Florence Township City Zoning Code
ARTICLE XL
Conditional Uses
§ 91-282 Purpose.
Recognizing that certain uses, activities and structures are necessary to serve the needs and conveniences of the Township of Florence and at the same time recognizing that such uses may be or become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and character of the surrounding area, such uses are hereby designated as conditional uses. In addition to other powers conferred by this chapter and applicable statutes, the municipal agency shall have original jurisdiction pursuant to the procedural requirements established in Part 2 of this chapter to grant a permit for a conditional use under the terms and conditions established by this chapter, and under the following stipulations and guiding principles.
§ 91-283 Design standards.
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the:
A.
Character of the neighborhood and zone.
B.
Conservation of property values.
C.
Health and safety of residents or workers on adjacent properties and in the surrounding neighborhood.
D.
Potential congestion of vehicular traffic or creation of undue hazard.
E.
Principles and objectives of this chapter and planned development of the Township of Florence.
§ 91-284 Standards for consideration.
A.
In any instance where the municipal agency is required or permitted to consider a conditional use or uses, the municipal agency, among other things, shall require the following:
(1)
That there be submitted to it a complete set of plat and building plans, showing the location of the property in relation to the surrounding property and streets within 500 feet of the tract, both ways; the location of all existing and proposed buildings, structures, drives, parking areas, streams and loading zones; and the use to be made of all land areas.
(2)
That the developer submit a complete detailed statement setting forth all particulars on the operation of the proposed use.
(3)
The developer shall secure a written report from the Board of Health of the Township or from the Burlington County Department of Health as to any health or sanitary problems that may develop or be encountered if the conditional use is granted.
(4)
Assurance that the proposed use is consistent with the spirit, purpose and intent of Part 3 of this chapter.
(5)
A determination that the proposed use will not substantially injure or detract from the use of the neighboring properties or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed use is adequately safeguarded.
(6)
That the proposed use will serve the best interests of the Township, the community and the public welfare.
(7)
That no building, structure, facility, active recreation facility or use of land shall be located or used within the 50 feet of an adjacent residential property line.
(8)
That adequate off-street parking be provided so that the traffic hazards or congestion will be caused if the proposed conditional use is granted.
(9)
That the property proposed to be so occupied by such use shall have a minimum lot area of one acre and that no more than 25% of the land area be occupied by buildings or structures.
(10)
That adequate and attractive fences or sufficient landscaping, including shrubs, trees and lawns will be provided in order to provide a buffer zone sufficient to screen all adjacent residential zones or properties from the land or premises which is the subject of the application.
(11)
Provide a public hearing, after due notice, in strict accordance with the procedures set forth in the statutes of the State of New Jersey and the ordinances of the Township of Florence.
B.
In addition, such conditional uses shall adhere to the minimum standards specified for the particular use in this section and to such additional conditions and safeguards as in the opinion of the municipal agency will implement the intent and objectives of this Article and Part 2 of this chapter. In addition, in reviewing any application for a conditional use, the municipal agency shall apply the applicable standards set forth in Articles XIV through XX of this chapter.
§ 91-285 Home occupations.
A.
A home occupation may be permitted in the R, RA and AGR Districts as a conditional use in accordance with the review and approval procedures set forth in Part 2 of this chapter. The reviewing board shall determine that the following standards are met and any other requirements applying have been fulfilled.
B.
The occupation being conducted, in whole or in part, from a residence or its residential lot is an accessory use. Such occupation shall be conducted solely by resident occupants of the residential building, except that no more than one person not a resident of the building may be employed, and provided, also, that no more than 900 square feet or the equivalent of the first floor area of the building, whichever is smaller, shall be used for such purposes; the minimum area for the residence shall remain at least as large as that required for residences; no display of products shall be visible from the street; the residential character of the building will not be changed; no sign shall be displayed exceeding a maximum of two square feet on each of the two sides, and the sign shall be placed either inside or flat against the surface of the building when placed outside, but not on both; no occupational sounds shall be audible outside the buildings; no articles shall be offered for sale from the premises; no machinery or equipment shall be used which will cause interference with radio and television reception in the neighboring residences; and the use shall not reduce the parking or yard requirements of the principal residential use.
