This chapter shall be known and may be cited as the Zoning Ordinance of the Borough of Magnolia, New Jersey.

This chapter shall be held to be the minimum requirements adopted pursuant to the Municipal Land Use Law, chapter 291, Laws of New Jersey, 1975. In order to promote the public health, safety, morals and general welfare, among other purposes, the provisions of this chapter are intended to provide adequate light, air and convenience of access; to prevent overcrowding of land or buildings and to avoid undue concentration of population by regulating and limiting the use of land, the height and bulk of buildings wherever erected; to limit and determine the size of yards and other open spaces; and to conserve the value of property and encourage the most appropriate use of land throughout the borough.

Note— See N.J.S.A. 40:55D-1 et seq.

A.

All words used in the present tense include the future tense, all words in the plural number include the singular number and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise.

B.

Unless otherwise specified, all distances shall be measured horizontally.

C.

The word "structure" includes the word "building," the word "lot" includes the word "plot," the word "used" shall be deemed also to include "occupied or designed, intended or arranged to be used or occupied," the term "erected" shall be deemed also to include "constructed, reconstructed, structurally altered, enlarged and moved," and the word "shall" is mandatory and not directory.

D.

Whenever a term is used in this chapter which is defined in chapter 291 of the Laws of New Jersey, 1975 (N.J.S.A. 40:55D-1 et seq.), such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.

As used in this chapter, the following terms shall have the meanings indicated:

Accessory building means a building on the same lot with and subordinate to a principal building, occupied or devoted exclusively to an accessory use. Where an accessory building is attached to a principal building by a breezeway, roof, wall or the like, such an accessory building shall be considered part of the principal building.

Accessory use means a use naturally and normally incident and subordinate to the principal use upon any premises. More particularly, but not by way of limitation, an accessory use shall be construed to include a private swimming pool, driveway, private road, alley or other facility for ingress and egress by pedestrians and vehicles.

Alley means a permanent service-way providing a secondary means of access to abutting properties.

Alteration means as applied to a building, a change or rearrangement in the structure parts or in the existing facilities or an enlargement, whether by extension of a side or by increasing in height or by moves from one location or position to another.

Apartment house means a building arranged, intended or designed to be occupied by three or more families living independently of each other.

Attic means the open, nonhabitable space between the ceiling beams of the top habitable story and the roof rafters in any building.

Auto service station means an area of land, including structures thereon, which is used for the retail sale and direct delivery to motor vehicles of gasoline and lubricating oil and may include in the building facilities for lubricating, washing or otherwise servicing of vehicles; no autobody work, nor welding, nor painting, nor the repairing in any manner of buses or of trucks of more than one and one-half-ton capacity, nor the renting of cars, trailers or trucks, nor the rental of parking space.

Basement or cellar means a story partly underground, but having at least one-half of its clear height and at least three feet of clear height above the average level of the adjoining finished grade in the case of split level or bi-level type homes. In an average dwelling, the height above the average grade shall be no less than eight inches.

Block means an area bounded by streets or by streets and streams or borough boundary lines.

Building means any structure having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels or having other support and any unroofed platform, terrace or porch having a vertical face higher than three feet above the level of the ground from which the height of the building is measured.

Building area means the maximum horizontal projected area of the building and its accessories. Roofed-over porches, bay windows or similar extensions of a building shall be considered parts of the building. That part of any eave or similar projection in excess of two feet shall be considered as part of the building for the computation of yards and land coverage.

Building height means the vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of ceiling of the top story in the case of a flat roof; to the deckline of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof.

Building line means a line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building or projected roof or porch, the vertical plane will coincide with the most projected surface. All front yard requirements are measured to the building line from the front lot line. If the front line is on a cul-de-sac or other curve, the building line shall be along the arc parallel to such front line.

Building permit means that permit issued by the building construction code official to ensure that the structure complies with the building code, this chapter and other ordinances applicable to the construction itself, upon payment of the fees required by the Uniform Construction Code Ordinance No. 364.

Editor's note— See ch. 115, uniform construction codes.

Building, primary, means a building in which is conducted the principal use of the lot on which such building is situated.

Business office means a business establishment which does not offer a product or merchandise for sale to the public, but offers a service to the public. However, personal services, such as barber and beauty shops and repair services, such as radio and television repair shops, are not to be included within the definition of business office.

Cannabis means all parts of the plant Cannabis sativa and Cannabis indica, whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L.2021, c.16 (C.24:61-31 et al.) for use in cannabis products, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product.

Cannabis business means any person or entity that holds any of the six Classes of licenses established under P.L. 2021, c. 16, the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act" (CREAMMA).

Cannabis cultivator means any licensed person or entity that grows, cultivates, or produces cannabis, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 Cannabis Cultivator license.

Cannabis delivery service means any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer. This person or entity shall hold a Class 6 Cannabis Delivery license.

Cannabis distributor means any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 Cannabis Distributor license.

Cannabis establishment means a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.

Cannabis establishment license means an establishment with one or many of the licenses to operate as defined by the CREAMMA Act:

Class 1:

Cannabis cultivator license, for facilities involved in growing and cultivating cannabis;

Class 2:

Cannabis manufacturer license, for facilities involved m the manufacturing, preparation, and packaging of cannabis items;

Class 3:

Cannabis wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;

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;

Class 5:

Cannabis retailer license for locations at which cannabis items and related supplies are sold to consumers; and

Class 6:

Cannabis delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchased items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer.

Cannabis manufacturer means any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 Cannabis Manufacturer license.

