Camden City Zoning Code
ARTICLE III
Zoning Districts, Rules and Regulations
§ 870-19 Establishment of zoning districts.
For the purpose of lessening congestion in the streets; securing safety from fire, panic, and other dangers; protecting health, morals, or the general welfare; providing adequate light and air; preventing the overcrowding of land or buildings; and avoiding undue concentration of population, with reasonable consideration to the character of the district and its peculiar suitability for particular uses and with the objective of conserving the value of property and encouraging the most appropriate use of land throughout the municipality, the City of Camden is hereby divided into 24 zones as follows:
R-1 | Residential |
R-2 | Residential |
R-3 | Residential |
C-1 | Commercial |
C-2 | Commercial |
C-3 | Commercial |
C-4 | Commercial |
LI-1 | Light Industrial |
LI-2 | Light Industrial |
GI-1 | General Industrial |
GI-2 | General Industrial |
US | University and Support |
PRI | Port Related Industrial |
OLI | Office Light Industrial |
TOD | Transit Oriented |
MW-1 | Mixed Waterfront |
MW-2 | Mixed Waterfront |
MS | Medical Support |
CV-1 | Conservation Overlay |
CV-2 | Conservation Overlay |
CC | Center City |
H | Historic Overlay |
HC | Historic Conservation Overlay |
S | Stream and River Corridor Protection and Management Overlay |
§ 870-20 Zoning Map.
[Amended 8-9-2016 by Ord. No. MC-4985]
The boundaries of the zoning districts are established on the map entitled "Zoning Map of the City of Camden" dated January 7, 1999 as revised July 29, 2008, and as further revised _____, 2016 [date of map that incorporates these amendments], which accompanies and is attached hereto, and is made part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the City offices.
§ 870-21 Effect of establishment of districts.
Every building hereafter erected or moved shall be on a lot adjacent to a public street, and all structures shall be as located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
§ 870-22 Interpretation of zone district boundaries.
In determining the boundaries of zone districts shown on the Zoning Map, the following rules shall apply:
A.
Where district boundary lines are indicated as approximately following the center lines of streets, street lines or right-of-way lines, waterways, or railroad rights-of-way or such lines extended, such center lines shall be construed to be such boundaries.
B.
District boundary lines are intended to follow street, lot or property lines as they exist on plats of record unless such district boundaries are fixed by dimensions as shown on the Zoning Map.
C.
Where such boundaries are fixed by dimensions and where they approximately follow lot lines and where they are not more than 10 feet distant there from, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.
D.
Where district boundaries are so indicated that they are running parallel to the center lines or street lines of streets, such district boundaries shall be construed as being parallel thereto, and at such distances there from as indicated on the Zoning Map.
E.
Whenever any street or public way is vacated by official action, the zoning districts adjoining the side of such public way shall be automatically extended to include the right-of-way thus vacated which shall henceforth be subject to all regulations of the extended district or districts. In general, where the vacated right-of-way is bounded on either side by more than one district, the former center line of such right-of-way shall determine extension of each district. The land formerly within the vacated right-of-way shall henceforth be subject to all regulations of the extended zone or zones.
F.
In all other cases where dimensions are not shown on the Zoning Map, the location of boundaries shown on the map shall be determined by the Zoning Officer/Administrative Officer by application of a scale thereto.
G.
In cases of uncertainty or disagreement as to the true location of any district boundary line, the determination thereof shall be with the Zoning Board of Adjustment after conducting a public hearing.
§ 870-23 Principal and accessory buildings.
Unless otherwise specifically permitted within this chapter, no more than one principal dwelling or building shall be permitted on one lot. Any accessory building attached to a principal building by a common wall, an abutting wall or a roof shall be considered part of the principal building and shall adhere to the yard requirements for the principal building.
§ 870-24 Uses to conform.
No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged and no land shall be used for any purpose other than those included among the uses listed as a permitted use in each zone by this article and meeting the requirements set forth in this chapter.
§ 870-25 General district regulations.
A.
No development shall take place within the City nor shall any land be cleared or altered, nor shall any watercourse be diverted or its channel or floodplain dredged or filled, nor shall any parking areas, accessory or otherwise, or accessways thereto, be constructed, installed, or enlarged, nor shall any building permit be issued with respect to any such structure, land or parking area except in accordance with an approval of such development granted pursuant to this chapter unless exempted in accordance with § 870-43 of this chapter. Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open space in connection therewith and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which it is located.
B.
Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance, or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance, or regulations shall be controlling.
§ 870-26 Conformity with provisions.
A.
No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used, for any purpose or in any manner other than as specified among the uses, hereinafter listed as permitted in the district in which such building or land is located.
B.
No building shall be erected, reconstructed, or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located.
C.
No building shall be erected, no existing building shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area and building location regulations hereinafter designated for the district in which such building or open spaces is located.
D.
No yard or other open space provided about any building for the purpose of complying with the provisions of this article shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot except that such parking spaces as may be required for certain uses as specified in other sections of this chapter and which need not be provided on the same lot as the principal structure or use shall be considered as part of the open space required for the continuance of such use but may be relocated in a manner so as to conform in all other respects to ordinance requirements and subject to approval by the Planning Board.
E.
The Planning Board may waive the requirements of this chapter for minimum lot size only for such lots that were in individual private ownership and so indicated in the public records at the time of passage of this chapter and surrounded by improved properties which prevent the acquisition of such additional land as may permit compliance with the terms of this chapter.
F.
Every principal building shall be built upon a lot with frontage upon a public street improved to meet City standards or for which improvements have been insured by the posting of a performance guaranty pursuant to the subdivision regulations of the City. In the case of lots not comprising portions of a plan of lots approved pursuant to the subdivision regulations of the City, the minimum City standard of street improvement shall be a thirty-foot roadway paved with a durable and permanent surface on a properly prepared subgrade, the construction of which shall be reviewed, inspected and approved by the appropriate City authorities. These street improvements shall be made from the nearest public street to the furthermost property line of the subject lot.
§ 870-27 Lot frontage for irregular lots.
In the case of an irregular lot in which the side lot lines are not parallel, the average width of the lot may be substituted for the required minimum lot frontage, but the street lot frontage shall not be less than 80% of the minimum required width.
§ 870-28 Required open space to apply to one building.
No yard or other open space provided about any buildings for the purpose of complying with the provisions of this article shall be considered as providing a yard of open space for any other building, and no yard or other space on another lot shall be considered as providing a yard or open space for a building on any other lot.
§ 870-29 Sight triangles at intersections.
At the intersection or interception of two or more streets, no hedge, fence or wall higher than three feet above curb level nor any obstruction to vision other than a post or tree not exceeding one square foot in cross section shall be permitted within the triangular area formed by the intersecting street lines and a straight line joining points located on said street lines 30 feet distant from their point of intersection.
§ 870-30 Lots fronting streets proposed to be widened.
When a lot has frontage on a street right-of-way which has been designated for widening by the City of Camden or the County of Camden or the State of New Jersey, the required front yard area shall be measured from the proposed right-of-way line, which shall, in all cases, be a minimum of 25 feet from the road center line.
§ 870-31 Outdoor storage.
A.
The outdoor storage of goods, articles, appliances and vehicles shall be prohibited in all nonresidential districts unless items being stored are to be sold on the premises. The articles and goods, etc., shall be screened in a manner which prevents their being viewed from any residential property.
B.
Outdoor storage of any kind shall not be permitted on the premises in any residential district except in connection with the construction of a structure to be erected on the premises, unless specifically permitted elsewhere in this chapter.
§ 870-32 Identification of buildings.
All principal buildings in all districts shall be clearly identified as to building number, house number, street number or name by means of a small, unobstructed sign, clearly visible and readable from the main abutting street. Such sign shall be attached either to the outer most doors or some portion of the outer most structure or affixed to a lamppost. Any sign or legend other than a building number, house number or street number shall comply with all requirements for signs, as herein set forth. The house number, street number, building number or name shall be assigned by the Construction Official upon the approval of the building plans.
§ 870-33 Appearance of buildings in residential districts.
within any residential district, no building shall be constructed or altered in any manner so that its exterior design and appearance is not compatible and harmonious with the general atmosphere and character of the neighborhood. Typical commercial and storefront designs are prohibited as shall otherwise be determined by the Planning Board.
§ 870-34 Building permits issued prior to this chapter.
Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with existing law, a permit for which shall have been issued and the construction of which shall have been started before the date of first publication of notice of a public hearing on this chapter.
§ 870-35 Vehicles containing advertising matter.
A.
Any vehicle containing advertising matter intended to promote an interest in any business or any commercial vehicle used in connection with any business or commercial activity shall not be parked, stored or maintained in any residential zone district except in compliance with the following conditions:
B.