§ 91-286 Hospitals, philanthropic and charitable uses.
Hospitals, philanthropic and charitable uses may be permitted in the R, RA and AGR Districts as a conditional use, provided that the reviewing board finds the following:
A.
No building or buildings will occupy more than 25% of the lot area.
B.
Such use will in no way be detrimental to surrounding property values and that the structure of proposed use will serve a useful purpose to the general welfare of the Township.
C.
Signs may be illuminated but nonflashing and limited in area to not more than 30 square feet on any one side and shall not be closer than five feet from any street line or 15 feet from any other property line.
D.
The front, rear and side yards shall be increased one foot for each foot by which such building exceeds the height limit herein established for the zone in which it is located. An applicant seeking to exceed the height limit shall apply for a bulk variance.
E.
The off-street parking requirement standard may be increased where necessary to provide sufficient parking for the number of cars anticipated to utilize the proposed use.
F.
That all utilitarian and service areas are adequately screened in accordance with the standards set forth in this chapter.
§ 91-287 Quasi-public buildings and recreation areas.
Quasi-public buildings, including fire stations and emergency squads, and recreation areas and facilities, including clubhouses, parks, playgrounds, swimming pools, tennis courts and other quasi-public activities operated by nonprofit organizations, may be permitted as a conditional use in the R, RA and AGR Districts in accordance with the review and approval procedures set forth in Part 2 of this chapter. The municipal agency shall determine that the following standards are met:
A.
The application shall be accompanied by a statement setting forth particulars on the proposed operation of the use and a complete list of the current officers including names and residents' addresses.
B.
It is ascertained that the proposed use is a bona fide nonprofit organization operated solely for recreation and enjoyment of the members of said organization.
C.
The proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties, that the design of any structures erected in connection with such use are in keeping with the general character of the area and that sufficient landscaping, including trees, shrubs and lawn, are provided to serve as a buffer between said use and adjoining residential properties and to insure an attractive appearance for the use.
D.
That buildings will not occupy more than 25% of the lot area and that all other requirements as set forth in this chapter for the zone in which it is to be located are observed and that the structure or use proposed will serve a useful purpose to the general welfare of the Township.
E.
The front, rear and side yards shall be increased one foot for each foot by which such building exceeds the height limit herein established for the zone in which it is located.
F.
The off-street parking requirement standard may be increased where necessary to provide sufficient parking for the number of cars anticipated to utilize the proposed use.
G.
Signs may be illuminated but nonflashing and limited to an area not more than 15 square feet from a street line or 15 feet from any property line.
H.
That all utilitarian and service areas are adequately screened in accordance with the standards set forth in this chapter.
§ 91-288 Public utility uses.
Public utility uses shall be permitted as a conditional use in all districts in accordance with the review and approval procedures set forth in Part 2 of this chapter, provided that the municipal agency shall find the following:
A.
That the proposed use in a specific location is necessary for the efficiency of the public utility system.
B.
That the design of any building in connection with such facility shall conform to the general character of the area and will in no way adversely affect the safe and comfortable enjoyment of property rights of adjoining property owners or within the neighborhood.
C.
That adequate and attractive fences and other safety devices shall be provided and sufficient landscaping, including shrubs, trees and lawns, shall be provided and will be periodically maintained by the public utility.
D.
That all other requirements and specifications for the zone district in which such use is located will be met and observed.
§ 91-289 Service stations.
Service stations shall be permitted as a conditional use in the NC District in accordance with the review and approval procedures set forth in Part 2 of this chapter, provided that the municipal agency shall find the following:
A.
All storage areas, trash facilities, pits, lifts and working areas shall be within a building. All lubrication, repair or similar activities shall be performed in an enclosed building, and no dismantled parts shall be placed outside.
B.
All gasoline pumps, air pumps and islands upon which pumps are normally located shall be set back from the street line at least 60 feet and from any other property line at least 50 feet. A minimum space of 25 feet shall exist between any two islands and between any island and the service station building.
C.
