Bordentown City Zoning Code
ARTICLE XVI
Conditional Uses
§ 300-96 Procedure established.
These uses, as designated in the particular zone districts, may be established only in accordance with the following procedure and only after the following criteria are met.
§ 300-97 Application for conditional use.
Application for a conditional use shall be made to the Planning Board pursuant to the authority of N.J.S.A. 40:55D-67 (or to the Zoning Board of Adjustment, pursuant to the authority of N.J.S.A. 40:55D-76b). The application shall be made in accordance with the instructions of the Planning Board and shall be accompanied by a site plan prepared in accordance with the requirements of Chapter 244, Subdivision of Land and Site Plan Approval.
§ 300-98 Notice of hearing required.
The applicant shall give notice pursuant to the requirements of N.J.S.A. 40:55D-12, such notice setting forth the date, time and place of the hearing and the nature of the matter to be considered, pursuant to the authority of N.J.S.A. 40:55D-11 only after such date of the hearing shall have been fixed, after a determination that the application is complete, in accordance with the procedures of said Planning Board.
§ 300-99 Issuance of permit.
The Board shall not order, direct or authorize the issuance of a permit for a conditional use unless it shall find that such use:
A.
Is a use permitted in the zone district.
B.
Meets all the required conditions for said zone district and, in addition thereto, complies with all of the conditions hereinafter set forth for the specific conditional use listed.
C.
Meets the requirements set forth for the particular conditional use hereafter described.
§ 300-100 Public and institutional uses.
A.
The lot shall contain an area of at least three acres. In the event that it can be demonstrated that the proposed project can meet all of the other criteria necessary for the issuance of a permit on a lot containing less than three acres in area, the Board may reduce the lot area requirement but in no event reduce it less than the minimum lot size for the zone district in which the property is located.
B.
All buildings and structures erected on said site shall meet the yard and height requirements for the zone district in which they are located. In the event that it can be demonstrated that the proposed project can meet all of the other criteria necessary for the issuance of a permit on a lot, the Board may reduce the yard requirements when a reduction in lot area has been permitted but in no event reduce it less than the minimum yard requirements for the zone district in which the property is located.
C.
All buildings and structures to be erected on the tract shall be so designed and arranged in order to minimize the impact of the use on the established neighborhood scheme and shall be so designed as to harmonize, as far as possible, with the established architectural scheme of the neighborhood.
D.
Adequate provisions shall be made to provide a suitable buffer to provide a barrier to light and sound between the use sought to be established and abutting properties.
E.
Site plan approval shall be obtained in accordance with Chapter 244, Subdivision of Land and Site Plan Approval.
F.
Adequate parking shall be provided in accordance with the parking provisions set forth in Article XV, Off-Street Parking and Loading.
G.
Signs shall be permitted in accordance with the provisions of Article XVII, Signs, relating to highway commercial uses.
§ 300-101 Public utility uses.
A.
The lot shall contain the minimum lot area required in accordance with the zone district in which the lot is located, except that the Board may, for good cause shown, reduce the lot area requirement.
B.
All buildings shall be so designed as to conform to and harmonize with the general character of the area in which it is located and will not adversely effect the safe and comfortable enjoyment of properties in the zone.
C.
All structures shall be designed so as to be as unobtrusive as feasible and to blend in with the surroundings on the site.
D.
Adequate fencing must be provided in accordance with the recommendations of the Board in order to provide protection to the public.
E.
Adequate parking shall be required, as determined by the Board when considering the proposed use.
F.
Site plan approval shall be obtained in accordance with Chapter 244, Subdivision of Land and Site Plan Approval.
§ 300-102 Trucking terminals.
A.
The lot shall contain a minimum of 10 acres in area.
B.
The proposed lot shall be located within 500 feet of a state highway.
C.
The proposed lot shall be located at least 1,000 feet from a residential zone boundary.
D.
All buildings shall be located at least 200 feet from any property line.
E.
Paved areas shall not exceed 10 times the ground floor area of all buildings.
F.
The combined ground floor area of all buildings and paving areas shall not exceed 50% of the lot area.
G.
Fencing shall not be required but when provided shall be in a location and of a type approved by the Board and shall not exceed 10 feet in height and shall not be located within 100 feet of a street right-of-way line.
H.
A buffer consisting of dense evergreen shall be provided along the boundaries of all parking and loading areas to provide an adequate barrier to light and sound from all adjoining streets and properties.
I.
Separate vehicular entrances and exits shall be provided. Entrances and exits shall be at least 100 feet apart and shall be at least 24 feet wide.
J.
Site plan approval shall be obtained in accordance with Chapter 244, Subdivision of Land and Site Plan Approval.
K.
Adequate parking shall be provided in accordance with the parking provisions set forth in Article XV, Off-Street Parking and Loading. However, truck and trailer parking shall be located at least 25 feet from side and rear property lines and at least 100 feet from a street right-of-way line. There shall be at least three truck or trailer parking spaces for each loading bay. Aisles between truck and trailer parking spaces shall be at least 60 feet in width, and there shall be at least two off-street parking spaces for each loading bay.