This section shall apply to all vehicles which are customarily considered commercial vehicles, whether or not such vehicles shall carry a commercial registration.
§ 870-36 Permitted uses in all districts.
§ 870-37 Prohibited uses in all districts.
All uses not expressly permitted by this chapter are prohibited in all districts (unless permitted by conditional use permit as elsewhere in this chapter provided), such prohibition to include but not be limited to the following:
A.
Adult entertainment uses.
B.
Amusement arcade.
C.
Automobile wrecking.
D.
Artist body painting and photographic studio.
E.
Billboards.
F.
Body piercing establishments.
G.
Check-cashing facilities.
H.
Dumping or outdoor storage of waste or scrap material uses; dumps. Storage of hazardous materials; ammunition, explosives and fireworks.
I.
Drug paraphernalia stores.
J.
Drug treatment centers.
K.
Firearms dealers.
L.
Heliports.
M.
Junkyard and dumps.
N.
Massage parlors.
O.
Methadone clinics.
P.
Lodging houses, boardinghouses and rooming houses.
Q.
Trailer camp, trailer park, or mobile home park.
R.
Any use pursuant to the standards set forth in this chapter and/or standards as established by the NJDEP, which emits excessive or objectionable amounts of dust, fumes, noise, odor, smoke, vibrations or waste products.
S.
The use of any portable building or structure, stationary vehicle or stand of any description for the purpose of displaying or selling of food, merchandise or commodities of any kind except in the US University Support and the CC Center City Zone districts.
T.
The use of a building or structure of a temporary nature on any lot or parcel of land for living or sleeping purposes in any district on either a temporary or permanent basis.
U.
Prisons, correctional facilities.
V.
Tattoo parlors.
W.
Pawn shops.
X.
Roadside stands.
Y.
An operation open between the hours of 1:00 a.m. and 6:00 a.m., unless selling food for on or off-premises consumption, that has little or no impact on adjacent and nearby uses, i.e., within 200 feet of the property lines.
Z.
Conversion of hotels or motels into multifamily dwelling units.
AA.
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
[Added 7-13-2021 by Ord. No. MC - 5347]
§ 870-38 Permitted uses in certain districts; cannabis licensed businesses; issuance of licenses and permits.
[Added 2-8-2022 by Ord. No. MC-5371; amended 10-11-2022 by Ord. No. MC-5414; 11-10-2022 by Ord. No. MC-5426; 12-13-2022 by Ord. No. MC-5427; 8-8-2023 by Ord. No. MC-5461; 9-9-2025 by Ord. No. MC-5578]
A.
All applications for licenses and permits, all licenses and permits issued and all proceedings under this section shall be in accordance with all applicable laws of the state.
A.1. CANNABIS CONSUMPTION AREA(1) (2)
Definitions. The definitions and other provisions of the Act and N.J.A.C. 17:30 are hereby incorporated herein. Any amendments to the Act and N.J.A.C. 17:30 1.2 are also incorporated herein without the need to revises this Chapter, including but not limited to, recent amendments to the New Jersey Administrative Code to now include cannabis consumption areas and the definitions contained therein, including the following:
Means, as further described at N.J.S.A. 24:61-21, a designated location operated by a permitted medical cannabis dispensary or a licensed Class 5 Cannabis Retailer, for which a state and local endorsement has been obtained, at which medical or personal-use cannabis items may be consumed, that is either:
An indoor, structurally enclosed area of the medical cannabis dispensary, cannabis retailer that is separate from the area in which the dispensing of medical cannabis or retail sales of cannabis items occurs; or
An exterior structure on the same premises as the medical cannabis dispensary, cannabis retailer, either separate from or connected to the cannabis retailer.
B.
All licenses and permits required by this section shall be issued by City Administration, which shall also administer the provisions of this section. Any business duly licensed by the State of New Jersey to conduct legal adult-use cannabis operations, as defined by state law, may operate within the specified permitted area so long as:
(1)
The entity maintains its state license in good standing;
(2)
The entity maintains a City of Camden business license in good standing; and
(3)
The entity otherwise remains in full compliance with the laws and regulations established by the State of New Jersey and the City of Camden governing the licensed activity, as may be amended.
C.
A business license to operate within the City of Camden shall not be granted or renewed without such evidence as may be required by the Business Administrator to determine that the entity maintains all valid state and/or CRC licenses and approvals, and that all such licenses and/or approvals remain in good standing from the time of registration.
D.
Licensing.
(1)
Local licensing authority.
(a)
The Camden Cannabis Committee is hereby designated to act as the local licensing authority for the City for all cannabis establishments, including a Class 5 retail establishment seeking a designated cannabis consumption area endorsement from the City. The Camden Cannabis Committee shall consist of the following individuals: the Business Administrator, the City Attorney, the Director of Planning and Development, the Director of Code Enforcement, the Mayor's Chief of Staff, the Chief of the Camden County Police Department, Metro Division, or his/her designee. Under all circumstances in which state law requires communication to the City by the Cannabis Regulatory Commission or any other state agency with regard to the licensing of cannabis establishments by the state, or in which state law requires any review or approval by the City of any action taken by the state licensing authority, the exclusive authority for receiving such communications and granting such approvals shall be exercised by the Camden Cannabis Committee.
(b)
Under no circumstances shall a local license for a cannabis establishment, including a Class 5 retail establishment seeking a designated cannabis consumption area endorsement issued by the Business Administrator be effective until or unless the state has issued the requisite permits or licenses to operate such a facility. No cannabis establishment may lawfully operate in the City of Camden without the issuance of a state permit or license and full regulatory oversight of the cannabis establishment by the Cannabis Regulatory Commission or other state licensing authority as well as oversight and issuance of a license by the City.
(c)
Any permit issued pursuant to this chapter, including a Class 5 retail establishment seeking a designated cannabis consumption area endorsement shall be valid for a period of one year from the date of issuance and shall be renewed in accordance with the provisions of this chapter.
(d)
An application by a licensed Class 5 retail cannabis establishment seeking a designated cannabis consumption area endorsement must meet all requirements of this chapter as set forth herein, New Jersey law including but not limited to: N.J.S.A. 24:61-21, N.J.A.C. 17:30-1.2 et seq. including N.J.A.C. 17:30-14.10; Cannabis consumption area conduct, and other recent New Jersey state law amendments governing cannabis consumption areas, the Smoke-Free Air Act, N.J.S.A. 26:30-55 et seq., and any other applicable New Jersey laws and amendments thereto.
(e)
The Business Administrator may, at his or her discretion, adjust the renewal date of the local permit to correlate with an applicant's state licensing and renewal schedule.
(f)
Renewal of any permit shall be governed by any code amendments, additional restrictions or changes in the Act and N.J.A.C. 17:30 et seq. adopted since the previous permit was issued or renewed.
(g)
A licensee shall comply with N.J.A.C. 17:30-6.8 governing limitations on license holders, owners, principals and passive investors, etc.
(h)
A licensee shall comply with the provisions of N.J.A.C. 17:30-9.3 governing transfers of ownership interest.
(i)
Transfer of a license or change of location or modification to expand a permitted premises shall be subject to the approval of the Administration, the Planning Board and City Council. A potential transfer of a license caused by the death of a spouse, domestic partner or adult child shall not be unreasonably denied.
(j)
Pursuant to N.J.A.C. 17:30-6.7(d), a microbusiness holding an annual license shall not sell or transfer its license.
(k)
Except where the Business Administrator has received a complete renewal application, along with the requisite fees, and has issued a license renewal, it shall be unlawful for any person to operate after the date of a license expiration.
(2)
Classification of licenses. The City, subject to state, Administration, Planning Board, Zoning Board of Adjustment, and City Council approval, may issue the following municipal licenses to operate a cannabis establishment:
(a)
Class 1 - cannabis cultivator license, for facilities involved in growing and cultivating cannabis;
(b)
Class 2 - cannabis manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items;
(c)
Class 3 - cannabis wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;
(d)
Class 4 - cannabis distributor license, for businesses involved in transporting cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;
(e)
Class 5 - cannabis retailer license, for locations at which cannabis items and related supplies are sold to consumers.
[1]
Only an establishment which operates as a Class 5 - cannabis retailer may also be permitted to operate a designated cannabis consumption area as provided for in this chapter, herein.
(3)
Maximum number of licenses. The City may issue a maximum of the following licenses:
(a)
A maximum of three standard or microbusiness licenses operating under Class 1 shall be permitted to operate within the City only in commercial zone areas specified below. A microbusiness cannabis cultivator shall have a total cannabis grow area that does not exceed 2,500 square feet, measured on a horizontal plane, and 24 feet, measured vertically above the plane, and shall possess a total of no more than 1,000 cannabis plants each month.