No junked motor vehicle or part thereof, no new or used cars offered for sale, no unregistered motor vehicle or not more than four motor vehicles incapable of normal operation on the highway shall be permitted outside an enclosed service station, except that not more than six motor vehicles may be located outside a building for a period not to exceed five days for each vehicle, provided that the owners are awaiting the repair of the motor vehicle.
D.
The exterior display and parking of equipment or vehicles for rent or sale shall be permitted, provided that the area devoted to this purpose is in addition to the minimum lot size required for a service station, the area devoted to this purpose does not exceed 20% of the total area of the entire site, the maximum sign area for a service station is not exceeded and the location of the equipment or vehicles being rented or sold does not interfere with the required off-street parking requirements for the service station and does not interfere with the on-lot traffic circulation indicated on the approved site plan.
E.
It is intended that service stations be designed compatible with other permitted commercial or industrial uses in the zone in which they are located, that they may be stripped along the available highway frontage or at each quadrant of a convenient intersection and that they be located within shopping centers and in office and industrial complexes as an integral part of the overall design. Ingress and egress shall be designed to recognize the turning movements generated. These access points shall be coordinated with the access points required for the nearby uses, the frequency of intersecting side streets, minimizing left turns off collector and arterial streets and maintaining building setbacks compatible with the required setbacks and landscaping.
§ 91-290 Hotels and motels.
Hotels and motels may be permitted in the HC District as a conditional use in accordance with the review and approval procedures set forth in Part 2 of this chapter. The municipal agency shall determine that the following standards are met and any other requirements applying have been fulfilled:
A.
Minimum lot area per unit: 1,500 square feet.
B.
Efficiency apartments may be permitted by the Planning Board, provided that the applicant satisfactorily demonstrates that they will be utilized primarily for transients for a period not to exceed 30 days.
C.
Maximum lot coverage: 20%.
D.
No building shall be located closer than 50 feet to any property line.
E.
Minimum number of units: 20.
F.
No accessory building or parking area shall be located closer than 20 feet to a residential property line.
G.
No additional parking shall be required for swimming pools, provided that the pools are not open for use by the general public but are primarily for use of the guests at the hotel or motel.
§ 91-291 Auto sales.
Auto sales may be permitted in the HC District as a conditional use in accordance with the review and approval procedures set forth in Part 2 of this chapter. The municipal agency shall determine that:
A.
Vehicles for sale may be displayed out-of-doors within areas which meet all of the general requirements, including setback from property lines for parking areas; further provided that the area set aside for outdoor display shall not exceed an area equal to the gross floor area of the principal building. In the calculation of the percentage of the lot occupied by the buildings and required off-street parking area, the area of outdoor display areas shall be included in the same manner as the area of the principal building. The area to be used for any such outdoor display shall be appropriately set forth at the time of application for a building permit or site plan approval.
B.
Any outdoor storage of waste materials or supplies shall be in a shielded location but suitable for containerized collection, and within an area screened or fenced to a height of not less than six feet. The area of such enclosure shall not exceed 110 square feet and shall not be closer than 25 feet to another lot which is within a residential zone or a street line which is across the street from a residential zone.
C.
The entire area of the site for the travel or parking of motor vehicles will be covered by an all-weather, hard surface.
D.
Repair of motor vehicles will be performed in a fully enclosed building, and no motor vehicle parts or partially dismantled or inoperative motor vehicles will be stored outside of an enclosed building.
E.
All necessary steps shall be take to ensure that any resulting dust, lighting, welding flashes, fumes, gas, noise, odor, smoke, vapor or vibration does not create a condition more detrimental to the neighborhood that would result from specifically permitted use.
§ 91-292 Education uses.
Educational uses, including public elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the state may be permitted as a conditional use is all zones, provided that the municipal agency finds the following:
A.
The applicant shall follow all procedures, requirements and standards for preliminary site plan approval.
B.
The applicant shall submit a statement which shall indicate the grade levels of the pupils to be housed in the building or buildings, the planned pupil capacity of such building or buildings and the contemplated eventual enrollment of the school.
C.
