Burlington City Zoning Code
§ 207-86
Performance standards for industrial districts.
[Amended 2-2-2021 by Ord. No. 02-2021; 7-13-2021 by Ord. No. 20-2021]
All research laboratories, manufacturing, testing or other industrial uses shall be subject to the following performance standards:
A.
No highly flammable or explosive liquids, solids or gases shall be stored in bulk aboveground, with the exception of tanks or drums of fuel directly connecting with energy devices, heating devices, or appliances located on the same lot as the tanks or drums of fuel.
B.
All outdoor storage facilities of fuel, raw materials and products, and all raw materials and products stored outdoors, shall be enclosed by a fence adequate to conceal the facilities from the adjacent properties.
C.
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred from the lot by natural causes or forces, nor shall any substances which can contaminate a stream or watercourse, or which may destroy aquatic life, be allowed to enter any stream or watercourse.
D.
All materials or wastes which might cause fumes or dust or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.
E.
No smoke shall be emitted from any chimney or other source of visible gray opacity greater than No. 2 of the Ringleman Smoke Chart as published by the U.S. Bureau of Mines.
F.
The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals or vegetation or other forms or property, or which can cause any soiling or staining of persons or property at any point beyond the lot line or the use creating the emission is herewith prohibited.
G.
No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grain per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F., and 50% excess air in stack at full load.
H.
There shall be no emission of sulfur dioxide.
I.
The sound pressure level of any use (not including ambient noises not under control of the operator of the use) shall not exceed, at any point on the boundary of an industrial district, the decibel levels* in the designed octave bank shown below, except for emergency alarm signals, and subject to the following corrections:
 |
(1)
Subtract five decibels for pulsating or periodic noises. Add five decibels for noise sources operating less than 20% of any one-hour period.
(2)
Sound pressure level to be measured according to the specification published by the American Standard Association.
Octave Bank Cycles Per Second | Along Residence District Boundaries | Along Business District Boundaries |
|---|---|---|
0 to 75 | 72 | 79 |
75 to 150 | 67 | 74 |
150 to 300 | 59 | 66 |
300 to 600 | 52 | 59 |
600 to 1,200 | 46 | 53 |
1,200 to 2,400 | 40 | 47 |
2,400 to 4,800 | 34 | 41 |
Over 4,800 | 32 | 39 |
J.
There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line within which the operation is situated. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, in order that control will be maintained if the primary safeguard system should fail.
K.
No direct or reflected light or heat from any source within an industrial district shall be detectable beyond the boundaries of the industrial district if the light or heat is or may become an annoyance or interference with the comfort or general well-being of the inhabitants of other districts adjacent to the industrial district. This requirement shall be considered to have been met if adequate buffer strips exist or have been planted. All sources of lights in industrial districts will be provided with opaque shades above them so that light from these sources will not shine directly or diagonally upward but so that the light will be dispersed horizontally and downward for the purpose of minimizing reflected light from the clouds and dust particles in the air during the night. This opaque shade requirement will also apply to industrial operations such as furnaces, cutting torches, etc., which produce light incidentally in the function of their primary purpose which may be other than that of providing light.
L.
Machines or operations which cause vibration shall be permitted, but in no case shall any such vibration be perceptible outside of the limits of the lots.
M.
No activities shall be permitted which emit dangerous radioactivity beyond closed areas. No electrical disturbances, except from domestic household appliances, shall be permitted to affect adversely, at any point, any equipment, other than that of the creator of such disturbance.
N.
Every use requiring power shall be so operated that any service lines, substation etc., shall conform to the highest applicable safety requirements, shall be constructed, installed, etc., so that they will be an integral part of the architectural features of the plant, or if visible from abutting residential properties, shall be concealed by evergreen planting or screening with architectural materials common to the buildings.
O.
Cannabis industries.
(1)
Specifically prohibited in all Zoning Districts with the exception of specific uses in identified area on Attachment 1 within I-1, I-P and HC-2 zones.