(b)
A maximum total of three standard or microbusiness cannabis licenses operating under Class 2 shall be permitted to operate within the City only in commercial zone areas specified below. A microbusiness operating under this license shall acquire no more than 1,000 pounds of cannabis per month.
(c)
A maximum total of three standard or microbusiness cannabis licenses operating under Class 3 shall be permitted within the City only in commercial zone areas specified below. A microbusiness operating under this license shall acquire no more than 1,000 pounds of dry cannabis or its equivalent per month.
(d)
A maximum total of three standard or microbusiness cannabis licenses operating under Class 4 shall be permitted within the City only in commercial zone areas specified below. A microbusiness operating under this license shall possess no more than 1,000 cannabis plants per month, except during transportation.
(e)
A maximum of 20 standard or microbusiness retail cannabis business licenses operating under Class 5, shall be permitted within the City in the commercial zones specified below; with no more than six per zone. No more than four of the 20 standard or microbusiness retail cannabis business licenses operating under Class 5, shall be permitted to also have designated cannabis consumption areas within the City. A microbusiness shall not acquire for retail sale more than 1,000 pounds of usable cannabis or its equivalent per month.
(4)
Location of licenses. The following state-classified cannabis classes are permitted in the corresponding zoning districts:
(a)
Class 1: Cultivator - Commercial 3 and Light Industrial 2.
(b)
Class 2: Manufacturer - Light Industrial Zone - LI-1.
(e)
Class 5: Retail, including a retail establishment either with or without a designated cannabis consumption area endorsement - permitted in the following zones:
[1]
C-2 Zone - Gateway/Waterfront South.
[2]
C-3 Zone - Old Pathmark Area.
[3]
C-4 Zone - Admiral Wilson Boulevard.
[4]
US Zone - University Services.
[5]
CC Zone - Center City.
[6]
C-1 Zone - Haddon Avenue from Kaighn Avenue to Atlantic Avenue.
[7]
C-2 Zone - Vine Street from North Front Street to North 3rd Street.
[8]
TOD District - White Horse Pike from Haddon Avenue to Ferry Avenue.
(g)
Class 6: Delivery - In accordance with the Act, delivery of cannabis products within the City is authorized where permitted by state law.
(h)
Any delivery service provider seeking to establish a business in the City of Camden must comply with all applicable City of Camden ordinances.
(5)
Application process.
(a)
Any license conditionally issued by the City is contingent upon the locally licensed entity's or individual's subsequent recipient of a state permit or license of the same class or type of regulated cannabis activity.
(b)
Persons wishing to obtain any classification of cannabis license shall file a license application with the Business Administrator, on a standardized form established by the Business Administrator and available in the Business Administrator's office. The Business Administrator shall establish a reasonable application period and deadline for all applications. An application shall be deemed incomplete, and shall not be processed by the Business Administrator, until all documents and application fees are submitted. To be deemed complete, all applications shall be accompanied by the following:
[1]
The applicant shall submit proof that the applicant has or will have lawful possession of the premises proposed for the cannabis establishment, which proof may consist of a deed, a lease, a real estate contract contingent upon successful licensing, or a binding letter of intent by the owner of the premises indicating an intent to lease the premises to the entrant contingent upon successful licensing.
[2]
The applicant shall submit an affidavit and documentary proof of compliance with all state and local laws regarding affirmative action, anti-discrimination and fair employment practices. The applicant shall also certify under oath that they shall not discriminate based on race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status in any of its activities or operations.
[3]
The location proposed for licensing by the applicant shall comply with all applicable municipal zoning laws and the location restrictions set forth in this Code.
[4]
The applicant shall submit, to the satisfaction of the Cannabis Committee, proof of financial capability to open and operate the cannabis establishment for which the applicant is seeking a license. Standards for proof of financial capability shall be determined by the Cannabis Committee and shall take into account the differences in financial capability that exist between a microbusiness and a standard license applicant.
[5]
The applicant and the application shall otherwise comply with any and all qualification standards set forth by the State of New Jersey and City of Camden laws, regulations or ordinances.
(c)
The Cannabis Committee shall evaluate all applicants and issue a notification of award after consideration and evaluation of the following criteria:
[1]
Applicant's owners' or principals' qualifications and experience operating in highly regulated industries, including cannabis, healthcare, pharmaceutical manufacturing, and retail pharmacies, with preference to experience operating such businesses within the State of New Jersey and where the value of owners' experience shall outweigh the experience of nonowner principals; and
[2]
Applicant's qualifications and experience related to public safety and security, including any of the applicant's owners' or principals' experience in law enforcement and drug enforcement and a summary of the applicant's plans for storage of products and currency, physical security, video surveillance, security personnel, and visitor management; and
[3]
Applicant's or its owners' experience conducting or supporting, or plans to conduct, institutional review board-approved research involving human subjects that is related to medical cannabis or substance abuse, where the value of past or ongoing clinical research, with IRB approval shall outweigh plans to conduct such research, whether the applicant has had any assurance accepted by the U.S. Department of Health and Human Services indicating the applicant's commitment to complying with 45 CFR Part 46, and whether the applicant has a research collaboration or partnership agreement in effect with an accredited U.S. school of medicine or osteopathic medicine with experience conducting cannabis-related research;
[4]
Applicant's or its owners' demonstrated commitment to the community and social responsibility, or sufficient evidence related to N.J.A.C. 17:30-7.10(b)18;
[5]
Summary of the applicant's environmental impact and sustainability plan; whether the applicant entity or its parent company has any recognitions from or registrations with federal or New Jersey state environmental regulators for innovation in sustainability; and whether the applicant entity or its parent company holds any certification under international standards demonstrating the applicant has an effective environmental management system or has a designated sustainability officer to conduct internal audits to assess the effective implementation of an environmental management system;
[6]
Applicant's ties to the host community, including, for standard license applications, the applicant's willingness to enter into a community benefit agreement;
[7]
Consideration of the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, N.J.S.A. 24:6I-32 et seq., and its underlying principles of diversity, equity and inclusion for which the Act was enacted.
[8]
Applicant's demonstrated commitment to diversity in its ownership composition and hiring practices and whether the applicant entity or its parent company holds any certifications as a Camden-owned business, New Jersey MBE, WBE, DVBE, VBE or SBE;
[9]
Social equity businesses, diversely owned businesses and impact zone businesses shall always have priority over other license applicants;
[10]
Conditional license applicants shall always have priority over annual license applicants;
[11]
Microbusiness license applicants shall always have priority over standard cannabis business license applicants;
[12]
Microbusinesses that are also impact zone businesses shall always have priority over other microbusinesses; and
[13]
License applicants given bonus points pursuant to N.J.A.C. 17:30-6.1(d) shall have priority over license applicants with no bonus points.
(d)
A notification of award and conditional municipal license shall entitle the recipient applicant to pursue a state permit or license in the appropriate classification for up to 12 months. No license to operate shall issue until the applicant has received a state permit and satisfied other prerequisites of municipal licensure. If the recipient of a notice of award and conditional license has not received a state permit or license within 12 months from issuance, the Administrator shall issue a new request for applications and evaluate all applicants for licensure under the above criteria.
(e)
In addition to complying with any state requirement related to good character and criminal background, any person proposed to have an ownership interest in the license shall not have had any cannabis license or permit revoked for a violation affecting public safety in the State of New Jersey or a subdivision thereof within the preceding three years.
(f)
Prior to an application for any cannabis license being approved, the Cannabis Committee shall direct the applicant to provide written notice to all property owners and renters who reside within 200 feet of the applicant's proposed cannabis business location. The applicant shall provide the Cannabis Committee with a copy of the written notice provided to these property owners and renters, the means used to provide such notice, and documentation indicating the number of property owners and renters who were so notified by the method used to provide such notice.
(g)
Prior to an application for any cannabis license or an application by a licensed Class 5 retail cannabis establishment seeking to add-on a designated cannabis consumption area endorsement being approved; the Cannabis Committee shall direct the applicant to provide written notice to all property owners and renters who reside within 200 feet of the applicants' proposed cannabis business location. The applicant shall provide the Cannabis Committee with a copy of the written notice provided to these property owners and renters, the means used to provide such notice, and documentation indicating the number of property owners and renters who were so notified by the method used to provide such notice.
(h)
An application for a Class 5 retail cannabis license also seeking a designated cannabis consumption area endorsement must meet all requirements as set forth in this chapter herein, New Jersey law including but not limited to: N.J.S.A. 24:6I-21, N.J.A.C. 17:30-1.2 et seq. including N.J.A.C. 17:30-14.10; Cannabis consumption area conduct, and other recent New Jersey state law amendments governing cannabis consumption areas, the Smoke-Free Air Act, N.J.S.A. 26:30-55 et seq., and any other applicable New Jersey laws and amendments thereto.