Cannabis product means a product containing usable cannabis, cannabis extract, or any other cannabis resin and other ingredients intended for human consumption or use, including a product intended to be applied to the skin or hair, edible cannabis products, ointments, and tinctures. "Cannabis product" does not include:

(1)

Usable cannabis by itself; or

(2)

Cannabis extract by itself; or

(3)

Any other cannabis resin by itself.

Cannabis retailer means any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 Cannabis Retailer license.

Cannabis wholesaler means any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This person or entity shall hold a Class 3 Cannabis Wholesaler license.

Cemetery means land used or intended to be used for the burial of the dead and dedicated by deed or other legal instrument for such use.

Certificate of occupancy means a certificate issued upon completion of a building or alteration thereof or the change of use thereof, indicating the exact purpose for which the building is to be used and certifying its compliance along with the compliance of the structure itself with this chapter and other borough ordinances, as well as special agreements between the planning board or other agencies and the owner in consideration of the grant to construct, alter or change the use thereof.

Church means a building or group of buildings including customary accessory building designed or intended for public worship. For the purposes of this chapter, the word "church" shall include chapels, congregations, parish houses, convents and such accessory uses, but this definition shall not include schools or cemeteries.

Clubhouse means a building used to house a social, fraternal or service organization or club not organized or conducted for profit and which is not an adjunct to or operated by or in conjunction with a public tavern, cafe or other place of business.

Cluster development means a residential development of attached and/or detached dwelling units planned as a single entity in accordance with the provisions of this chapter and which has a courtyard or public open space as an appurtenance.

Commercial vehicle means a motor vehicle, other than a passenger car or recreational vehicle, which has a loading capacity in excess of one ton. Pickup trucks and vehicles commonly known as vans, not having more than two axles and/or four wheels, shall not be considered commercial vehicles.

Conditional use means a use permitted in a particular zone only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the planning board.

Courtyard means a required open, unoccupied space other than a yard, on the same lot with a building.

Coverage, lot, means that percentage of the lot area covered by the building area.

Curb level means the mean grade of the street in front of the midpoint of the lot.

Dwelling means a building containing dwelling units. The term "dwelling," "one-family dwelling," "two-family dwelling," or "multifamily dwelling" shall not be deemed to include hotel, motel, rooming house or other accommodations used for more or less transient occupancy.

Dwelling, conversion, means a one-family dwelling which, as a result of certain alterations, may be capable of accommodating two families having separate cooking, living, sleeping and sanitary facilities.

Dwelling, duplex, means two dwelling units having one structural wall in common.

Dwelling, multifamily, means a building or portion thereof containing two or more dwelling units.

Dwelling, one-family, means a building containing one dwelling unit only.

Dwelling, townhouse, means one of a series of one-family dwelling units, attached by a common wall between it and the adjacent dwelling units, with individual and private front and/or rear yards provided for each unit. Such dwelling units shall be owner occupied. Said owners shall by deed provisions be jointly responsible for the ownership and maintenance of certain common use portions of the townhouse development complex, including but not limited to the following: courtyard and/or open space and recreation facilities; streets, roads and pedestrian ways; parking and garaging facilities; fencing and landscaping; and heating, cooling or utility systems. Such joint ownership and maintenance responsibilities of the owners shall be exercised through a homeowners' association or some similar form of duly constituted agency.

Dwelling unit means a building or portion thereof used for living purposes by one family and having cooking and sanitary facilities for its exclusive use.

Family means one or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a bona fide, stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family.

Fence means a grown and/or artificially constructed barrier erected for the enclosure of yard areas. Said barrier shall be classified as a fence when it will restrict the free passage of pedestrians or is considered a necessary part of an artificially constructed barrier although it does not restrict the free passage of pedestrians.

Floor area, livable, means all spaces within the exterior walls of a dwelling unit, exclusive of garages, cellars, heated rooms and basements having a window area of less than 20 percent of the square foot area of the room and of unheated porches and breezeways, but shall include all spaces not otherwise excluded, such as principal rooms, utility rooms, bathrooms and all closets and hallways opening directly into and appurtenant to any rooms within the dwelling unit and all attic space having a clear height of seven feet, accessible by a permanent stairway. Such livable floor area spaces shall be finished off, with framing members covered and ready for decorating.

Front facade means a facade which contains or incorporates within its borders a public entry. The front facade area is that portion of the structure corresponding to an individual activity or occupant situated therein and shall be measured horizontally and vertically to the limits of the activity.

Garage, industrial, means a building designed or used for the storage of commercial vehicles, trucks or other motor vehicle equipment, including any incidental repair or servicing facilities.

Garage, private, means a compartment in, or a structure appurtenant to the principal building of a residential use on the same lot, designed to house not more than four motor vehicles for purposes of storage only. One commercial vehicle not exceeding one ton in rated capacity may be stored in a private garage.

Garage, public, means a building designed or used as a commercial garage, the business of which includes the storage of motor vehicles, incidental auto service station services, sales of accessories or repair of motor vehicles, or any combination thereof, but not including a showroom purely for the exhibit or display of new motor vehicles in conjunction with a new motor agency.

Garage, repair, means premises which are used for the repair, greasing, servicing, adjusting, washing or equipping of motor vehicles, but not for the sale of gasoline or diesel fuel, except as incidental and necessary to a repair.

Home occupation means an occupation for gain or support conducted only by members of a family residing on the premises and conducted entirely within the dwelling, provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing on the premises.

Hotel means an establishment providing lodging and usually meals for the general public, especially transient guests. It may include such uses incident to the operation as follows: restrooms, offices, meeting rooms, restaurants, cocktail lounges, beauty parlors, barbershops, apparel stores, confectionary shops and the like. Such incidental uses shall be conducted solely within the primary building.