Parking shall be provided in accordance with the municipal parking standards plus adequate space for buses or delivery vehicles. These requirements may be increased if, in the judgment of the municipal agency, the unavailability of bus service, the particular location or the relatively high percentage of pupils driving or anticipated to be driving cars to school make such increased requirements desirable.
D.
No driveways shall open onto a public street within 75 feet of an intersection of such street with another public street.
E.
Illumination for night athletic activities shall be shielded from illuminating adjoining streets and residential areas.
F.
Educational uses shall be screened from adjacent residential zones or existing residences adjacent to the site in accordance with municipal buffering studies and/or shall provide fencing along such property lines as may be deemed adequate by the municipal agency.
G.
Permitted signs. One freestanding sign not larger than 10 square feet in area and not exceeding eight feet in height shall be permitted. In addition, facade signage occupying an area no greater than 5% of the front facade shall be permitted.
H.
Minimum lot size shall be 10 acres.
§ 91-293 Adult uses.
[Added 10-4-1995 by Ord. No. 1995-24; 2-5-1997 by Ord. No. 1997-2]
Adult uses are permitted in that portion of the HC Highway Commercial District south of the New Jersey Turnpike as a conditional use in accordance with the review and approval procedures set forth in Part 2 of this chapter. The municipal agency shall determine that:
A.
No permitted adult use shall be located within 1,000 feet from any residential district, school, place of worship or park or within 1,000 feet from any such use in any contiguous municipality. For purposes of this section, the AGR Agricultural District shall not be considered a residential district.
B.
No permitted adult use shall be located within 1,000 feet from any other adult use within Florence Township or any contiguous municipality.
C.
The foregoing distance limitations shall be measured by a straight line drawn from the nearest point of the lot boundary on which the proposed adult use is to be located to the nearest point of the lot or district boundary, as the case may be, of the other use or district, and those uses, district boundary lines and dimensions shall be indicated on the submitted site plan.
D.
Every adult use shall be located in a freestanding building. If the adult use is adjacent to a use patronized by minors or by families with minor children, the adult use will include an appropriate buffer to separate and screen it from the adjacent use. The buffer shall be constructed of either a seven-foot high (minimum), visually opaque fence or of landscape plantings. If landscape plantings are utilized, planting materials shall be selected and planted to form a solid evergreen visual barrier seven-feet high within five years.
E.
No adult use shall be permitted in a building having a capacity of 50 or more occupants.
F.
Off-street parking requirements are one space for every 200 square feet of gross floor area or portion thereof, plus one space for each viewing booth of from one to three occupants, plus one space for each additional three occupants or part thereof, plus one space for each employee. Provided that a minimum of 10 parking spaces shall be provided.
G.
Signs shall comply with requirements applicable to retail commercial uses in the HC Highway Commercial Districts; provided, that no specified anatomical areas or specified sexual activities shall be shown, described or depicted on any signs, advertisements, displays or exhibits that are visible from outside the building. Further provided, that a sign shall be posted giving notice that the premises are off limits to minors.
H.
All other applicable requirements of the Land Development Ordinance, including but not limited to those applicable to HC Highway Commercial District, shall be met.
§ 91-293.1 Senior housing.
[Added 9-19-2001 by Ord. No. 2001-22]
A.
Purpose. The following provisions are intended to provide for the development of housing for an older adult population. Such development shall be located close to the existing residential developments of Florence Township and shall be able to be served by public sewer and water. Flexibility in site layout is encouraged to promote clustered homesites, preserving open space within the tract on which the development occurs. Noncontiguous residential duster development of senior housing utilizing land in the AGR Agricultural District is also permitted as a means of preserving farmland or providing for public uses such as recreation, open space or other public use appropriate to such land.
B.
Lot and area requirements.
(1)
Minimum tract size: 25 acres of contiguous land.
