Clementon City Zoning Code
ARTICLE XIXA
Conditional Uses
§ 298-73.1 In-law suites.
In-law suites shall be permitted as a conditional use in all residential zones. One in-law suite to a single-family detached dwelling shall be permitted, provided that the conditions set forth in this section are met, and further provided that the accessory use, in all respects, complies with this chapter relating to the zoning district wherein the proposed in-law suite is to be constructed or to be used. The intent of these provisions is to allow for related family members to reside on the premises, but to prohibit the creation of for-profit apartments in districts where multifamily housing is otherwise not permitted. The conditions are as follows:
A.
The in-law suite shall occupy no more than 500 square feet of the total usable floor area of the principal residence, not including any garage.
B.
In-law suites may contain separate cooking, sleeping, living and bathroom facilities.
C.
In-law suites shall be part of the principal residence structure for this use. There shall be no separate exterior ingress or egress allowed for the in-law suite. There may not be separate utility services (electric, gas, water, sewer).
D.
The required off-street parking for the principal dwelling plus one additional off street parking space for the in-law suite shall be provided.
E.
In-law suites shall be occupied only by immediate family members such as elderly parents or dependent adult children.
F.
There shall be no changes to the exterior of the residence which suggests that the dwelling unit is other than a single-family dwelling or which would otherwise detract from the single-family character of the neighborhood.
G.
No more than one in-law suite shall be permitted per single-family detached dwelling.
H.
Each in-law suite shall be registered with the Borough’s Zoning Officer, who shall keep a record of its use to ensure compliance with this chapter. A fee shall be imposed by the Borough for the registration of said use. In-law suites are subject to biannual inspections by the Borough Zoning Officer.
I.
A certification shall be received from the Camden County Board of Health or other regulatory agency certifying that the wastewater facilities are adequate to accommodate the single-family dwelling as well as the in-law suite as defined in this section.
§ 298-73.2 Cannabis.
[Added 9-6-2022 by Ord. No. 2022-12]
A.
Cannabis retail establishments, referred to as "Class 5 business facilities" ("authorized recreational marijuana facility") involving the sale of marijuana and related paraphernalia for recreational purposes to the general public, and cannabis delivery services, providing for courier services for consumer purchases that are fulfilled by a licensed cannabis retailer, referred to as "Class 6 businesses," in the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act (the "Act"), P.L. 2021, c. 16, N.J.S.A. 24:62-31, shall be permitted in the Borough of Clementon subject to the following requirements and limitations:
(1)
An authorized recreational marijuana facility shall be permitted only in the B-2 Commercial Zone and B-3 Commercial Zone.
(2)
No authorized recreational marijuana facility shall be located within 200 feet of any property used for Borough school purposes or which is owned by or leased to any Borough elementary school, secondary school, or school board.
(3)
No authorized recreational marijuana facility shall be located within 50 feet of the residential district or an adjacent community's residential-only zoning district.
(4)
No authorized recreational marijuana facility shall be located within 200 feet of another similar facility.
(5)
Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12.
(6)
A site plan application has been made for the lot, and the Board has approved such conditional use, and the requirements and conditions of the site plan/conditional use have been met.
(7)
The location, size, activity, site layout, street access, and pedestrian and vehicular movement shall be harmonious with surrounding land uses.
(8)
The location and height of buildings, fences and landscaping shall not discourage the appropriate development and use or materially affect property values in the adjacent properties.
(9)
The proposed facility shall be so located and of such 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, and the use shall be free of nuisance characteristics detectable to normal senses beyond the boundaries of the property (including noise, vibration, dust, light, and sanitation).
(10)
Odor control. The facility shall provide an air treatment system with odor-absorbing ventilation and exhaust systems such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity at the property line of the subject property. Odor from the facility shall be monitored on an annual basis at the discretion of the Borough by a licensed, qualified contractor chosen by the Borough.
(11)
In addition to the above:
(a)
All cannabis establishments located within the Borough shall meet all requirements for licensure and hold the appropriate license issued by the Cannabis Regulatory Commission, Department of Treasury, State of New Jersey.
(b)
No cannabis establishment shall permit on-site consumption of cannabis or cannabis-related products, including no on-site sales and consumption of alcohol or tobacco products.
(c)
No outside storage of any cannabis, cannabis products or cannabis-related materials shall be permitted.
(d)
For each cannabis establishment located within the Borough, a security plan to be approved by the Clementon Borough Police Department shall be provided to demonstrate how the facility will maintain effective security and control of the operations. The plan should include the following but not be limited to:
[1]
Type of security systems to be installed.
[2]
Installation, operation and maintenance of security system cameras, including covering the interior of the establishment and exterior parking lots, loading areas and other such areas of the establishment.
[3]
Tracking and recordkeeping of products and materials.
[4]
Type of lighting provided in and around the establishment.
[5]
Location on-site security team and armed guard on premises.
(e)
All cannabis sales shall be conducted in heated/air-conditioned permanent buildings, not trailers, movable kiosks, etc., or outdoors.
(12)
Hours of operation shall be restricted to 11:00 a.m. to 7:00 p.m.
(13)
Persons under the age of 21 years of age are not permitted to be on the premises of any authorized recreational marijuana retail facility at any time.
(14)
Advertisements, displays of merchandise, signs, or any other exhibit depicting the activities of the facility placed within the interior of the building or premises shall be arranged or screened to prevent public viewing from outside the building or premises.
(15)
Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to a retail facility, including, but not limited to, prerecorded or live music or sounds, are prohibited.
(16)
No person(s) shall be permitted to congregate outside of a dispensary, loiter or wait in line to access the dispensary. The facility should have a plan in place if the interior capacity is exceeded, i.e., numbers are given and customers waiting in their vehicles until called.
B.
Local cannabis tax.
(1)
Transfer tax. A tax in the amount of 2% is hereby imposed on:
(2)
Users tax. A tax in the amount of 2% is hereby imposed on any concurrent license holder operating more than one cannabis establishment pursuant to P.L. 2021, c.16, Section 33. The user tax shall be imposed on the value of each transfer or use of cannabis items not otherwise subject to transfer tax imposed pursuant to Subsection B(1)(a) above from the license holder's establishment that is located in the municipality to any other license holder's establishment, whether located in the municipality or another municipality.