, drainage and other related elements
(but) not limited to the aforementioned.
(a)
Upon receipt of the application for a permit
for a billboard or off-site advertising sign, the Little Falls Planning
Board shall forward to said professionals, if it deems it necessary,
the application and accompanying documents within seven days of receipt
of the application and documents. The professionals shall submit to
the Little Falls Planning Board Chairperson or his/her designee an
estimate of funds sufficient in amount to undertake the services to
be rendered. The professional shall submit the estimate of funds to
the applicant simultaneously. The applicant shall immediately deposit
such funds in an escrow account maintained by the Township Treasurer.
Prior to drawing monies out of the escrow account, each professional
engaged by the Little Falls Planning Board shall submit a voucher
in accordance with N.J.S.A. 40A:5-16 et seq. to the Little Falls Planning
Board Chairperson or his/her designee for approval. In the event the
applicant disputes any charges made by the professionals reviewing
the application, any such appeal shall be made in accordance with
the procedures set forth under N.J.S.A. 40:55D-53.2(a).
(b)
The applicant may appeal, by written request,
the amount of the escrow to the Little Falls Planning Board. The Planning
Board shall make a determination as to the reasonableness and necessity
of the fee. Such appeal must be made within seven days from the date
of the applicant receives the estimate of funds.
(c)
Should additional funds be required after the
original funds are exhausted, the applicant shall place sufficient
monies in the aforesaid escrow account. Any monies left in the escrow
account after the determination of the application shall be returned
to the applicant simultaneously with payment of the voucher(s) for
the Little Falls Planning Board's professional(s).
(d)
The Little Falls Planning Board shall take no
formal action on any billboard or off-site advertising sign application
unless and until escrow funds have been deposited with the Township,
and any time limitations set forth hereunder should be extended until
all such escrow funds are deposited with the Township.