L.
A truck terminal may include the following accessory uses: offices related to the principal use, dormitories providing temporary sleeping quarters for transient truckers, cafeterias serving trucking terminal employees and transient truckers, repairs and maintenance garages and refueling facilities for trucks and trailers otherwise using the trucking terminal.
M.
Signs shall be permitted in accordance with the provisions of Article XVII, Signs, relating to highway commercial uses.
§ 300-103 Cannabis businesses.
[Added 8-9-2021 by Ord. No. 2021-15; amended 11-8-2021 by Ord. No. 2021-25; 8-8-2022 by Ord. No. 2022-08[1]]
A.
Cannabis businesses, as set forth below, shall be permitted as conditional uses in certain zones. The purpose of this section is to set forth the requirements and procedures applicable to permitting certain cannabis businesses as conditional uses in accordance with N.J.S.A. 40:55D-67. All cannabis businesses shall be required to obtain site plan and conditional use approval, as set forth below, after obtaining state licensure approval. Such uses may be permitted when authorized as a conditional use by the Planning Board, including site plan approval and (if necessary) a conditional use variance approval by the Zoning Board pursuant to N.J.S.A. 40:55D-70(d)(3). Cannabis businesses shall comply with additional requirements set forth herein. Nothing herein shall prohibit the City from adopting a redevelopment plan permitting any type of cannabis establishment in a designated redevelopment area.
B.
The definitions for this section shall be the same as found in Chapter 139 of this Code.
C.
Cannabis retailers: Class V.
(1)
Cannabis retailers shall be permitted as a conditional use in the following zones in accordance with this chapter. The permitted conditional uses within Article IX, HC Highway Commercial Zone, as depicted on the Cannabis Overlay Zone Map[2] shall add:
(a)
Highway Commercial (HC).
[2]
Editor's Note: The Cannabis Overlay Zone Map is on file in the City offices.
(2)
Cannabis retailers are permitted subject to the following conditions:
(a)
Adherence to the site design standards of the City Zoning Ordinances, and through a review by the Zoning Official and the City Planning Board, is required.
(b)
Issuance of Bordentown City cannabis business license.
(c)
Site plan approval is required.
(d)
Cannabis retailers shall not be located within a drug-free school zone.
(e)
Retailers shall limit their hours of operation from 8:00 a.m. to 10:00 p.m., Monday to Sunday, or as otherwise provided for within a special use permit.
(f)
Cannabis retailers shall not be located within 500 feet of another cannabis retailer within the City of Bordentown. The distance shall be measured from door to door and shall be the most reasonable travel distance by foot.
[Amended 3-11-2024 by Ord. No. 2024-02]
(g)
Executed local host agreement.
D.
Alternative treatment centers, medical cannabis dispensaries, and academic medical center.
(1)
Alternative treatment centers (ATC) and medical cannabis dispensaries shall be permitted as a conditional use in the following zones in accordance with this chapter. The permitted conditional uses within Article IX, HC Highway Commercial Zone, as depicted on the Cannabis Overlay Zone Map,[3] shall add:
(a)
Highway Commercial (HC).
(b)
Ocean Spray Redevelopment Area (OSRA) (Park Street frontage only).
[3]
Editor's Note: The Cannabis Overlay Zone Map is on file in the City offices.
(2)
ATCs and medical cannabis dispensaries are permitted subject to the following criteria:
(a)
Adherence to the site design standards of the City Zoning Ordinances, through a review by the Zoning Official and the City Planning Board, is required.
(b)
Issuance of Bordentown City cannabis business license.
(c)
Site plan approval is required.
(d)
The retail component must front a public street.
(e)
ATCs/medical dispensaries shall not be located within a drug-free school zone.
(f)
Medical dispensaries may only sell usable cannabis-related product to individuals with an active MMP identification card or caregiver identification card.
(g)
Medical dispensaries may not participate in adult-use (21 years or older) sales unless specifically authorized and in compliance with this chapter and outside a drug-free school zone.
(h)
Executed local host agreement.
E.
Vertically integrated cannabis businesses.
(1)
Vertically integrated businesses proposing to relocate an existing license, or if the NJCRC begins reissuing such licenses, or an operator or multiple operators, under contract with one another, assemble cultivation and/or manufacturing, with retailing of cannabis within the same facility, they shall be permitted as a conditional use within the following zones in accordance with this chapter. In no event shall a vertically integrated property that dispenses cannabis be permitted two dispensary licenses without amendment to this chapter. The permitted conditional uses within Article IX, HC Highway Commercial Zone, and the Ocean Spray Redevelopment Plan as depicted on the Cannabis Overlay Zone Map[4] shall add:
(a)
Highway Commercial (HC).
(b)
Ocean Spray Redevelopment Area (OSRA).
[4]
Editor's Note: The Cannabis Overlay Zone Map is on file in the City offices.