Junkyard means the use of more than 100 square feet of open area of any lot for the deposit, collection, storage, keeping or abandonment of wrecked or inoperative automobiles or other vehicles or parts thereof, wastepaper, rags, sheet metal, used building materials, house, furnishings, machinery or other scrap materials or junk.

Land use law means an act relating to the planning and regulation of land uses and revising parts of the statutory laws of the State of New Jersey, chapter 291, Laws of New Jersey 1975, approved January 14, 1976.

Note— See N.J.S.A. 40:55D-1 et seq.

Livestock includes the following animals and their respective young: horses, mules, asses, goats, sheep, cows, reindeer and hoofed animals, pigs, swine, ducks, chickens and pigeons.

Loading space means any off-street space not less than ten feet wide and 25 feet long, surfaced to be available in all weather, suitable for the loading or unloading of goods without disrupting vehicular traffic on borough streets and having direct access to a street.

Lot means a parcel or area of land, the dimensions and extent of which are determined by the latest official records or by the latest approved map of which the lot is a part.

Lot, corner, means a lot at the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed 135;deg;.

Lot, depth, means the mean horizontal distance between the front and rear lot lines.

Lot, frontage, means the horizontal distance between the side lot lines measured along the street right-of-way line. The minimum lot frontage shall be the same as the lot width for that zone, except that on a curve alignment, the minimum distance between the side lot lines measured at the street line shall be not less than 75 percent of the required minimum lot width. In the case of a corner lot, either street frontage which meets the minimum frontage required for the zone may be considered the lot frontage.

Lot, interior, means a lot other than a corner lot.

Lot, line, means a line bounding a lot, as defined herein.

A.

Front. The street line of a lot. On a corner lot, the front lot line shall be the shorter street line. On a corner lot with equal street lines or having more than the required lot depth on two or more streets or on a through lot, the owner which street line shall be considered the front lot line.

B.

Rear. The lot line which is most distant from and most nearly parallel to the front lot line.

C.

Side. Any lot line which is not a front or rear lot line.

Lot, through, means a lot abutting on two parallel or approximately parallel streets.

Lot, width, means the horizontal distance between side lot lines measured at setback points on each side lot line in equal distance back from the street right-of-way line. The minimum lot width shall be measured at the minimum required building setback line.

Manufacturing means the production of articles or finished products from previously refined raw materials by giving them new forms or qualities.

Motel means two or more rental units, with individual entrances from the exterior of the building to each unit, operated as a business for the purpose of providing lodging to transient guests. An office and single dwelling unit may be included as secondary uses in conjunction with the operation of a motel.

Motor vehicle sales establishment means a building or use which is designed for the display and sale of motor vehicles.

Nonconforming lot means a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

Nonconforming structure means a structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

Nonconforming use means a use which lawfully occupies a building or land at the time this chapter or any subsequent amendment thereto becomes effective and which does not conform to the use regulations of the zone in which it is located.

Occupancy means the specific purpose for which land or a building is used, designed or maintained.

Open space means an unoccupied space open to the sky on the same lot with a principal and/or accessory building.

Parking space means an off-street space available for the parking of a motor vehicle and which in this chapter is held to be an area ten feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

Place of public assembly means a meeting hall, clubhouse, auditorium, church, synagogue or other structure or portion of a structure used at regular or periodic intervals as a gathering place for purposes of conference, deliberation, worship, entertainment, amusement, recreation or education or for performance of social, athletic or cultural programs.

Planning board means the planning board of the Borough of Magnolia.

Premises means the lot and any structures thereon, on or in which the subject use is situated.

Principal use means the main use for which a building or lot is to be used.

Professional residence includes, but is not limited to, the following: architect, artist, accountant, dentist, surgeon or physician, engineer, lawyer, real estate or insurance agent, provided that the professional person owns and occupies as a dwelling the unit used in the practice of the profession and the use does not exceed 30 percent of the floor area.

Restaurant means any establishment, however designated, at which food or beverage, or any combination thereof, is sold for consumption on the premises to patrons seated within an enclosed building.

Restaurant, drive-in, means an establishment where patrons are served soft drinks, ice cream and other food products for consumption outside the confines of the principal building or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.

Retail store means a building in which any article, excluding automotive vehicles and building materials, is offered for sale at retail.

School, private, public and parochial, means a facility having regular sessions of instruction conducted by regularly employed instructors and teachers who teach those subjects which are fundamental and essential in general education and which provide education under the supervision of the New Jersey Department of Education or a lawfully constituted ecclesiastical governing body of the New Jersey Department of Education.

Service establishment.

A.

Business means an establishment primarily engaged in rendering nonrepair services, such as advertising, building cleaning or household equipment rental, to business enterprises on a fee or contract basis.

B.

Personal andhousehold mean a business conducted to render either a personal service, such as hair cutting or styling, shoe repair or dry cleaning, laundromats, provided that they have attendants, but not including mortuary services, or a household service, such as insect extermination or the repair of furniture, small household appliances and television sets, but not including the repair on the premises of furnaces, refrigerators, air conditioners and other articles of similar bulk and weight and not including any business which uses a truck of over one ton in rated capacity in the provision of its services.

Setback means the distance from the street line as extended to its farthest point to the nearest projection of any building. The front, interior side, corner side and rear setback shall be measured from the front, interior side, corner side and rear lot lines respectively.

Sign means any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public, quasi-public, civic, charitable or religious group.

(1)

Sign categories.

A.

Interior signs means all signs located on the interior side of an exterior window of the front facade and intended to be visible from the exterior of the building.

B.

Attached signs means signs parallel to and attached to the front facade of a building and projecting not more than four inches from the facade.

