That the use will not injure or detract from the use of neighboring property;

That the use will not detract from the character of the neighborhood;

That the use of property adjacent to the area included in the plan is adequately safeguarded;

That the property is suitable for the intended use;

That the use will serve the best interests of the City;

That the use will not adversely affect public sewers and facilities such as water, sewer, police and fire protection;

That the use will not adversely affect the drainage facilities in the adjacent neighborhoods;

That the proposed use will serve a community need or convenience;

That the project is designed according to a pattern and under conditions which would encourage only the most desirable type of development, recognizing that the architectural quality and character of certain neighborhoods shall serve, protect and enhance the best interest of health, safety and general welfare of the City;

That the proposed use shall exert no detrimental effect upon surrounding areas because of poor arrangement, parking and moving of vehicles, impairment of light or circulation of air and destruction of neighborhood character;

That the proposed use shall constitute no hazard to the general health or safety nor impairment of the extent or operation of municipal service.

That the use of the property will adequately protect the water supply and water quality resources;

That the use of the property will conform to and be consistent with the New Jersey Department of Environmental Protection's Coastal Zone Management Policies, N.J.A.C. 7:7E-1.1 et seq.

That the use of the property will take into account and preserve the unique natural character of the island to the maximum extent feasible;

That the use of the property will develop in conjunction with recreational facilities available for public use.

The use will not adversely affect the safe flow of traffic; that adequate roadway accesses are provided to protect roadways from undue congestion and hazards; that the circulation pattern is such as to protect the persons using the facility.

Additional parking may be required by the Land Use Board if analysis of the proposed type of operation and number of employees and visitors involved indicates the need.

Separate vehicle stacking areas for dropoff and pickup shall be required.

Outdoor recreation areas located near hazardous areas, as determined by the Land Use Board, shall be required to be fenced or otherwise protected, and all outdoor recreation areas may be required to be fenced.

The number of occupants or students attending the center shall be determined in accordance with the criteria of the Division of Human Services based on the amount and type of facilities available for use.

The standards specified in this section are likewise met.

A landscape buffer shall be provided when a parking area abuts a residential property. The buffer yard shall be not less than 20 feet in width, and the ten-foot portion of the buffer yard nearest the residential use shall be planted with sight and sound-obscuring evergreen plantings.

All centers shall be licensed by the Department of Human Services, Division of Youth and Family Services, Bureau of Licensing pursuant to N.J.S.A. 18A:70.[1]

In addition to the information required on the site plan, the plan shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps and dispensers to be installed, the type of structure and accessory buildings to be constructed and the number of automobiles which are to be garaged.

Any repair of motor vehicles shall be performed in a fully enclosed building. No motor vehicle parts or partially dismantled motor vehicles, supplies, trash or waste materials shall be stored outside of any enclosed building or storage area.

A maximum of two motor vehicles per repair bay awaiting service or repair may be maintained outside of a closed roof building for a period of time not to exceed 48 hours. Additional out-of-doors storage of vehicles for repair shall be in an area surrounded by a six-foot-high sight-obscuring fence maintained in good condition. A six-foot-high planted evergreen screen may be substituted for the fence. Fencing shall not be extended beyond the front of the principal building on the site.

An outdoor display of the accessory goods for sale may be erected on the pump or dispenser island and on the building island only. The outdoor display of such items shall be within a suitable metal rack or stand expressly for that purpose.

The entire area of the site traveled by motor vehicles shall be hard-surfaced.

Not more than two vending machines, whether or not coin-operated, shall be located outside the principal building, and any such machines shall be subject to the yard requirements of the zone in which they are located.

The design of any building in connection with such facilities shall conform to the general character of the area and will not adversely affect the safe, comfortable enjoyment of property rights of the zone in which it is located. Adequate and attractive fences, buffers and other safety and aesthetic devices will be provided. Sufficient landscaping, including shrubs, trees and lawns, are provided and will be periodically maintained. Adequate off-street parking will be provided, and all of the area, yard and building coverage requirements of the respective zone will be met.

All fuel pumps will be located at least 25 feet from any street or property line.