(2)
Vertically integrated cannabis facilities are permitted subject to the following criteria:
(a)
Adherence to the site design standards of the City Zoning Ordinance through a review by the Zoning Official, and the City Planning Board when applicable, is required.
(b)
The property must have frontage along a major roadway, which, for the purposes of this chapter shall mean any roadway that retail is permitted to be located, e.g., Park Street, Route 130 and/or Route 206.
(c)
Issuance of Bordentown City cannabis business license.
(d)
Site plan approval is required.
(e)
Vertically integrated cannabis facilities may not be located within a drug-free school zone.
(f)
If proposing to assemble a vertical license within the HC Zone, the operation shall first begin with the retail operation before being able to co-locate with a cultivation and/or manufacturing license. If proposing to assemble a vertical license with the OSRA, the operation shall first begin with the cultivation and/or manufacturing license before being able to co-locate the retail license. In both cases, the area of the proposed premises utilized for cultivation and/or manufacturing shall be both screened by the retail operation and physically separated from the area of the premises utilized for the sales of cannabis that is open to the public or to patients. Walls, barriers, locks, signage, and other means shall be employed to prevent the public or patients from entering the area of the premises utilized for cultivation of medical cannabis.
(g)
Unusual odors, smells, fragrances, or other olfactory stimulants shall be prohibited. Odor mitigation filtration systems must be installed and maintained in perfect working order.
(h)
Light pollution, glare or brightness resulting from glow lamps must be 0.5 candle or less at the property line.
(i)
Noise beyond the decibel level permitted by City noise ordinances shall be prohibited.
(j)
Executed local host agreement.
F.
Cannabis cultivators, manufacturers, academic medical center, delivery, cannabis testing lab, and cannabis training facility.
(1)
These facilities shall be permitted as conditional uses in the following zones in accordance with this chapter. The permitted conditional uses within Article X, CI Commercial Industrial Zone, as depicted on the Cannabis Overlay Zone Map,[5] shall add:
(a)
Commercial Industrial (CI).
(b)
Ocean Spray Redevelopment Area (OSRA).
[5]
Editor's Note: The Cannabis Overlay Zone Map is on file in the City offices.
(2)
Such facilities shall be permitted subject to the following criteria:
(a)
Adherence to the site design standards of the City Zoning Ordinances through a review by the Zoning Official, and the City Planning Board, is required.
(b)
Issuance of Bordentown City cannabis business license.
(c)
Site plan approval is required.
(d)
No such facility shall be located in a drug-free school zone.
(e)
Secured in accordance with all applicable provisions as defined in the Act and outlined below.
(f)
No signage, other than directional or discrete building identification, shall be permitted. Signage shall remain innocuous, and part of the general directional signage typically found in industrial manufacturing facilities. Facade signs will be limited to those at the point of entry to the facility and may not be more than six square feet.
(g)
Unusual odors, smells, fragrances, or other olfactory stimulants shall be prohibited. Odor-mitigation filtration systems must be installed and maintained in perfect working order.
(h)
Light pollution, glare or brightness resulting from glow lamps must be 0.5 candle or less at the property line.
(i)
Noise beyond the decibel level permitted by City noise ordinances shall be prohibited.
(j)
Executed local host agreement.
G.
Cannabis delivery service. Nothing herein shall prohibit the delivery of cannabis within the City to consumers by a properly licensed cannabis delivery service.
H.
Microbusinesses. Microbusinesses are permitted as conditional uses within any area where cannabis businesses are permitted within the City according to their use category (i.e., dispensary, cultivation, or manufacturing). A microbusiness may also be located on the same premises as a nonmicrolicensee as long as training, or a business incubator or mentorship program, is being conducted. Certified copies of such agreements between entities shall be required.
I.
Additional requirements applicable to all cannabis businesses.
(1)
Samples of cannabis products offered for sale may be displayed on shelves, counters, and display cases. All bulk cannabis products shall be locked within a separate vault or safe, with no other items in the safe, securely fastened to a wall or floor, as coordinated with the Bordentown City Police Department, and allowable under permitting authority regulations and state legislation.
(2)
Signage.
(a)
External signage, including window signage, must be limited to text identifying the business and the logo for the business, provided that said logo does not include a cannabis plant leaf and/or outward glorification of cannabis consumption, where applicable.
(b)
All other City sign regulations must be complied with.
(3)
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.
(4)
Parking shall adhere to Ch. 300, Article XV, Off-Street Parking and Loading, in addition to § 244-58, Off-street parking regulations, Subsection B, Parking schedule, accordingly.
(a)
Parking for retailers shall be provided for as a commercial, retail and service establishment.
(b)
Parking for cultivation, manufacturing, distribution, and wholesale facilities shall be provided for as an industrial use.
(5)
In the event of a conflict between the City bulk standards and the Act or the permitting authority's regulations, the City shall consider the pertinent statute or regulation as justification of any variance and/or design waiver.
[1]
Editor's Note: This ordinance also renumbered former § 300-103 as § 300-104.