C.

Projecting signs means signs projecting horizontally and perpendicular to the plane of the facade more than four inches.

D.

Freestanding signs means signs not relying on a building for support, but having their weight supported by the ground.

(2)

Sign definitions.

A.

Advertising sign means a sign which directs attention to a business, service, commodity or entertainment conducted, sold or offered elsewhere than upon the premises it is erected on.

B.

Business sign means a sign that directs attention to a business or a profession conducted upon the premises it is erected on. "For Sale" and "For Rent" or "Sold" signs relating to the property they are erected on shall be deemed a business sign.

Sign area means the area defined by the frame or edge of a sign. When there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the said sign.

Sign, temporary means a sign advertising a specific event or activity terminating on a specific or assumed date. Such signs may include, but are not necessarily limited to, sale signs for property and/or buildings, political signs, yard sale signs, etc.

Story means that portion of a building included between the surface of any floor and the surface of the next floor above it or if there is no floor above it, then the space between any floor and the ceiling next above it.

Story, half, means that portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half story. A basement shall also be included as a half story.

Street means a public or private thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, court, highway or road. A "street," as used herein, includes in its width the entire right-of-way.

Street line means that line determining the limit of the highway right of the public, either existing or contemplated, not to be confused with the curbline.

Swimming club means a public or privately owned pool open to the general public or on a membership basis, having appropriate dressing room facilities, recreational facilities and off-street parking areas.

Swimming pool means an artificially constructed pool or tank of a permanent or temporary nature, provided that compliance exists with other special ordinances of the Borough of Magnolia regulating such use.

Swimming pool, private, means a swimming pool operated as a secondary use to a residential dwelling unit or units and located on an individual residential lot.

Trailer, dwelling, means a vehicle with or without its own motive power and used for dwelling purposes, which use is prohibited.

Trailer, recreational, means a vehicle with or without its own motive power, including campers and mobile homes, designed to be used as temporary living quarters or to hold camping and recreational equipment and boat or personal watercraft or other such similar trailer that carries a vehicle.

Use means the specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.

Yard area.

A.

Yard, front, means an open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. The setback line shall be synonymous with the rear limit of the required front yard area.

B.

Yard, rear, means a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any primary building on the same lot. The depth of a rear yard should be measured at right angles to the rear line of the lot or if the lot is not rectangular, then in the general direction of its side building lines.

C.

Yard, side, means an open, unoccupied space between the side line of the lot and the nearest line of the primary building. It shall extend from the front yard to the rear yard or, in the absence of either, to the street or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.

Zoning board means the officially established joint planning board of the Borough of Magnolia.

(Ord. No. 02-270, §§ 1, 2, 2-5-2002; Ord. No. 12-2024, § 1, 10-2-2024)

Note— See also § 270-23A.

The provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.

A.

The administration and enforcement of this chapter is hereby conferred upon the construction official of the Borough of Magnolia. He or she and his or her duly appointed assistants shall have such powers as are established by this chapter or as may be reasonably implied. He or she shall be appointed by the borough council of the Borough of Magnolia and shall receive such compensation as the borough council may, from time to time, determine.

B.

Permits. In no case shall a permit be granted for the construction, reconstruction or alteration of a building, nor a certificate of occupancy issued for any building which would be in violation of any of the provisions of this chapter other than by a written order of the joint planning board or the borough council.

Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive of those imposing the higher standards shall govern.

For any and every violation of any provision of this chapter, the owner, contractor or other persons interested as general agent, architect, building contractor, owner, tenant or any other persons who commit, take part or assist in any violation of this chapter or who maintain any building or premises in which any violation of this chapter shall exist and who shall have refused to abate said violation within five days after written notice shall have been served upon him or her either by mail or by personal service, shall for each and every violation be imprisoned in the Camden County Jail for a period not exceeding 90 days or be fined not exceeding $1,000.00 or serve a period of community service not exceeding 90 days, or any combination thereof, at the discretion of the judge before whom a conviction may be had. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter.

A.

Rights of complaint. In addition to the powers given to the construction official as aforesaid, the owner of or any person having interest in any property in the borough may make complaint for any violation of this chapter or any provision or section thereof and, upon conviction in such case, the penalties herein before provided shall be imposed.

B.

Additional remedies. In addition to the remedy or remedies herein before provided, any person, persons, company or corporation violating this chapter or any provision or section thereof may be proceeded against by the borough or by the construction official of the borough or by the owner of any property in the borough or by appropriate action or by proceeding in equity or otherwise to prevent and enjoin any threatened violation of this chapter.

The borough council may from time to time or upon the recommendation of the planning board, after public notice and hearing, amend, supplement or change these regulations and districts herein established and adopt rules and regulations for the purpose of interpreting and carrying this chapter into effect. When owners of more than 50 percent of the frontage within a district or part of a district comprising not less than one block shall present to the borough council a duly signed petition for the change, relocation or revision of said district or part of district, the borough council shall act upon said petition within 60 days after the filing of said petition with the borough clerk. Said petition shall be accompanied by a map showing the area for which the change of district is asked and all immediately abutting property and uses thereof and, further, shall be accompanied by a statement setting forth the grounds or reasons for the proposed change. All such proposed changes in this chapter or relocation of districts shall be referred by the borough council to the planning board. In the event of unfavorable report from said board or in case of protests against such proposed change signed by owners of 20 percent or more either of the area of the lots or land included in such proposed change or of the lots or land in the rear thereof extending 200 feet therefrom or of the lots or land on either side thereof or directly opposite thereto extending 200 feet therefrom (exclusive of street space), such change shall not become effective except by the favorable vote of two-thirds of all members of the borough council.