No service or filling station shall be situated on a lot within a distance of 200 feet from the nearest point of any lot upon which is located a school, church, hospital, sanitarium, funeral home, theater, public library, fire house or any place of public assembly, nor within 400 feet from the nearest point of any lot upon which is situated an existing motor vehicle service or filling station.

Any outdoor storage of waste materials or supplies shall be in a shielded location but suitable for containerized collection and within an area screened adjacent to the building or fence to a height of not less than six feet. The area of such enclosure shall not exceed 120 square feet.

No automobile or boat service or filling station shall display for sale, rental or storage any motor vehicle or utility trailer or van or truck.

No vehicle entrance to or exit from any service or filling station shall be located within 50 feet of any residential district boundary line. All driveways, entrance or exit, to or from any filling station or public garage shall have unobstructed width of 25 feet.

All facilities used in connection with said business shall be located entirely upon private property, and no facilities shall be installed for the servicing of any cars while said cars are located on the right-of-way or a public street.

The design of the site shall be such that four vehicles per pump can be accommodated on site while awaiting entry to the facility.

The design of any building in connection with such facilities conforms to the general character of the area and will not adversely affect the safe, comfortable enjoyment of property rights of the zone in which it is located.

The entire area of the site for the travel or parking of motor vehicles will be hard-surfaced.

Any repair of motor vehicles will be performed in a fully enclosed building. No motor vehicle will be offered for sale on the site, and no motor vehicle parts or partially dismantled motor vehicles, supplies, trash or waste materials shall be stored outside of any enclosed area.

Any outdoor storage of waste materials or supplies shall be in a shielded location but suitable for containerized collection and within an area screened adjacent to the building or fenced to a height of not less than six feet.

Adequate and attractive fences and other safety devices will be provided.

Sufficient landscaping, including shrubs, trees and lawn are provided and will be periodically maintained.

Adequate off-street parking will be provided.

All of the area, yard and building coverage requirements of the restrictive zone will be met.

No motor vehicles shall be parked on the premises and remain standing thereon for more than 14 consecutive days. For purposes of this section, the term "motor vehicle" shall include partially dismantled motor vehicles or any group of motor vehicle parts as well as motor vehicles in apparently operable condition. Noncompliance with the provisions of this section shall be just cause for the revocation of the permit required by this section and of the certificate of occupancy.

No service or repair shop or public garage shall be situated on a lot within a distance of 200 feet from the nearest point of any lot upon which is located a school, church, hospital, sanitarium, funeral home, theater, public library, fire house or any place of public assembly.

No vehicular entrance to or exit from any body shop or public garage shall be located within 50 feet of any residential district boundary line. All driveways, entrance or exit, to or from any body shop or public garage shall have unobstructed width of 25 feet.

All facilities used in connection with said business shall be located entirely upon private property, and no facilities shall be installed for the servicing of any cars while said cars are located on the right-of-way or a public street.

No public garages or service or repair shops shall have any openings in the side or rear walls or roof within 10 feet of any lot line.

All major automobile repair work shall be done inside the buildings. Two vehicles per repair bay may be stored out of doors in an unfenced area; however, additional out-of-doors storage of vehicles for repair shall be in an area surrounded by a six-foot-high sight-obscuring fence maintained in good condition. A six-foot-high planted evergreen screen may be substituted for the fence. Fencing shall not extend beyond the front of the principal building on the site.

That the site plan indicates the complete system for the handling of water and other wastes and that the same meet the standards and specifications of the City and higher levels of government. That the entire area of the site to be travelled by motor vehicles will be hard-surfaced.

That the design of the use will be such that a minimum of 10 cars may be held on the site while awaiting entry to the facility and four cars may be held on the site while awaiting exit from the facility.

That no vehicles shall be permitted to be standing or parked on the premises other than those used by employees and the direct or indirect operation of the establishment and those used by awaiting the service offered by the establishment.

Not more than two vending machines, whether or not coin-operated, shall be located outside the principal building and any such machines shall be subject to yard requirements of the zone in which they are located.

Any outdoor storage of waste material or supplies shall be in a shielded location but suitable for containerized collection and within an area screened adjacent to the building or fenced to a height of not less than six feet.

No waste material whatsoever shall be discharged into any watercourse except in accordance with existing state and local requirements and regulations. All water runoff shall be contained on the site.