(i)
A licensed Class 5 retail cannabis establishment may seek to add-on a designated cannabis consumption area by filing a supplemental application for a designated cannabis consumption area endorsement to be developed by Administration, with the Cannabis Committee seeking approval of the designated cannabis consumption area. Such an establishment shall establish that the designated cannabis consumption area complies with all requirements as set forth in this chapter herein, New Jersey statute, N.J.S.A. 24:6I-21 et seq., N.J.A.C. 17:30-1.2 et seq., including N.J.A.C. 17:30-14.10; Cannabis consumption area conduct, and other recent New Jersey state law amendments governing cannabis consumption areas, the Smoke-Free Air Act, N.J.S.A. 26:30-55 et seq., and any other applicable New Jersey laws and amendments thereto.
(j)
Term of license and license renewals.
[1]
Any local license issued pursuant to this section shall be valid for a period of one year from the date of issuance and shall be renewed yearly in accordance with the provisions of this section.
[2]
The Business Administrator may, at his/her discretion, adjust the renewal date of the local license to correlate with an applicant's state licensing and renewal schedule.
[3]
Renewal of any license shall be governed by any amendments to state law, regulations and/or the City of Camden Code.
[4]
Transfer of ownership of any local license or change of location of any license or modification to expand a licensed premise shall be subject to approval by the Cannabis Committee and City Planning Board and Zoning approval.
[5]
Except where the Cannabis Committee has received a complete renewal application along with the requisite fees, and has issued a license renewal, it shall be unlawful for any person to manufacture, sell, distribute, transfer, transport, or otherwise remove cannabis or cannabis products from the premises of any license after the expiration date recorded on the face of the license. A license renewal application shall consist of the following:
E.
Fees. The following fees shall apply to all cannabis businesses:
(3)
Application fee for licensed Class 5 retail establishment seeking to add-on designated cannabis consumption area endorsement: $500.
(4)
(5)
The above fees shall be submitted to the City at the time the cannabis business submits its initial application or the renewal application to the City or at the time that a licensed Class 5 retail cannabis establishment seeks approval to add on a designated cannabis consumption area endorsement. If the cannabis business's application for a cannabis license is denied by the Cannabis Committee or by the Cannabis Regulatory Commission, the City shall refund 80% of the initial application or renewal fee or fee seeking to add on a designated cannabis consumption area endorsement submitted to the City.
F.
Disciplinary actions; sanctions; penalties.
(1)
Disciplinary actions. Procedures for investigation of license violations and for suspension, revocation, or other licensing sanctions as a result of any such violation shall be as follows:
(2)
Summary suspension. Notwithstanding the foregoing section, when the Business Administrator has reasonable grounds to believe that a licensee has engaged in a willful violation of any applicable law, regulation or City of Camden Code provision, or that the public health, safety, and/or general welfare has been jeopardized and requires emergency action, the Business Administrator may enter a summary suspension order for the immediate suspension of such license pending further investigation.
(a)
The summary suspension order shall be in writing and shall state the reasons therefore. The licensee shall be afforded an opportunity for a hearing as outlined herein.
(b)
The Business Administrator shall convene a review panel consisting of the Business Administrator, a second administrative officer designated by the Mayor, and an officer designated by the Chief of Police. The hearing shall be scheduled within 30 days of the date of the order.
(c)
The review panel is authorized to impose any fines, conditions, restrictions, suspensions, or combination thereof authorized by the State of New Jersey. The City may issue fines up to, but not to exceed, $2,500 per offense and/or suspension of license for a period not to exceed six months.
(3)
Inactive licenses. Following the commencement of retail sales of cannabis or cannabis products, the Business Administrator may suspend or revoke any license if the licensed premises have been inactive or unoccupied by the licensee for at least six months.
(4)
State license. The Business Administrator may suspend or revoke any license if the corresponding state license or permit for the subject location is expired, surrendered, suspended, or revoked.
G.
Site plan review requirements. The City's Zoning Officer will review and determine whether any proposed Cannabis establishment requires approval from the Zoning Board of Adjustment and or Planning Board through the zoning permit approval process.
H.
Signage and display of products.
(1)
Each business shall be permitted two signs.
(2)
Signs shall be limited to location identification/name of business.
(3)
Signs shall not promote consumption of any cannabis product.
(4)
Signage design shall not include artistic or photographic renderings of cannabis plants or paraphernalia.
(5)
Neon signs shall be prohibited.
(6)
The following words shall be prohibited from appearing on any sign: "pot" and "weed."
(7)
Signage shall comply with the City's Signage Ordinance, as may be amended from time to time.
(8)
No cannabis products shall be displayed in any windows or doors.
(9)
A Class 5 retail cannabis establishment with a designated cannabis consumption area shall designate the cannabis consumption area by conspicuous signage, which shall indicate that the cannabis consumption area may be used for the on-premises personal consumption of recreational cannabis and cannabis products.
I.
Distance requirements.
(1)
Cannabis businesses; all classes.
(a)
In addition to any other requirements and limitations established by the Commission from time to time, no cannabis business, including an alternative treatment center, seeking Class 1 through Class 5 licenses herein shall be located within:
[1]
Two hundred feet from any public or nonpublic school, licensed child-care facility, park, or playground, behavioral health facility as measured in a straight line from the nearest two points of the property lines.
[2]
Two hundred feet of the property line of any existing church or house of worship, as measured in a straight line from the nearest two points of the property lines.
[3]
Two hundred feet of any other retail cannabis business as measured in a straight line from the nearest two points of the property lines.
(b)
In addition to any other requirements and limitations established by the Commission from time to time, no cannabis business, including an alternative treatment center seeking Class 1 through Class 5 licenses herein shall be located in any residential zone unless otherwise permitted in this chapter.
(c)
In addition to any other requirements and limitations established by the Commission from time to time, a cannabis business shall not be co-located within any structure or building that is also being utilized for residential use.
(d)
At the time that an application for any cannabis license is submitted to the Cannabis Committee, the application shall also include a certified survey establishing that the proposed cannabis business location meets the distance requirements established herein as well as establishing that the proposed location meets all zoning requirements.
J.
Requirements for cannabis businesses.
(1)
All cannabis businesses.
(a)
There shall be no on- site sales of alcohol or tobacco products and consumption of recreational cannabis shall only take place in an approved Class 5 retail cannabis establishment with a designated cannabis consumption area as defined herein and such consumption shall be in conformance with all requirements as set forth in this chapter herein, New Jersey statute, N.J.S.A. 24:61-21 et seq., N.J.A.C. 17:30-1.2 et seq., including N.J.A.C. 17:30-14.10; cannabis consumption area conduct, and other recent New Jersey state law amendments governing cannabis consumption areas, the Smoke-Free Air Act, N.J.S.A. 26:30-55 et seq., and any other applicable New Jersey laws and amendments thereto.
(b)
For any licensed cultivation, processing, manufacturing, or similar operation, the facility shall provide an air-treatment system with sufficient odor absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights-of-way, or within any other unit located within the same building as the licensed facility if the use only occupies a portion of a building.
(c)
For any licensed cultivation, processing, manufacturing, or similar operation, the facility shall provide for noise mitigation features designed to minimize disturbance from machinery, processing and/or packaging operations, loading, and other noise-generating equipment or machinery. All licensed facilities must operate within applicable state decibel limitations.
(d)
No outside storage of any cannabis, cannabis products, or cannabis paraphernalia shall be permitted.
(e)
All licensed cannabis facilities shall have a round-the-clock video surveillance system, 365 days a year.
(f)
Video surveillance shall be retained a minimum of seven days or pursuant to state and federal law, whichever is greater.
(g)
All licensed facilities must provide the Camden County Police Department, Metro Division, with access to security footage immediately upon request by the Department.
(h)
All licensed facilities must provide at least one licensed security guard (or more if required by the state) during all times the facility is open to the public.
(i)
For any licensed cultivation operation, the facility must avoid lighting spillover into any residential neighborhoods and must comply with all applicable state lighting limitations.
(j)
As applicable and to the fullest extent possible, all licensed facilities must provide for adequate buffering as otherwise required by City of Camden ordinance.
(k)
All cannabis establishments shall conduct business and operations indoors except for a Class 5 retail cannabis establishment with a designated cannabis consumption area, as defined herein, with an approved exterior structure.
(2)
Cannabis retailers; Class 5.
(a)
In addition to the above, cannabis retailers, including a Class 5 retailer with a designated cannabis consumption area, must also meet the following requirements:
[1]
A cannabis retailer may operate between the hours of 9:00 A.M. and 8:00 P.M. Monday through Saturday and between the hours of 10:00 A.M. and 5:00 P.M. on Sunday.