Any building permit hereto issued pursuant to any ordinance which provided for the erection of a building or structure in conformance with the ordinance or ordinances to which this is an amendment and supplement shall continue in full force and effect, provided that the holder has substantially undertaken such construction on the date of adoption of this chapter.

No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged nor shall any land be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth herein, nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity with the area and bulk requirement, off-street parking requirements and all other regulations designated in this chapter for the zone district in which said building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter and the certificate of occupancy shall become void.

No structure shall be built within 50 feet of the bed of a stream carrying water on an average of six months of the year. No building shall be constructed on land subject to periodic overflow or on land which has an average water table within two feet of the ground surface. Construction shall also be prohibited in any flood hazard area.

No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto or except as hereinafter specified.

Existing natural features such as trees, brooks, drainage channels and views shall be retained. Whenever such features interfere with the proposed use of such property, the retention of the maximum amount of such features consistent with the use of the property shall be required as specified by the environmental commission of the Borough of Magnolia.

A.

No lot shall have erected upon it more than one principal residential building.

B.

No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.

C.

A secondary building attached to a primary building shall comply in all respects with the yard requirements of this chapter for the primary building.

D.

Detached accessory buildings shall be located to the rear of the front building line of the primary building and if located in a side yard area shall conform to side yard requirements of the particular district in which it is located. Rear setback accessory structures at least 200 square feet in areas will be five feet.

E.

Every principal building shall be built upon a lot with frontage upon a public street improved to meet the borough requirements pursuant to title 16, chapter 170, land development procedures, of the Code of the Borough of Magnolia and chapter 291 of New Jersey, 1975, or for which such improvements have been insured by the posting of a performance guaranty pursuant to title 16, chapter 170, land development procedures.

Note— See N.J.S.A. 40:55D-1 et seq.

F.

Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.

G.

For the purpose of regulating the locations of accessory building on corner lots and on through lots, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located.

H.

All yards, open space, off-street parking and required landscaping must be contained within the zone in which the use is permitted.

I.

When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter either with respect to any existing structures or use or any proposed structures or use.

J.

Rental residential dwellings of any kind shall not be located in the cellar of any building. Owner-occupied dwellings shall not be located or situated solely in the cellar of any building.

K.

Business structures or uses shall not display goods for sale purposes or coin-operated vending machines of any type in any location which would infringe upon the required yard areas specified in this chapter.

L.

The provisions of this chapter shall not apply to customary local utility distribution or collection lines for water, gas, telephone or electric service. All facilities such as pumping stations, repeater stations and electric substations which require a structure above grade shall be subject to the yard requirements of this chapter except as provided in the various zones.

M.

All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located. Corner lots shall provide the minimum front yard requirements for the respective zone for both intersection streets and for both principal and accessory buildings. On 50-foot-wide building lots located on corners, the side line limits shall be a minimum of 15 feet on the side adjacent to the corner. The front setback shall be maintained at the same distance as prescribed in appropriate sections of this chapter for each zone. The side line for property lines between lots on 50-foot-wide corner lots only shall be a minimum of eight feet.

(Ord. No. 391, 1-5-1980; Ord. No. 2015:10, § 1, 5-6-2015)

A.

No structure or building of a portable nature or commercial vehicle of more than one-ton capacity, including trailers, display vehicles for commercial purposes shall be parked on any public street overnight except that certain recreation vehicles or municipal equipment may upon approval of the department of public safety receive limited parking privilege allowing maximum parking time of five days in front of the residence of the registered owner, provided that proper lighting or other safety devices are provided. The habitation of any vehicle will be prohibited. These limitations extend to all districts.

B.

No front yard shall be used for open storage of boats, vehicles or any other equipment, except parking on driveways will be permitted.

C.

Off-street parking space shall be provided as further specified in this chapter and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner. All parking areas, passageways and driveways, except where provided in connection with one-family residences, shall be surfaced with a dustless, durable, all-weather pavement, clearly marked for car spaces and shall be adequately drained, all subject to approval as specified in title 16, chapter 170, land development procedures.

D.

None of the off-street parking facilities as required in this chapter shall be required for any existing building or use, unless said building or use shall be enlarged.

E.

The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately and further provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users.

F.

All parking areas and appurtenant passageways and driveways serving commercial uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided by commercial uses to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.

G.

Off-street parking areas located in commercial zones and which provide parking for 20 or more vehicles shall be provided with shade trees of a quantity and type approved at the discretion of the planning board of the Borough of Magnolia.

H.

All parking spaces herein described shall be a minimum of nine feet wide by 18 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

(Ord. No. 2008-06, § 1, 2-21-2008)

The purpose of this section, entitled "signs", is:

A.

To promote the safety of the users of streets and highways in the community by providing adequate, readable signage that has been properly located to allow sufficient decision and vehicular maneuver time.

B.

To reduce distractions and obstructions from signs which would adversely affect traffic safety and to alleviate hazards caused by signs projecting over or encroaching upon public ways.

C.

To discourage excessive visual competition in signage and to ensure that signs adequately perform their primary function of orientation and the identification of uses and activities to the public.

D.

To preserve and/or enhance local character and visual design objectives by requiring signage which is:

(1)

Creative and distinctive;

(2)

Compatible with its particular surroundings;

(3)

Appropriate to the type of activity to which it pertains;

(4)

Expressive of the identity of the use and the community; and

(5)

Appropriately sized for its context and location.

E.

Applicability. A sign may be erected, placed, established, painted, created or maintained only in conformance with the standards, procedures, exceptions, and other requirements of this chapter.

F.