(2)
Minimum distance from school and day-care facilities including public and private: 300 linear feet measured lot line to lot line.
(3)
Minimum distance from places of worship: 300 linear feet measured lot line to lot line.
(4)
Maximum hours of dispensary and sales operation: 8:00 a.m. until 9:00 p.m., Monday through Saturday; 10:00 a.m. until 6:00 p.m. on Sundays.
(5)
Drive-through facilities are not permitted.
(6)
The Land Use Board shall be satisfied that the off-tract and on-site circulation, schedule for deliveries and shipping, and site ingress and egress are adequate.
(7)
The dispensary and retail sales minimum lot width at the building line shall be 100 feet and the minimum lot size shall be 20,000 square feet. Minimum side and rear yard setbacks shall be 25 feet, five feet of which shall be appropriately landscaped and buffered/screened. Minimum front yard setback shall be 50 feet, 20 feet of which shall be appropriately landscaped and buffered/screened.
(9)
An enhanced setback and buffer/screen shall be provided along existing residential zone districts and residential uses. The minimum setback shall be 50 feet. The buffer/screen width of 25 feet within the setback shall include enhanced screening including fencing and additional landscape buffering materials and designs as deemed appropriate by the Land Use Board.
(10)
Off-street parking schedule: Off-street parking for medical dispensary, for retail sales, warehousing, testing and distribution facilities and all other related uses in this category shall be provided in accordance with the Burlington City Zoning Code as deemed sufficient by the Land Use Board Engineer.
(11)
A site management plan is required and shall address at a minimum vehicle traffic control, methods and designs to prevent loitering and promote public safety, and regular site maintenance.
(12)
Signage shall be permitted and regulated as a business sign in accordance with the Burlington City Zoning Code. To the extent that additional mandates or restrictions are contained in state or federal laws or regulations, compliance with those mandates and restrictions is required.
(13)
The security and surveillance system for the building and grounds, including parking lots and common areas, are required to have in place and fully operational state of the art security measures in conformance with the measures required by the state licensure of the facility, including twenty-four-hour on-site human surveillance shall be in place as well as video camera recording of all noted areas, with the video camera surveillance system having the capability to record the activity on the building, grounds and common areas and the video retained for a minimum period as required by state regulation. The security system will be required to be in compliance with other safety and security recommendations of the Police Department as may be incorporated by the Land Use Board.
(14)
All facilities, processes, security systems, and dispensary/sales must comply with New Jersey State Regulations and state mandates, including all applicable licensure requirements for the cultivation, distribution, sale and warehousing of such products.
(15)
The infrastructure of the building, including HVAC, air circulation, and air recirculation is required to be in compliance with all state mandates for cultivation, distribution and sales, as well as with local Code and with the approval of the Land Use Board's professional planning and engineering consultants. All techniques for the growing, cultivation, manufacturing, testing, distribution processes, storage and display of product in such facilities must comply with the state mandates, including licensure requirements and applicable.
(16)
The submission and approval of a site plan is required as defined by municipal code. The Land Use Board may require any and all expert recommendations including police, fire and outside consultants, including the Board's Engineer and Professional Planner.
(17)
All testing laboratories, manufacturing, warehousing, distribution facilities or other industrial uses for the cultivation, manufacturing, processing, packaging, testing, wholesale distribution/transportation (between warehouses and dispensaries in New Jersey) and the sale of cannabis and cannabis products through state-licensed dispensaries shall be subject to the performance standards set forth in § 207-86, Performance standards for industrial districts. All uses for the retail sale of cannabis and cannabis products through state-licensed dispensaries shall additionally be subject to the performance standards set forth in § 207-82 HC-2 (Highway Corridor District), § 207-83 (Industrial Park District), § 207-84 (Industrial District), § 207-84.1 (Outdoor displays), § 207-85 (Parking and loading), § 207-86 (Performance standards applicable to research laboratories, manufacturing or other industrial uses in all industrial districts), and, if located along the Route 130 Corridor, § 207-88 (Route 130 landscape corridor).