[2]
No more than one ounce of cannabis or cannabis product may be sold to a specific customer at a given time.
[3]
Use or consumption of cannabis or cannabis products shall not be permitted except when taking place within a designated cannabis consumption area. Use or consumption of cannabis or cannabis products shall be in compliance with all requirements as set forth in this chapter herein, New Jersey statute, N.J.S.A. 24:6I-21 et seq., N.J.A.C. 17:30-1.2 et seq., including N.J.A.C. 17:30-14.10; Cannabis consumption area conduct, and other recent New Jersey state law amendments governing cannabis consumption areas, the Smoke-Free Air Act, N.J.S.A. 26:30-55 et seq., and any other applicable New Jersey laws and amendments thereto.
[4]
All cannabis retailers shall be enclosed in heated/air-conditioned permanent buildings, not trailers, outdoors, movable kiosks, etc. A Class 5 cannabis retailer with a designated cannabis consumption area, as defined herein, may have an indoor structure or exterior structure for such consumption provided that the designated cannabis consumption area meets all of the requirements as set forth in this chapter herein, New Jersey statute, N.J.S.A. 24:6I-21 et seq., N.J.A.C. 17:30-1.2 et seq., including N.J.A.C. 17:30-14.10; Cannabis consumption area conduct, and other recent New Jersey state law amendments governing cannabis consumption areas, the Smoke-Free Air Act, N.J.S.A. 26:30-55 et seq., and any other applicable New Jersey laws and amendments thereto.
[5]
Any cannabis retailer shall only have one primary public access point, which shall be directly adjacent to the right-of-way or parking area of the building. Access should not be through common entrances with other uses.
[6]
Drive-through facilities only are not permitted.
[7]
All cannabis retailers shall be secured in accordance with State of New Jersey statutes and regulations; shall have a round-the-clock video surveillance system, 365 days a year.
[8]
At least one licensed security guard shall be onsite at all times during a retail cannabis business's hours of operation. All patrons must be screened by said security employee and patrons must demonstrate proof of minimum age (21 years old).
[9]
Cannabis retailers' interiors shall provide a secure location for storage of products with minimum products in any customer service area.
[10]
People shall not be permitted to congregate outside of a cannabis retailer, loiter or wait in line to access the cannabis retailer. The facility shall have a plan in place if interior capacity is exceeded, i.e., numbers are given and customers wait in their vehicles until called.
(3)
Cannabis delivery license; Class 6. Any law enforcement officer of the Camden County Police Department or any officer of the City's Code Enforcement Department may request that cannabis business personnel performing a transport or delivery to present a cannabis business identification card or a copy of a transport order or delivery request.
K.
Parking and loading.
(1)
Retail:
(a)
Number of parking spaces: A retail cannabis business establishment shall be required to provide no less than one parking space per 250 square feet of gross floor area. A retail cannabis business establishment with a designated cannabis consumption area shall be required to also provide no less than one parking space per 250 square feet of gross floor area for a designated cannabis consumption area.
(b)
Regulations. Retail cannabis businesses also shall follow the parking regulations set forth in the Camden City Code, unless such establishments are located within an area governed by a redevelopment plan, in which case the parking standards set forth in the redevelopment plan shall control.
(c)
Off-site arrangements. Parking requirements may be satisfied through an off-site parking arrangement.
(2)
All other cannabis businesses:
(3)
Loading requirements:
(a)
Retail. A retail cannabis business establishment shall adhere to the Camden City Code regarding required loading areas for commercial uses.
(b)
All other cannabis businesses. All nonretail cannabis businesses shall adhere to the Camden City Code regarding required loading areas for light industrial and warehouses.
L.
Odor mitigation/smoking.
(1)
All cannabis businesses must provide adequate HVAC air quality equipment.
(2)
Cannabis odor must not permeate outside any cannabis business establishment.
(3)
All cannabis businesses shall adhere to generally applicable City ordinances regulating odor emissions and environmental impacts.
(5)
All cannabis cultivators must provide a water mitigation plan.
(6)
No smoking is permitted inside or outside of any cannabis business establishment.
(7)
A Class 5 retail cannabis establishment with a designated cannabis consumption area shall meet all of the requirements as set forth in this chapter herein, New Jersey statute, N.J.S.A. 24:61-21 et seq., N.J.A.C. 17:30-1. 2 et seq., including N.J.A.C. 17: 30-14.10; Cannabis consumption area conduct, and other recent New Jersey state law amendments governing cannabis consumption areas, the Smoke-Free Air Act, N.J.S.A. 26:30-55 et seq., and any other applicable New Jersey laws and amendments thereto.
M.
Noise mitigation.
(1)
All cannabis businesses shall adhere to all generally applicable noise ordinances, nuisance ordinances, other Camden City Code requirements and all other state and federal requirements.
(2)
All nonretail cannabis businesses shall take such sound mitigation practices as may be necessary, including but not limited to the installation of insulation if appropriate.
(3)
All nonretail cannabis businesses shall adhere to the requirements of N.J.A.C. 7:29.
N.
Hours of operation.
O.
Capacity.
(1)
Retail. A maximum of 10 patrons per 250 square feet of gross floor area shall be permitted in any retail cannabis business establishment. By way of clarification, floor area which is not accessible to customers (e.g., storage) shall not be included in the gross floor area for purposes of this calculation. The business's security employees shall monitor patron capacity and restrict entry if necessary.
(2)
All other cannabis businesses. The capacity of all nonretail cannabis businesses shall be governed by the generally applicable requirements for manufacturing and light industrial businesses within the City.
P.
Consumption, possession, nuisance and unregulated sale.
(1)
Consumption of any cannabis products in any cannabis business establishment and in any other business establishment is prohibited except in an approved Class 5 retail cannabis establishment with a designated cannabis consumption area as defined herein.
(2)
Prohibition in public places. No person shall consume, use, smoke, vape, aerosolize, imbibe or possess in any open container any cannabis or cannabis product in or upon public or quasi-public place.
(3)
Prohibition in vehicles. No person shall consume, use, smoke, vape, aerosolize, imbibe any cannabis or cannabis products in or upon any private vehicle while the vehicle is in motion or parked upon any such public or quasi-public place.
(4)
Other prohibitions. No person shall consume cannabis items through smoking, vaping or aerosolizing in any place that any other law prohibits the smoking of tobacco, including N.J.S.A. 2C:33-13 and the "New Jersey Smoke-Free Air Act," N.J.S.A. 26:3D-55 et seq.
(6)
Nuisance. It shall be deemed a nuisance if a person who is consuming, using, smoking, vaping, aerosolizing or imbibing cannabis shall permit excessive odor or other pollution to extend beyond the person's premises.
R.
Area and yard requirements.
(1)
Class 2, Class 3 and Class 4 shall have minimum lot area of 2.5 acres.
(2)
Total building or structure coverage shall not exceed 50% of the lot coverage provided all parking and other yard requirements are met.
(3)
Retailer - Class 5. The minimum lot area shall have a range from 1,000 to 40,000 square feet as determined by the Zoning Officer.
S.
Transfer and user tax.
(1)
Purpose. It is the purpose of this section to implement the provisions of the New Jersey Cannabis Regulatory, Enforcement, Assistance and Marketplace Modernization Act[2] which authorizes a municipality to impose cannabis transfer and user taxes. The definitions and other provisions of the Act and N.J.A.C. 17:30 are hereby incorporated herein. Any amendments to the Act and N.J.A.C. 17:30-1.2 are also incorporated herein without the need to revise this section.
[2]
Editor's Note: See N.J.S.A. § 24:6I-31 et seq.
(2)
Transfer tax.
(a)
There shall be a transfer tax imposed on the receipts from the sale of cannabis and cannabis items from the following licensed person or entity located in this municipality:
(b)
The transfer tax rates imposed on the sales of cannabis shall not exceed 2% of the receipts from each sale by a cannabis cultivator; 2% of the receipts from each sale by a cannabis manufacturer; 1% of the receipts from each sale by a cannabis wholesaler; and 2% of the receipts from each sale by a cannabis retailer.
(c)
The transfer tax shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity with regard to cannabis.
(e)
The transfer tax shall be stated, charged and shown separately on any sales slip, invoice, receipt or other statement or memorandum of the price paid or payable or equivalent value of the transfer for the cannabis or cannabis item.
(f)
The transfer tax shall not apply to transfers involving distributors for purposes of bulk transportation.
(g)
The transfer tax shall not apply to delivery services to consumers.
(3)
User tax.
(a)
There shall be a user tax imposed on any concurrent license holder operating more than one cannabis establishment.
(b)
The user tax rate shall be the same rate as the transfer tax above: The user tax rates imposed on the sales of cannabis shall not exceed 2% of the receipts from each sale by a cannabis cultivator; 2% of the receipts from each sale by a cannabis manufacturer; 1% of the receipts from each sale by a cannabis wholesaler; and 2% of the receipts from each sale by a cannabis retailer.