Definitions. As used in this chapter, unless otherwise required by the context, the following terms shall have the following meanings:

Advertising sign: A sign structure which directs attention to a business, commodity, service, activity or entertainment not necessarily conducted, sold, or offered upon the premises where such sign is located.

Administrative officer: The zoning officer of the Borough of Magnolia or other person so designated by the borough council of the Borough of Magnolia.

Awning sign: A sign that is mounted or painted or affixed to an awning.

Banner sign: A temporary sign composed of lightweight pliable material.

Billboard: A sign advertising a product or service not sold or available on the property on which it is situated.

Business sign: A sign which directs attention to a business or profession or to a commodity, service or entertainment sold or offered upon the premises where such sign is located.

Canopy: A roof-like cover, open to the elements on all four sides, which is used to protect outdoor equipment.

Changeable copy: A sign that is designed so that the message on the sign can be easily and periodically altered.

Commercial message: Any sign, wording, logo, figure, symbol, color, illumination, fixture, protection, or other representation that, directly or indirectly, names, advertises, or calls attention to a business product, service, or other commercial activity.

Directional: Signs limited to directional messages and that do not contain a commercial message, principally for directing pedestrian and vehicular traffic, such as "one-way", "entrance", and "exit".

Directory: A sign that lists the tenants in a multi-use building or indicates the location of buildings and uses in a business or industrial complex.

Façade area: The total area of a façade including walls, windows, doors, and fixtures below the top of the parapet of a building with a flat roof, the cornice line of a building with a gambrel, gable, or hip roof, or the upper slope line of a building with a mansard roof that faces a public street, pedestrian walkway, or mall.

Façade sign: A sign fastened to or painted on the façade of a building or structure in such a manner that the façade becomes the supporting structure for, or forms the background surface of the sign and which does not project more than 12 inches from such building or structure.

Figures/figure signs: Any structure, edifice, frame, statue or shape that depicts a person, character, symbol, animal, plant or any other animate or inanimate object, which figure is used to attract attention or otherwise identify a business or property, or which by its nature and size so attracts attention or otherwise stands out above and beyond a normal sign, and which otherwise exceeds the allowable sign size and dimensions, especially if such depiction greatly exceeds the normal size of said object (e.g. a giant man).

Flashing sign: Any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use.

Freestanding sign: Any sign supported by permanent structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

Illuminated sign: Any sign which has characters, figures, designs, or outlines illuminated by electric lights or luminous tubes as a part of the sign.

Incidental: A sign, that has a purpose secondary to the use of the lot on which it is located, such as "No Parking", "Loading Zone", "Telephone", "Rest Room", "Hours of Operation", or other similar directive information. No sign that contains a commercial message legible from any property line of said lot shall be considered incidental.

Off-premises: A sign containing a commercial message which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the property on which the sign is located.

Person: Includes corporations, companies, associations, societies, firms, and partnerships as well as individuals.

Portable: Any sign not permanently attached to the ground or other permanent structure; or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to "A" or "T" frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless such vehicles are used in the normal day-to-day operation of the business.

Real estate: A sign pertaining to the sale or lease of a property or portion thereof on which the sign is located.

Residential: A sign located in a district zoned for residential purposes that does not contain any commercial message except for goods or services legally offered on the premises on which the sign is located.

Roof sign: A sign that is mounted on the roof of a building or which is wholly dependent upon a building's roof for support and which projects above the parapet of a building with a flat roof, the cornice line of a building with a gambrel, gable, or hip roof, or the upper slope line of a building with a mansard roof.

Rotating sign: A sign, any part of which rotates or revolves on its axis by mechanical means.

Searchlight: Any lights with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also any light with one or more beams that rotate or move or that creates an illusion of such rotation or movement.

Shopping center: A group of two or more commercial establishments planned, constructed, and managed as a total entity and which includes customer and employee parking on the same site, provision for the delivery of goods separated from customer access, protection from the elements, and a unified architectural treatment of the building or buildings.

Surface area of sign: The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface. It does not include any structural elements outside the limits of such sign and not forming an integral part of the display.

Temporary sign: A sign to be used for a limited period of time and not to exceed 30 days, and posted upon the exterior or interior of a display window or main entrance door, or a sign pertaining to the lease or sale of the real estate on which said sign is situated.

Time and temperature: A sign or portion thereof whose sole purpose is the indication of the time and/or temperature.

Vehicle sign: A sign affixed or painted on a vehicle or trailer and parked at a specific location for a period in excess of 96 hours.

Window sign: A sign that is affixed to the interior or exterior of a window or located so that it can be seen from the exterior of the building through the window.

G.

General regulations.

(1)

Accessory uses. Signs shall be permitted as accessory uses in all zoning districts provided that any sign hereafter erected in the Borough of Magnolia conforms with the provisions of this section and any other ordinance or regulations of the municipality, or the state or federal government relating to the erection, alteration, or maintenance of signs. In the event of conflicting regulations, the most restrictive shall apply.

(2)

Sign permit. A permit shall be required for the installation of all signs unless exempted from such requirements under subsection K of this section in accordance with this subsection.

(a)

Application and permit fee. Each application for a permit to install a sign or signs shall be accompanied by a fee in accordance with the annual fee schedule of the Borough of Magnolia.

(3)

Maintenance. All signs shall be kept in a proper state of repair, in accordance with the requirements of the International Building Code/NJ, National Electrical, the Magnolia Property Maintenance Code or other pertinent regulations. Signs which fall into such a state of disrepair as to become unsightly may be removed by the borough 30 days after notice by certified mail to the owner of record. The borough shall have the right to recover from said owner the full costs of the removal and disposal of such signs.