(2)
Maximum density: four units per acre, requiring use of the noncontiguous residential cluster technique to obtain a lot yield per tract for senior housing that would exceed the lot yield if the tract were developed for conventional single-family detached housing under bulk regulations of the R Low-Density Residential District applicable to conventional housing. In the noncontiguous residential cluster technique, all or a portion of the density of residential development permitted on a separate, noncontiguous site in the AGR Agricultural District that is owned or controlled by the developer of the senior housing project is to be utilized on the senior housing site with the land in the AGR Agricultural District reserved and permanently deed-restricted for agricultural use and/or such public uses as recreation, open space over and above that needed to meet the open space requirements of the senior housing development itself, or other appropriate public use, provided that in no case shall the density on the senior housing development site be permitted to exceed four units per acre.
(3)
For the purpose of noncontiguous residential cluster:
(a)
The density permitted in the AGR Agricultural District where there is public sewer and water shall be calculated at one unit per acre. If such lands are dedicated by the developer and accepted by the Township Council for public use such as a park, recreation, open space or other appropriate public use, the density shall be calculated at four units per acre.
(b)
The density permitted in the AGR Agricultural District where such utilities are not present shall be calculated at one unit per three acres. If such lands are dedicated by the developer and accepted by the Township Council for public use such as a park, recreation, open space or other appropriate public use, the density shall be calculated as one unit per acre.
(4)
Formula for determining number of noncontinuous AGR District units required for a given senior housing development. The difference between the total number of senior housing units proposed for the development, and 1.2 times the number of gross acres of land to be developed (including all parcels within the tract) in the R District, is the number of noncontiguous AGR District units required.
(5)
Minimum requirements for individual senior housing lots.
(a)
Lot size: 7,500 square feet, exclusive of any area dedicated or reserved for conservation purposes.
(b)
Lot width: 50 feet.
(c)
Lot depth: 100 feet.
(d)
Front yard setback: 20 feet.
(e)
Side yard setback: 10 feet.
(f)
Rear yard setback: 20 feet. Forty feet shall be provided for reverse frontage lots adjacent to a county road.
(6)
Maximum height: 35 feet.
(7)
Maximum impervious coverage (per lot): 35%.
(8)
Open space set aside for use by the residents of the senior housing development shall be a minimum of 15% of the total contiguous development tract. Except as provided in Subsection B below, such open space shall be passive open space, left in or returned to a natural state. Detention and retention basins shall be excluded from such required open space.
(9)
Recreation shall be provided pursuant to Article XX, which requirements shall be modified to reflect the age of the projected population of the development. Such recreation shall include tennis courts, bocce courts, swimming pools and/or similar age-appropriate facilities. Recreation areas shall not constitute less than 3% nor more than 5% of the contiguous tract area.
(10)
Buffers shall be as required by § 91-91, except that the planted areas shall be a minimum of 25 feet wide. All yards abutting or adjacent to a county road shall be increased an additional 25 feet in width or depth, as the case may be, over the minimum otherwise required. All yards abutting or adjacent to interstate highways, including the New Jersey Turnpike, shall be increased an additional 100 feet in width or depth, as the case may be, over the minimum otherwise required. There shall be a buffer of 50 feet adjacent to the HC Highway Commercial District and a buffer of 100 feet adjacent to the SM Special Manufacturing and GM General Manufacturing Districts.
(12)
All lots adjacent to county roads shall have reverse frontage.
C.
Eligibility. Permanent residents of the homes in said development must be at least 55 years of age, except that the spouse or an immediate member of the family other than a child of said permanent residents, or a live-in domestic, companion or nurse, may be a permanent resident regardless of his or her age. A maximum of one child, age 18 or older, may also reside as a permanent resident with his or her parent or parents.
D.
Accessory uses.
(1)
Perimeter fences (on individual lots) as approved by any homeowners' association and provided for in the association bylaws.
(3)
Community buildings for the entire development.
(4)
Swimming pools for the entire development, but not on individual lots.
(5)
Tennis court(s) or similar recreational facilities for the entire development, but not on individual lots.
(6)
Maintenance buildings and storage sheds for the entire development, but not on individual lots.
E.
Use of land in AGR Agricultural District for noncontiguous residential cluster.
(1)
All lands located within the AGR Agricultural District may be incorporated into a noncontiguous residential cluster development of senior housing as provided in Subsection B(2) of this section and as defined in this chapter.