(c)
The user tax shall be imposed on the value of each transfer or use of cannabis or cannabis items not otherwise subject to the transfer tax imposed on the license holder's establishment that is located in the municipality to any of the other license holder's establishments, whether located in this municipality or any other municipality.
(d)
The user tax shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity with regard to cannabis.
(e)
Any transaction for which the user tax is imposed, is exempt from the tax imposed under the "Sales and Use Tax Act", except for those which generate receipts from the retail sales by cannabis retailers.
(f)
The user tax shall be stated, charged and shown separately on any sales slip, invoice, receipt or other statement or memorandum of the price paid or payable or equivalent value of the transfer for the cannabis or cannabis item.
(4)
Collection of transfer and user tax; delinquencies.
(a)
In accordance with the provisions of N.J.S.A. 40:48I-1, every cannabis establishment required to collect the transfer and user taxes imposed by this section shall be personally liable for the transfer and user tax imposed, collected, or required by this section and under N.J.S.A. 40:48I-1.
(b)
Any cannabis establishment collecting a transfer tax or user tax shall have the same right with respect to collecting the tax from another cannabis establishment or the consumer as if the tax was a part of the sale and payable at the same time or with respect to nonpayment of the transfer tax or user tax by the cannabis establishment or consumer, as if the tax was part of the purchase price of the cannabis or cannabis item and payable at the same time, provided that the Finance Director of the City of Camden which imposes the transfer tax and user tax is joined as a party in any action or proceeding brought to collect the transfer tax or user tax.
(c)
No cannabis establishment required to collect the transfer and user taxes imposed by this section shall advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the transfer tax or user tax will not be separately charged and stated to another cannabis establishment or the consumer or that the transfer tax or user tax will be refunded to the cannabis establishment or the consumer.
(d)
Each cannabis establishment collecting transfer and user taxes pursuant to this chapter shall be remitted to the Finance Director of the City of Camden on a monthly basis.
(e)
Delinquent taxes. If a licensee is a lessee of the parcel of the real property comprising the cannabis establishment premises, and the licensee/lessee becomes delinquent in submitting either the transfer or user taxes for more than 30 days, the City may refer the licensee/lessee to the Business Administrator (or Committee) to consider any actions to be taken, including but not limited to, penalties to be imposed, suspension of the license, disallowance of a license renewal or any other remedies allowed by law.
(f)
If the licensee is the owner of the parcel of real property comprising the cannabis establishment premises, and if the transfer tax or user tax is not paid when due, the unpaid balance, and any interest accruing thereon, shall be a lien on the parcel of real property comprising the cannabis establishment's premises. The annual City license issued pursuant to this section hall not be renewed for the cannabis establishment should any transfer or user tax pursuant to this section be delinquent.
(g)
The lien shall be superior and paramount to the interest in the parcel of any owner, lessee, tenant, mortgagee, or other person, except the lien of municipal taxes, and shall be on a parity with and deemed equal to the municipal lien on the parcel for unpaid property taxes due and owing in the same year.
(h)
The City shall file with the Tax Collector a statement showing the amount and due date of the unpaid balance of cannabis taxes and identifying the lot and block number of the parcel of real property that comprises the delinquent cannabis establishment's premises. The lien shall be enforced as a municipal lien in the same manner as all other municipal liens are enforced.
§ 870-38.1 Permitted uses in certain wards; licensing and regulating tobacco stores, smoke shops and other retail business establishments involved in the principal sale of tobacco, tobacco products, smoking paraphernalia and tobacco paraphernalia.
[Added 6-12-2025 by Ord. No. MC-5565]
A.
Purpose.
(1)
This chapter is enacted to license and regulate tobacco stores, smoke shops and other retail business establishments involved in the principal sale of tobacco, tobacco products, smoking paraphernalia and tobacco paraphernalia in the City of Camden.
B.
Recitals incorporated. The aforementioned recitals are incorporated herein as though fully set forth at length.
C.
Definitions.
(1)
The definitions and other provisions of the New Jersey Smoke-Free Air Act, N.J.S.A. 26: 3D-55 et seq. are incorporated herein. Any amendments to the Smoke-Free Air Act are also incorporated herein without the need to revise this Chapter.
(2) ELECTRONIC SMOKING DEVICE PERSON PRINCIPAL SALE OF TOBACCO, TOBACCO PRODUCTS, SMOKING PARAPHERNALIA AND TOBACCO PARAPHERNALIA SMOKE SHOP SMOKING SMOKING DEVICE TOBACCO PARAPHERNALIA TOBACCO PRODUCT TOBACCO STORE or TOBACCO SHOP TRANSFER OF OWNERSHIP INTEREST or CONTROLLING INTEREST
The following definitions shall apply to all tobacco stores, smoke shops and other retail business establishments involved in the principal sale of tobacco, tobacco products, smoking paraphernalia and tobacco paraphernalia as defined below in the City of Camden.
Means an electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.
Any natural person, corporation, partnership, limited liability company (LLC) or other legal entity.
Refers to an establishment in which at least 51% of its retail business is for the sale of tobacco, tobacco products, smoking paraphernalia and tobacco paraphernalia and in which the sale of other products is merely incidental.
A retail business which, as one of its principal business purposes, offers for sale or allows the use of tobacco, tobacco products, smoking paraphernalia and tobacco paraphernalia and has visible exterior or interior signage that refers to the use of tobacco, tobacco products, smoking paraphernalia and tobacco paraphernalia and in which the sale of other products is merely incidental, which would exclude a grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale and which shall not be defined as a "smoke shop" and shall not be subject to the restrictions in this chapter.
Means the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
Means any lighted cigar, cigarette, pipe or other device designed for burning tobacco for purposes of inhaling tobacco smoke.
Means any pipe, water pipe, hookah, rolling papers or any other device or equipment designed for purposes of inhaling tobacco smoke, chewing tobacco or otherwise ingesting or absorbing tobacco into the body.
Means any product made or derived from tobacco that is intended for human consumption. The term "tobacco product" does not include those foods, drugs or devices, or combination products approved by the U.S. Food and Drug Administration for sale as provided for in the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301.
Means any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of sale of tobacco, tobacco products, smoking paraphernalia and tobacco paraphernalia and in which the sale of other products is merely incidental, which shall exclude a grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale and which shall not be defined as a "tobacco store" and shall not be subject to the restrictions in this chapter.
Refers to a transfer, sale, assignment, disposition, conveyance, gift, pledge or other transfer, directly or indirectly, of more than 50% of the ownership interest in a sole proprietorship, corporation, partnership, limited liability company (LLC) or any other business entity. Such transfer shall include those occurring through a merger, consolidation, reorganization or any other restructuring of a business.
D.
Licensing requirements.
(1)
A tobacco store, smoke shop or other retail business establishment whose business involves the principal sale of tobacco, tobacco products, smoking paraphernalia and tobacco paraphernalia must obtain a license from the City of Camden, which shall hereafter be referred to as a "retail sale of tobacco license" or a "retail sale of tobacco license - nonconforming."
(2)
No person shall establish, maintain or operate a tobacco store, smoke shop or other retail business establishment involved in the principal sale of tobacco, tobacco products, smoking paraphernalia and tobacco paraphernalia without first obtaining a "retail sale of tobacco license" or a "retail sale of tobacco license - nonconforming" from the City of Camden.
(3)
Application process.
(a)
Tobacco stores, smoke shop and other retail business establishments whose business involves the principal sale of tobacco, tobacco products, smoking paraphernalia and tobacco paraphernalia shall obtain a "retail sale of tobacco license" prior to engaging in the retail business of selling tobacco, tobacco products, smoking paraphernalia and tobacco paraphernalia.
(b)
The Chief License Inspector is hereby designated to act as the licensing authority for the City for all applications seeking a license pursuant to this chapter.
(c)
For those tobacco stores, smoke shop and other retail business establishments whose business involves the principal sale of tobacco, tobacco products, smoking paraphernalia and tobacco paraphernalia and which are operating through a mercantile license issued by the City of Camden at the time of enactment of this section, such business shall be listed as "nonconforming" pursuant to § 870-187 of the Camden Code and such business shall be eligible to continue such operations pursuant to the provisions of § 870-187 of the Camden Code. For those businesses that fall within this subsection, the Chief License inspector shall utilize the current process for reviewing and approving a license for such current licensees. A license issued to a business establishment pursuant to this subsection shall be issued a license which states: "retail sale of tobacco license - nonconforming."