(4)

Nonconforming signs.

(a)

Any signs, billboard or advertising device legally existing prior to the adoption of this section or any amendment thereto which does not conform in use, type, location, height or size to the regulations of the district in which it is located as a result of such adoption or amendment may be maintained; however, such sign, billboard or advertising device shall not be replaced.

(b)

Every sign or other advertising device lawfully in existence on the date of the adoption of this section or any amendment thereto shall not be repaired, altered or moved unless it is made to comply with the provisions of this section. The provisions of this section shall not exempt the owner of a nonconforming sign from the requirements of subsection G(5) pertaining to liability insurance and in any event, said nonconforming signs shall be removed no later than five years from the date of adoption of this ordinance unless at the date of the adoption of this ordinance a bona fide lease or other contract is in existence that would guarantee such continuance beyond said five-year period, in which case said lease or contract date shall apply.

(5)

Sign permit expiration. Any of the following shall invalidate a sign permit:

(a)

An expiration or invalidation of a certificate of occupancy for the use to which the sign relates.

(b)

A change in the copy of a sign, unless such sign is a changeable copy sign approved under subsection S of this section. A change in copy shall include:

1.

Any change of an existing face;

2.

Any addition or subtraction of any of the elements that convey meaning in the sign;

3.

Any alteration in the structure of a sign support; and

4.

For the purpose of this subsection, the painting in the same colors or the exact replacement of a sign face for maintenance purposes, pursuant to subsection G of this section shall not constitute a change in the copy of a sign.

(c)

Vacation of the premises by the user to which the sign relates.

(d)

Failure to maintain any sign, billboard or advertising device in good repair over a period of 90 days shall be considered abandonment, and said sign shall be removed after written notice by the construction code official and/or zoning officer.

H.

Prohibited signs. Any sign that is not permitted by the provisions of this section is hereby prohibited, with the following signs specifically prohibited.

(1)

A flashing, blinking, twinkling, animated, scrolling, moving or projected sign of any type or a sign that presents the illusion of movement with a change at a regulated rate of more than 30 seconds. LED signs are permitted, but must comply with the above.

(2)

Pennants, streamers, and searchlights, displayed for the purpose of attracting the attention of pedestrians and motorists, are prohibited except by a special zoning permit valid for a period not to exceed 30 days with two consecutive renewals or three renewals if separated by 60 days.

(3)

Any sign so erected, constructed, or maintained as to obstruct any fire escape, window, door, or other opening used as a means of ingress and egress.

(4)

Any message or advertisement which uses a series of two or more signs placed in a line parallel to a street each of which contains part of such message or advertisement.

(5)

Any portable, bench and any signs that emit smoke, vapor, or noise; and any portable electric signs of any kind (except A-Frame signs as written in subsection K(22)).

(6)

Any signs which, when applying contemporary community standards, has a dominant theme or purpose which appeal to prurient interests.

(7)

Any sign attached to the roof of a building, or a façade sign that projects above the lowest level of a roof or beyond the corner of a wall. No permanent sign or sign structure shall project over a street, alley, or other public right-of-way line.

(8)

Off-premises signs (with the exception of window signs when advertising for a Magnolia business only).

(9)

Rights-of-way. No sign other than traffic control or similar official governmental signs shall be erected within or project over the right-of-way of any public street or sidewalk, except as hereinafter provided.

(10)

Imitation of official signs. No sign shall be erected that is of such character, form, shape, or color that it imitates or resembles any official traffic sign, signal or device, or that has any characteristics which are likely to confuse or dangerously distract the attention of the operator of a motor vehicle on a public street.

(11)

Sight triangles. No sign shall be erected at the intersection of any streets improved for vehicular traffic within the triangular area formed by the right-of-way lines, and a line connecting them at points 30 feet from their intersection, unless the topmost portion of said sign is less than two and one-half feet high. In no case shall any sign be so erected that it impedes the vision of motorists or pedestrians, or otherwise endangers their safety.

(12)

Prohibited placement. No sign shall be placed on any tree, telegraph, electric light or public utility pole, or upon rocks or other natural features, or in the public right-of-way.

(13)

Permitted uses. No sign shall be erected containing a message that states or implies that a property may be used for any purpose not permitted in the zoning district in which said sign is located under the provisions of this section.

(14)

Public property. Any sign installed or placed on public property, except in conformance with the requirements of this chapter, shall be forfeited to the public and subject to confiscation. In addition to other remedies that may be imposed under this section, the borough shall have the right to recover from the owner or person placing such sign the full costs or removal and disposal of such sign.

(15)

Figures/figure signs. No figure or figure signs, whether decorative, informational, advertising, identical or otherwise, shall be constructed, erected or placed upon any property within the Borough of Magnolia.

I.

Computation of sign area. For the purposes of this chapter, surface are of sign shall mean the area expressed in square feet within a rectangle enclosing the extreme limits of writing, symbols, logos, letters, figures, emblems, or other representations plus all material or color forming an integral part of the sign or used to differentiate the sign from the background against which it is placed, provided that:

(1)

In the event a sign is designed with more than one face, the area shall be computed by including only the maximum surface display area visible from any one point, provided that the message is the same on each face.

(2)

The supports, uprights or other structure on which any sign is attached shall not be included in the calculation of sign area unless such structure is designed in such a manner as to form an integral part of the sign or conveys meaning.

J.

Restrictions for all signs.

(1)

All signs shall be of substantial workmanlike design and construction and securely anchored in position in accordance with the Uniform Construction Code.

(2)

The written permission of the owner of the property on which the sign is to be or has been erected shall be filed with the borough clerk.

(3)

Area of signs.