(2)
Land in the AGR Agricultural District from which all of the permitted density has been utilized in a senior housing development shall be permanently deed-restricted for use only for the following purposes:
(3)
Land in the AGR Agricultural District from which less than all of the permitted density has been utilized in a senior housing development shall be permanently deed-restricted only to the extent of the permitted density actually utilized in the senior housing development. If the utilization takes the form of dedication and acceptance of land for public use, the land thus dedicated and accepted shall be subdivided from the remainder, which shall not be deed-restricted. If the utilization takes any other form, the land may be subdivided into deed-restricted and unrestricted parcels or the entire tract may be partially deed-restricted.
(4)
Prior to the grant of final approval for any proposed noncontiguous residential cluster development of senior housing using lands in and densities assigned to the AGR Agricultural District, a deed restriction shall have been recorded burdening such lands in the AGR Agricultural District and reducing the permitted density for residential development on such lands in the AGR Agricultural District commensurate with the utilization of the permitted density in the noncontiguous residential cluster development of senior housing. Such recorded deed restriction shall be deemed null and void in the event that the proposed noncontiguous residential cluster development utilizing the density permitted on said lands in the AGR Agricultural District does not receive final approval or in the event that such final approval expires or is implemented without the permitted density having been utilized, and in such event, the Township of Florence shall execute whatever documents are necessary to cause such deed restrictions to be removed of record.
F.
Procedure for applications involving dedication of lands.
(1)
Any applicant for development of senior housing who seeks to obtain a higher density by dedication of lands for public use shall, prior to filing an application for development with a Land Use Board, make application to Township Council for acceptance of such lands. The application to Township Council shall be made on forms available from the Township Clerk and shall include an accurate survey of the lands proposed for dedication, a statement of the purpose(s) for which the dedicated lands may be used, an analysis of the suitability of the dedicated lands for the intended purpose(s), and all other information required on the forms. There shall be no additional fee for this application.
(2)
In deciding whether to accept the dedicated lands, Township Council shall be guided by the following standards:
(a)
The location, size and accessibility of the lands;
(b)
The usefulness of the lands for the purpose(s) intended;
(c)
The public need for lands dedicated to such purpose(s):
(d)
The appropriateness of the proposed public use in light of alternative uses envisioned in the Master Plan and permitted by ordinance; and
(e)
Such other and further standards as may be reasonable and warranted.
(3)
Township Council shall render its decision on whether or not to accept the proposed dedication of lands within 90 days or within such further time as may be consented to by the applicant. Should Township Council fail to render a decision within the time allowed by this section and extensions, if any, the dedication of lands shall be deemed disapproved.
(4)
Acceptance by Township Council of any proposed dedication of lands under this procedure shall be conditioned upon the applicant obtaining approval by a Florence Township Land Use Board of an application for development of senior housing utilizing the density provided by such dedication. Preliminary major subdivision approval or preliminary major site plan approval of such senior housing development shall be obtained within one year of the date of conditional acceptance of the dedication by Township Council or within such further time as may be consented to by the applicant.
(5)
An applicant for development of senior housing who receives preliminary major subdivision approval or preliminary major site plan approval of plans utilizing density provided by dedication of lands shall, as a condition of preliminary approval, be required to deed over such lands to the Township of Florence at the time such applicant receives final approval of such application or final approval of the first section of such application, whichever occurs first. The Land Use Board having jurisdiction over such application shall require that the deed(s) to such lands be recorded in the Burlington County Clerk's office prior to authorizing its Chairman and Secretary to sign applicant`s final plans.
G.
Sunset provision. The maximum number of units of senior housing that may be approved for development in the aggregate within Florence Township is 500 units. At such time as an application for development containing the 500th and final unit of senior housing allowable under this section receives final approval from a Florence Township Land Use Board, the right of any applicant thereafter to apply for or receive approval of an application for development of senior housing under this section shall automatically expire and become null and void and of no further force and effect. At such time, the provisions of this section shall remain effective only for the purpose of regulating the units of senior housing then constructed or approved for development and shall be of no further force and effect for the purpose of development of additional units of senior housing.