(d)
Subsection D(3)(c) above shall not apply where such business has undergone a transfer of ownership or controlling interest or there has been a change of location for that business. In instances where a transfer of ownership interest or controlling interest has occurred or where there has been a change of location, Subsection D(3)(c) above shall not apply, and the remainder of this section shall apply and be in force and effect.
(e)
Transfer of ownership interest or controlling interest a license or change of location shall be subject to the approval of the Director of the Department of Code Enforcement, the Chief License Inspector, the Planning Board and City Council. A transfer of ownership interest or controlling interest caused by the death of a spouse, domestic partner or adult child shall not be unreasonably denied.
(4)
The Chief License Inspector shall issue a maximum of 12 retail sale of tobacco licenses with no more than three licenses permitted per Ward in the City of Camden.
(5)
Distance requirements.
(a)
A retail sale of tobacco license shall not be issued to any business located within:
[1]
200 feet from any public or nonpublic school, licensed child-care facility, park, or playground, as measured in a straight line from the nearest two points of the property lines.
[2]
200 feet of the property line of any existing church or house of worship, as measured in a straight line from the nearest two points of the property lines.
[3]
A retail sale of tobacco license shall not be permitted or issued within any Residential zone in the City of Camden.
(6)
All currently operating tobacco stores, smoke shops and other retail business establishments involved in the principal sale of tobacco, tobacco products, smoking paraphernalia and tobacco paraphernalia shall be required to file an application for a "retail sale of tobacco license - nonconforming" within 60 days of the effective date of this section.
(7)
A currently operating tobacco store, smoke shop and other retail business establishment involved in the principal sale of tobacco, tobacco products, smoking paraphernalia and tobacco paraphernalia shall be given the option to apply for a "retail sale of tobacco license" in lieu of obtaining a "retail sale of tobacco license - nonconforming" license. Such business shall comply with all of the provisions required for a "retail sale of tobacco license" and such license, if issued, shall count towards the maximum number of retail sale of tobacco licenses allowed pursuant to the provisions of Subsection D(5), above.
(8)
The Department of Code Enforcement shall develop the application process for the "retail sale of tobacco license" and the "retail sale of tobacco license - nonconforming" within 30 days of the effective date of this section.
(9)
The Department of Code Enforcement shall also develop policies and procedures related to appropriate internal and external advertising at any business establishment that falls within the provisions of § 870-38.1 of this chapter that has a "retail sale of tobacco license" or a "retail sale of tobacco license - nonconforming" license.
(11)
The location proposed for licensing by the applicant for a "retail sale of tobacco license" and the "retail sale of tobacco license - nonconforming" shall comply with all applicable municipal zoning laws and the location restrictions set forth in this code.
(12)
Nothing in this Section shall exempt any business establishment from seeking and obtaining site plan approval as required by the provisions of the Camden City Code.
F.
Violations and penalties.
(1)
Violations and penalties of this section shall be imposed in accordance with the provisions of § 1-15 of the Camden Code.
(2)
Referral to Planning Board. Following introduction and prior to adoption, the Clerk shall cause a copy of this ordinance to be referred to the City of Camden Planning Board for review pursuant to N.J.S.A. 40:55D-26.
§ 870-39 Restricted uses.
A.
Aircraft. The landing, taking off, parking, storing or maintaining of any aircraft or airborne vehicle, except in connection with an airport, shall be prohibited.
B.
Junk vehicles. The maintenance in any yard, area or open space of any nonregistered, inoperable, wrecked or junked automobile or vehicle, except as otherwise specifically permitted by any provision of this chapter, shall be prohibited.
C.
Commercial trucks, freight containers, portable storage containers, roll-off containers, school buses and tractor-trailers.
[Amended 3-14-2023 by Ord. No. MC-5439]
(1)
The parking of a commercial truck, a freight container, a portable storage container, a roll-off container or a Type B, C or D school bus or school vehicle, or a tractor-trailer, as those terms are defined in Chapter 508, on any street or highway in any residential zone district within the City of Camden shall be governed by Chapter 508. The storing, keeping or maintaining of any commercial truck, a freight container, a Type B, C or D school bus or school vehicle, or a tractor-trailer, as those terms are defined in Chapter 508, in the open on any residential property shall be prohibited.
D.
Trailers. The parking of any trailer on any street or highway in any residential zone district within the City of Camden shall be governed by Chapter 508 and therefore prohibited. The storing, keeping or maintaining of any trailer in the open on any residential property, except as otherwise specifically permitted by any provision of this chapter, shall be prohibited.
[Amended 3-14-2023 by Ord. No. MC-5439]
E.
Garage sales. A person may conduct not more than three sales, commonly known as "garage, porch, attic, basement or lawn sales," on his or her premises in any one calendar year. The sale shall generally be known as a "garage sale," which is defined as any public sale of used personal property in a residential area of the City, commencing not earlier than 9:00 a.m., terminating by sundown and extending no more than a two-day period. "Garage sales" shall offer only used items and personal property owned by the residents where the sale is held. No new merchandise shall be offered for sale. No new merchandise from sources other than the home in question shall be brought in and offered for sale.
§ 870-40 Conditional uses.
Any use listed as a conditional use in a particular zone district may be permitted by the Planning Board, but only after it has determined that the development proposal complies with the conditions and standards set forth in this chapter for the location and operation of such use. All conditional uses shall comply with the following requirements and standards in addition to those set forth elsewhere in this chapter:
A.
Before a building permit or certificate of occupancy shall be issued for any conditional use as permitted by this article, application shall be made to the Planning Board. The Planning Board shall grant or deny said application within 95 days of submission of a complete application by a developer to the Zoning Officer/Administrative Officer, or within such further time as may be consented to by the applicant.
B.
All proposed structures, equipment, or material shall be readily accessible for fire and police protection.
C.
The proposed use shall be of such location, 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, shall be free of nuisance characteristics, and shall not be detrimental to the orderly development of adjacent properties (particularly if it is located in an historic, historic conservation or residential zone) in accordance with the zoning classification of such properties.
D.
In addition to the above, in the case of any use located in, or directly adjacent to, a residential zone or use:
(1)
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access street shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, the said residential zone or use, or conflict with the normal traffic of the neighborhood; and
(2)
The location and height of buildings; the location, nature, and height of walls and fences, and the nature and extent of landscaping on the site, shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings, nor materially affect the value of property.
E.
Each application for a conditional use shall be accompanied by a proposed site plan showing the size and location of the lot, the location of all buildings and proposed facilities including access drives, parking areas, and all streets.
F.
In all requests for approval of a conditional use, the burden of proof shall be on the applicant. In making its decision on an application for a conditional use, the Board shall take no action which will be detrimental to the public welfare or which will substantially impair the intent or purpose of this chapter. The Board shall be guided by the following principles:
(1)
The proposed use will not be prejudicial to the character of the neighborhood.
(2)
The proposed use does not affect adversely the general plans for the physical development of the City, as embodied in this chapter and in any master plan or portion thereof.
(3)
The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood.
(4)
The proposed use will not be affected adversely by the existing uses.
(5)
The proposed use will adequately provide for access facilities for the estimated traffic from public streets and sidewalks.
(6)
The proposed use shall be subject to the off-street parking, loading and service requirements of this chapter.
(7)
Screening or buffer strips, as required, shall be installed.
(8)
No outdoor floodlighting or spotlighting shall be permitted to shine directly or indirectly on any abutting property.
(9)
The proposed use shall be reasonable in terms of the logical, efficient and economical extension of public services and facilities, such as water, sewers, police and fire protection, transportation, recreation and public schools.
(10)
Each proposed use shall be further subject to specific conditions as set forth in this chapter.
G.
Any lot for which a conditional use may be granted shall be deemed to be a conforming use in the district in which such use is located, except as provided in Subsection H below, provided that such approval shall affect only the lot or portion thereof for which such use shall have been granted.
H.
In case of review of the conditional use, the Planning Board may impose such reasonable conditions, including but not limited to the placing of fencing and screening as will minimize the impact it has upon surrounding residential properties. In such cases, the Planning Board may also permit reasonable changes in existing structures on the land, within the limitation of the zone in which said use is located, for the purpose of limiting the open use of the land.
§ 870-41 Uses requiring site plan approval.
A.
All activities except the following shall require site plan approval:
(1)
The construction, customary use, and modification of single-family detached dwelling units and two-family dwellings.
(2)
Accessory structures such as private garages, swimming pools, storage sheds, etc., which are incidental to single-family detached dwellings.
(3)
Fences; provided that the fence does not violate a condition of prior variance approval, and further provided that if the proposed fence is to be located on a site developed for nonresidential use, the fence shall not alter the means of ingress and egress as approved by the Planning Board.
(4)
Paving of an unpaved driveway on property developed for single-family dwellings; provided that the paving shall not violate a condition of a prior variance approval.