Automobiles and boats for sale may be displayed out of doors within areas which meet all of the general requirements, including setback from property lines for parking areas.

Any outdoor storage of waste materials or supplies shall be in a shielded location but suitable for containerized collection, and within an area screened or fenced to a height of not less than six feet. The area of such enclosure shall not exceed 110 square feet and shall not be closer than 25 feet to another lot which is within a residential zone or a street line which is across the street from a residential zone.

The entire area of the site for the travel or parking of automobiles and boats will be covered by an all-weather, hard surface.

Repair of vehicles and boats will be performed in a fully enclosed building and no parts or partially dismantled or inoperative vehicles, boats or motors will be stored outside of an enclosed building.

Automobiles and boats displayed on the lot and for sale shall be governed by the requirements of § 207-84.1.

Automobile and boat dealerships shall have indoor display areas for a minimum of three automobiles or boats.

No building, premises, structure or other facility that contains any sexually oriented business shall contain any other kind of sexually oriented business. No building, premises, structure or other facility in which sexually oriented devices are sold, distributed, exhibited or contained shall contain any sexually oriented business.

No sexually oriented business shall be situated on a lot within a distance of 1,000 feet from the nearest point of any lot upon which is situated: 1) a church or place of religious worship; 2) a public or private elementary or secondary school; 3) a child-care facility; 4) a public park; 5) another sexually oriented business; 6) a residential district or residential lot.

No signs shall be erected which include pictorial displays of nudity or erotic material or contain words or language offensive to community standards.

No sexually oriented products or erotic materials available for sale shall be visible from the exterior of the building.

The entire area of the site traveled by motor vehicles shall be hard-surfaced.

The design of any building shall conform to the general character of the area and will not adversely affect the safe, comfortable enjoyment of property rights of the zone in which it is located. Adequate and attractive fences, buffers and other safety and aesthetic devices will be provided. Sufficient landscaping, including shrubs, trees and lawns, shall be provided and maintained. Adequate off-street parking will be provided, and all of the areas, yard and building coverage requirements of the respective zone shall be met.

Sexually oriented businesses shall be situated on the site in a manner that ingress and egress, signage and building entrances are directed toward the highway (Route 130) frontage of the property.

Site plan. A site plan is required to be filed by the applicant with any conditional use application for a church, temple or other place of worship, parish house, Sunday school, rectory, parsonage or convent. The following shall be included in the site plan:

The owner of the single-family residence shall reside on the premises.

The accessory apartment is credited toward the City's housing obligation and is marketed, monitored, controlled and restricted under City Code Chapter 70, Affordable Housing, and the New Jersey Council on Affordable Housing (or its equivalent) regulations.

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.

Minimum distance from school and day-care facilities including public and private: 300 linear feet measured lot line to lot line.

Minimum distance from places of worship: 300 linear feet measured lot line to lot line.

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.

Drive-through facilities are not permitted.

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.

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.

All other requirements of each respective zone for these uses shall be met to the same extent as set forth herein, except as noted as to Subsection K(7) and (9) for the requirements relating to lot size, landscaping and buffering, and setbacks which shall govern lots containing these uses.

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.

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.

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.

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.

The security and surveillance system for the exterior of the building and grounds, including parking lots and common areas, interior areas of the building including any retail selling area and any area used for storage of cannabis-related products, 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. The security and surveillance system must be accessible to law enforcement personnel upon request for either a live feed or previously captured recorded images.

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.

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.

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.

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).

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.

Minimum distance from school and day-care facilities including public and private: 300 linear feet measured lot line to lot line.

Minimum distance from places of worship: 300 linear feet measured lot line to lot line.

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.

Drive-through facilities are not permitted.

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.

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.

All other requirements of each respective zone for these uses shall be met to the same extent as set forth herein, except as noted as to Subsection L(7) and (9) for the requirements relating to lot size, landscaping and buffering, and setbacks which shall govern lots containing these uses.

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.

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.

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.

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.

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.

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.

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.

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.

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).

The requirements of N.J.A.C. 8:27 for body art and ear piercing facility standards are met.

In the case of a body art establishment in the W-1 Zoning District, the requirements of N.J.A.C. 8:27 for body art and ear piercing facility standards are met and the body art establishment is part of a mixed-use development.