§ 91-293.2 Cannabis establishments.
[Added 8-7-2024 by Ord. No. 2024-10]
A.
Conditional use:
(1)
New-Jersey-licensed cannabis establishments shall be conditionally permitted in the areas identified on the following chart:
Cannabis Establishment Conditional Use Location Requirements | |||||
|---|---|---|---|---|---|
Cannabis Establishment Class | GM Zone | SM Zone | HC Zone | HC South of I-95 | All Other Zones |
1 Cultivator | C | C | C | C | X |
2 Manufacturer | C | C | C | C | X |
3 Wholesaler | C | C | C | C | X |
4 Distributor | C | C | C | C | X |
5 Retailer | X | X | X | C | X |
Accessory Indoor Consumption Areas | X | X | C | X | |
6 Delivery Service | C | C | C | C | C |
NOTES: |
|---|
C = Conditionally Permitted; |
X = Prohibited |
(2)
Cannabis establishment Classes 1 through 4 shall be conditionally permitted as accessory uses to principal Classes 1 through 4 establishment uses.
(3)
Indoor cannabis consumption areas shall be permitted as an accessory use to New-Jersey-licensed freestanding Class 5 Retail establishments under the following conditions:
(a)
Compliance with the provisions for cannabis consumption area conduct, per N.J.A.C. 17:30-14.10.
(b)
Located in the HC zone south of I-95/NJ Turnpike Extension.
(c)
Not located within 1,000 feet from any residential district, school, place of worship, or park within Florence Township. For purposes of this section, the AGR Agricultural District shall not be considered a residential district. Distance limitations shall be measured by a straight line drawn from the nearest point of the lot boundary on which the proposed accessory use is to be located to the nearest point of the lot or district boundary, as the case may be, of the other use or district.
(d)
No accessory indoor cannabis consumption area shall be permitted to have a total capacity of 50 or more occupants.
(e)
Indoor cannabis consumption shall be limited to the hours between 10:00 a.m. and 10:00 p.m.
B.
Such principal and accessory uses shall be conditioned upon compliance with the following Subsections C through K of this section, as well as those established and amended by the Cannabis Regulatory Commission (CRC).
C.
Business operation standards.
(1)
There shall be no on-site sales of alcohol or tobacco products, and no on-site consumption of alcohol, tobacco, or cannabis by employees. There shall be no on-site consumption of alcohol, tobacco, or cannabis by visitors and patrons of cannabis establishments, except for the consumption of cannabis by patrons of within indoor cannabis consumption area, in accordance with this chapter.
(2)
Retail sales of cannabis shall be prohibited within 200 feet of any residential uses, residential zone, house of worship, school, childcare business, and similar use as measured from the closest point of the retail sales building to the property line of the adjacent use or residential zone.
(3)
Cannabis establishment licenses Classes 1, 2, 3, 4, and 6 may operate 24 hours per day; however, the hours of operation of Class 5 Retail sales shall be limited to 10:00 a.m. through 10:00 p.m.
(5)
Cannabis establishments shall not be protected by the Township's § 34-2 right to farm provisions.
(6)
Cannabis establishments shall not be eligible for property tax farmland assessment or state, county, or Township economic incentives, such as tax abatements, exemptions, or agreements, such as a payment in lieu of taxes (PILOT).
D.
Site development standards.
(1)
All cannabis establishment operations shall take place within a permanent building.
(2)
Cannabis establishments 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 any other unit located within the same building as the licensed facility if the use only occupies a portion of a building. This shall include the provision of emergency backup electricity generation systems for Classes 1 through 4.
(3)
Cannabis establishments shall provide 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.
(4)
Cannabis establishments shall comply with the underlying zoning requirements in the districts they are located.