(5)
Construction which is determined by the Zoning Officer/Administrative Officer to constitute ordinary repairs, as defined by the State of New Jersey Department of Community Affairs Uniform Construction Code.
(6)
A proposed development involving a change in use or occupancy but not affecting existing circulation, drainage, building arrangements, landscaping, buffering, lighting, off-street parking, and other considerations of site plan review. Normal maintenance or replacement such as a new roof, painting, new siding or similar activity is exempt from site plan approval.
(7)
Interior alterations or work on exterior building facades, windows or roofing. However, issuance of a building permit for the work in no way limits the City's authority to require future site plan approval based upon the proposed use of the building.
(8)
Any change in the occupancy of a building or the utilization of a building or land which does not require more off-street parking spaces than the previous use based upon parking requirements this chapter.
(9)
Any structure or use for which a site plan review application was made to the Planning Board prior to the effective date of this chapter under City ordinances and regulations then in effect superseded by this chapter and that is developed in accordance with an approval of such application heretofore given by the Planning Board pursuant to said prior ordinances and regulations for which a building permit is on file with the Construction Official as of the effective date of this chapter, provided that such approval is less than two years old.
(10)
Soil disturbance of less than 100 cubic yards in total and regardless of the time span required to accomplish the proposed disturbance, except that nothing shall be constructed to prevent the otherwise lawful excavation or cutting, stripping, or other change in the existing configuration of the land for the following purposes and no others;
(11)
Gardening for noncommercial purposes.
(12)
Horticultural uses when in accordance with accepted practices approved by the County Soil Conservation District.
(13)
The construction or reconstruction of curbs, sidewalks, private residential driveways, drainage systems, and other utility service connections, provided that all other City, county, and state approvals have been received.
(14)
Installation, removal, replacement or maintenance of landscaping, including trees, shrubs, flowers, and cover where the existing land contours are not changed by more than one foot.
B.
Site plans for uses of all property, except individual single-family detached residences and those exemptions listed above, shall in addition to conforming to any and all regulations pertaining thereto that are specifically set forth in this chapter, be reviewed and approved by the Planning Board prior to this issuance of a zoning permit. In considering any site plan, the Planning Board shall be governed by the objectives and standards contained within this chapter.
§ 870-42 Area, yard and building requirements.
A.
The schedule of regulations entitled "Schedule of Area, Yard and Building Requirements," made a part hereof, applying to the uses of land and buildings, the yard and other open spaces to be provided contiguous thereto and all other matters contained therein, as indicated for the various zones established by this chapter, is hereby declared to be a part of this chapter and is incorporated herein by reference and may be found at the end of this chapter.[1]
[1]
Editor's Note: The area, yard and building requirements for each zoning district can be found in the district's corresponding article.
B.
The regulations listed for each zone as designated, reading from left to right across the aforesaid schedule, are hereby prescribed for such zones, subject to the other provisions in this chapter, and shall be deemed to be the minimum requirements in every instance of their application, unless otherwise stated.
§ 870-43 Waiver of site plan and subdivision standards; review.
The rules, regulations, and standards set forth in this article shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the City. Any action taken by the Board under the terms of this article shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of this chapter is impracticable or will exact undue hardship, the Planning Board may permit such exemption(s) and waiver(s) as may be reasonable, within the general purpose and intent of the rules, regulations and standards established by this chapter. The Planning Board may waive the requirements for site plan approval where there is a change in use or occupancy and no extensive construction or improvements (or de minimis construction or improvements) are sought. The waiver may be granted only upon a resolution by the Board's finding that the use will not affect existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of site plan approval and that the existing facilities do not require upgraded or additional site improvements. The application for a waiver shall include a discussion of the prior use of the site, the proposed use and its impact. The waiver can be granted only at a public meeting. An application for plan waiver shall be considered to be an application for site plan approval so as to authorize and permit the Planning Board to exercise its ancillary powers to hear variance requests pursuant to N.J.S.A. 40:55D-60.
§ 870-44 Issuance of approvals and relief from provisions requiring no indebtedness to City; installment agreements.
[Amended 3-11-2014 by Ord. No. MC-4820]
A.
No person, taxable association, entity, partnership or corporation shall be entitled to any approval, relief or remedy under this article by the Zoning Officer, Planning Board or the Zoning Board of Adjustment of the City of Camden, or any other commissions having advisory powers pursuant to this article, unless a certification is obtained from the Tax Collector of the City of Camden showing the applicant or petitioner to be free and clear of any and all monetary obligations owing to the City of Camden by way of municipal taxes, fees, water and sewer charges, judgment or any other indebtedness created by law, or that the applicant has entered into an appropriate installment agreement with the Tax Collector for the payment of the aggregate outstanding amount of taxes, assessments, municipal charges, and other indebtedness owed to the City by installment payments and that the applicant is in full compliance with the terms of that agreement.
B.
Installment payments under an agreement made pursuant to this section shall be regularly and promptly made to the City. Additionally, all current municipal taxes, fees, water and sewer charges, judgment or any other indebtedness owed to the City shall be paid to the City. Each applicant seeking to enter into an installment agreement with the City pursuant to this section shall provide the Tax Collector with such information deemed relevant in determining the applicant has sufficient income to discharge his/her obligation to make installment payments. All installment agreements subject to this section shall provide for a down payment of at least 10% of the aggregate outstanding amount of taxes, assessments, municipal charges, and other indebtedness owed to the City and for the full satisfaction of the balance of the aforesaid aggregate amount in substantially equal monthly installments over a period not to exceed three years. The down payment required under this section may be reduced or waived only if the applicant demonstrates an ability to pay by installment payments but does not have the necessary down payment.
C.
If an installment or current tax, assessment, municipal charge, or other indebtedness to the City is not paid when due or is not completed within the time fixed by the installment agreement, or there is any other default under the installment agreement, the applicant will have 30 days to make such payment. During the aforesaid thirty-day cure period, all approvals, relief, or remedy granted hereunder shall be suspended until such time as the default shall be cured. If the payment is not made or other default not cured, the installment agreement shall be cancelled and the municipality shall be entitled to exercise all of its rights under law with respect to the outstanding amount of taxes, assessments, municipal charges, and other indebtedness owed to the City. Additionally, if the installment agreement is cancelled, all approvals, remedy or relief granted hereunder shall be rescinded and revoked and shall not be reinstated unless the aggregate indebtedness is paid in full.
D.
All requirements in the City Zoning Ordinance requiring a certification from the City Tax Collector that all of the applicant's taxes and assessments be paid to date can be satisfied in the alternative by applicant's presentation of proof of applicant's entering into an appropriate installment agreement with the City Tax Collector for the payment of the aggregate outstanding amount of taxes, assessments, municipal charges, and other indebtedness owed to the City.
E.
The applicant for any relief or remedy within the jurisdiction and purview of this article shall execute an affidavit attesting to the absence of any liability as stated herein to the City, in a form prescribed by the Office of City Attorney, or present proof of applicant's entering into an appropriate installment agreement with the City Tax Collector for the payment of the aggregate outstanding amount of taxes, assessments, municipal charges, and other indebtedness owed to the City, prior to final approval by the Planning Board, the Board of Adjustment or the governing body, in the appropriate case.
F.
An applicant's payment of, or entering into an installment agreement to pay, the aggregate outstanding amount of taxes, assessments, municipal charges, and other indebtedness owed to the City shall in no way release, relieve or excuse the applicant from fully satisfying all land use and other requirements in the City Zoning Ordinance.
§ 870-45 Residence in trailers or mobile homes only in trailer or mobile home parks; construction trailers.
A.
No person shall reside in a unit defined as a "trailer," "house trailer," "trailer coach," "camp car" or "mobile home" in this article except in those areas duly licensed and designated as "trailer parks" or "mobile home parks."
B.
No person, partnership, corporation, association or other entity shall use any unit defined as a "trailer house," "trailer," "trailer coach," "camp car," or "mobile home" in this article for any commercial or industrial purpose except those units used at construction sites in connection with the erection of new buildings or the renovation of existing buildings. In the latter event, the unit shall be removed no later than 15 days after the completion of said construction.
§ 870-46 Planning Board/Zoning Board jurisdiction.
In this chapter, any reference to the "Planning Board" shall be considered to refer to the Zoning Board of Adjustment in those instances when the Zoning Board of Adjustment has jurisdiction as granted by the Municipal Land Use Law (N.J.S.A. 40:55D-1 et. seq.) and vice versa.
§ 870-46.1 Bylaws.
The Planning Board and Zoning Board of Adjustment may, from time to time, promulgate such rules and regulations as it may deem necessary for the proper internal administration of this chapter. A copy of such rules and regulations shall be kept in the City offices on file with the City Clerk and the Zoning Officer/Administrative Officer.