(5)
Off-street parking requirements for industrial Classes 1 through 4 shall be based on fire occupancy standards, as recommended in the table below:
Cannabis Class | Off-Street Parking Requirements |
|---|---|
1 Cultivator | 1 per 2,000 square feet of gross floor area + 1 per office employee on maximum shift |
2 Manufacturer | 1 per 1,000 square feet of gross floor area + 1 per office employee on maximum shift |
3 Wholesaler | 1 per 5,000 square feet of gross floor area + 1 per office employee on maximum shift |
4 Distributor | 1 per 5,000 square feet of gross floor area + 1 per office employee on maximum shift |
5 Retailer | 6 per 1,000 square feet of gross floor area + 1 per office employee on maximum shift |
Consumption Area | 1 per consumption area maximum occupancy/3 + 1 per employee on maximum shift |
6 Delivery service | 1 per employee on maximum shift |
E.
Security requirements. Each cannabis establishment shall:
(1)
Install, operate, and maintain a safety and security alarm system, including panic buttons, in good working order 24 hours a day, seven days a week.
(2)
Provide and maintain effective controls and procedures to guard against theft, tampering, and diversion of cannabis including, when appropriate, systems to protect against electronic records tampering. If an establishment becomes aware of any sort of loss, it must immediately notify the Florence Township Police Department and all other law enforcement officials required by State regulation.
(3)
Install, operate, and maintain security cameras covering all interior and exterior parking and loading areas, points of entry, and interior spaces that are either open to the public or used for the storage or processing of cannabis products. Footage must be maintained for the duration required under state law. Establishments must provide the Florence Township Police Department with access to security footage immediately upon request by the Department.
(4)
Provide and maintain at least one security guard, or more if required by the state, at all times the facility is open to the public. At a minimum, the security guard shall be a state-certified security officer whose certification is in good standing.
(5)
Keep access from outside the premises to a minimum, ensure that access is well-lit and controlled, and limit entry into cannabis inventory and storage areas to authorized personnel only.
(6)
Provide law enforcement and any residential and non-residential neighbors within 100 feet of the establishment with the name and phone number of the establishment's security staff contact to notify in case of problems.
(7)
Prevent the loitering of unauthorized individuals to limit the risk of break-ins and thefts.
F.
Nuisances. Concerning the legal operation of any cannabis establishment, the following is hereby declared to be an unlawful public nuisance:
(1)
Odors that are disturbing to people of reasonable sensitivity who may be residing near or present on nearby property, including areas open to the public.
(2)
Repeated dispatches to the property by law enforcement.
(3)
Disruption to and/or obstruction of the free passage of persons and/or vehicles in the immediate vicinity of the property.
(4)
Any other condition or act which may be deemed a violation of this chapter.
G.
H.
Off-site signage.
(1)
No cannabis establishment shall place or cause to be placed any off-site advertising signage in a prohibited area within the Township of Florence, as defined by this section, which advertises the establishment and/or directs the public toward the establishment and/or promotes consumption of cannabis products.
(2)
No advertising signage shall be placed in a prohibited area within the Township of Florence, as defined by this section, advertising and/or directing patrons to any state-licensed cannabis establishment operation, and/or promoting consumption of cannabis products.
(3)
As used within this section, a "prohibited area" includes:
(a)
Any property within Florence Township outside the GM, SM, and HC Zoning Districts, as delineated on the Township's Official Zoning Map.
(b)
Any area within 1,000 feet of a school, place of religious worship, park, day-care, drug rehabilitation center, or similar facility, regardless of its zoning district, as delineated on the Township's Official Zoning Map. Distance limitations shall be measured by a straight line drawn from the nearest point of the lot boundary on which the proposed sign is to be located to the nearest point of the lot or district boundary, as the case may be, of the other use or district.
(c)
Any area in which, under state and/or federal law, the sale of intoxicating beverages is prohibited based upon its proximity to a school, place of religious worship, park, daycare, drug rehabilitation center, or similar facility.
I.
The Township may impose additional local recreational cannabis taxes, as may be permitted by the state.
J.
Violations; penalties; and remedies.
(2)
Each day a cannabis establishment remains or continues to operate in violation of this chapter shall constitute a separate violation, subject to cumulative fines and penalties.
(3)
Any person or entity violating this section shall be subject to the maximum fines and penalties as provided by N.J.S.A. 40:49-5 and any subsequent amendments to that statute.