(a)

Signs in residential districts. No signs shall be permitted in residential districts except the following:

1.

One nameplate not more than two square feet in area bearing the name and profession or home occupation of a person residing on the premises.

2.

One temporary sign not exceeding six square feet in area pertaining to the lease or sale of the lot or building on which it is placed.

3.

A sign not exceeding 12 square feet in area, nor eight feet in height erected upon the premises of a church or other non-profit institution for the purpose of displaying the name and activities thereof or the services therein provided. Any pre-existing sign may be moved to a new location with approval by the zoning officer.

4.

Multiple dwellings shall be permitted one square foot of signage per apartment, but not to exceed 40 square feet.

5.

Any sign or nameplate permitted by this subsection shall be at least 15 feet back from the curb line.

(b)

Signs in "C1" commercial districts. In commercial districts, no signs shall be permitted except the following:

1.

Signs permitted in residential districts.

2.

A commercial establishment may have one sign located on or attached to the principal façade of said commercial building on each street frontage. The sign shall not project more than 12 inches beyond the building line. The sign shall not exceed either 15 percent of the principal façade area, including window and door area on which, or in front of which they are displayed, or 40 square feet, whichever is smaller.

3.

One freestanding sign, including grade level signs, may be installed for each street frontage that contains direct vehicular access from the street. The sign shall be no larger than one square foot of sign per two lineal front footage of building, not to exceed a maximum of 100 square feet. The sign shall not exceed a height of 35 feet; however, a grade level sign shall not exceed a height of six feet. The sign shall only be located in the front yard and shall not be closer to the side yard lot lines than the required side yard setback. The sign cannot obstruct the line of sight from any intersecting streets or any driveways.

4.

The area on one side of a directional sign shall not exceed 12 square feet. Directional signs shall not contain advertising and may be installed only on the lot to which it relates. The maximum height of the bottom of a directional sign shall be three feet. The number of directional signs shall not exceed the number of approved entrances and exits.

5.

Awning signs. Awning signs shall not be used in conjunction with wall signs. The area of the awning sign shall not exceed 20 percent of the entire portion of the building covered by the awning in its extended position and shall not be larger than the area permitted for a wall sign.

6.

Canopy sign. Canopy signs are permitted only in conjunction with gasoline stations where the canopy is used to provide cover for outdoor equipment. No more than one canopy sign shall occur in any yard area. The area of the sign shall not exceed 50 percent of the canopy face or 50 square feet, whichever is less.

7.

Window sign. The total area of window signs for any single enterprise shall not exceed 25 percent of the window area.

(c)

Signs in light industrial districts. In these districts, no signs shall be permitted except for the following:

1.

Any sign permitted in residential and commercial districts.

2.

A shopping center may erect two freestanding signs for the purpose of identifying the site as a shopping center or other commercial or professional use. Such a sign shall be no larger than 200 square feet. The sign shall not exceed a height of 35 feet. Any freestanding sign located in the front yard shall not be closer to the side yard lot lines than the required side yard.

3.

An individual commercial establishment located on an individual parcel may erect one freestanding sign for the purpose of identifying the site as a shopping center or other commercial or professional use. Such a sign shall be no larger than 100 square feet. The sign shall not exceed a height of 35 feet. The freestanding sign shall be located in the front yard and shall not be closer to the side yard not lines than the required side yard setback.

4.

A commercial establishment may have one sign located on or attached to the principal façade of the building that fronts on a street. Each commercial establishment part of a shopping center may have one sign attached to the primary façade of the shopping center. The total area of a façade sign shall not exceed 15 percent of the signable façade area of the ground floor of the area of the building that it occupies or 40 square feet, whichever is smaller.

(d)

Temporary signs. Temporary signs shall not be considered in computing allowable sign areas, provided that temporary signs shall not exceed 12 square feet. Signs should be removed seven days after the completion of all work on the property. No more than one sign shall be erected on each street that the property fronts.

(e)

Real estate signs. One real estate sign shall be permitted per lot and shall be removed immediately upon the completion of the signing of an agreement of sale or rental. The maximum dimensions of a real estate sign shall be six square feet. The height of the sign above the ground shall not exceed five feet. The sign shall not be illuminated.

K.

Signs exempt from permits. The following signs are exempt from the need to secure permits:

(1)

Holiday decorations. Decorations for a generally designated holiday provided they do no create a traffic or fire hazard, and provided that such decorations are not installed more than 45 days prior to the holiday and are removed within 14 days after the holiday. Such signs may be illuminated.

(2)

Official governmental signs, including banners. Such signs may be illuminated.

(3)

Marker. Name or history markers that may contain only the building name, date of construction, or historical data, provided that such marker does not exceed three square feet and is made of cut or etched masonry, bronze, or similar durable material.

(4)

Change in the copy of a changeable copy sign, once a permit for that sign has been issued.

(5)

Yard or garage sales. Such signs shall not exceed four square feet; shall be erected more than seven days prior to such sale; and shall be removed within 48 hours after the sale. No premises shall be permitted to erect such signs more than four times in any calendar year.

(6)

Real estate and contracting. Temporary real estate signs and signs of contractors, mechanics, painters, paperhangers and/or artisans, on the lot on which the real estate for rent or sale is located, or the lot on which the contracting work is being performed. Said signs shall not be larger than six square feet nor more than four feet high. They shall be removed within seven days of the completion of the sale or rental of the premises or completion of the work to which the sign relates.

(7)

Trespassing. Signs that relate to the control of trespassing on property, provided they do not exceed two square feet in area or are spaced closer than 25 feet to each other.

(8)

Emergency. Emergency warning signs erected by a governmental agency, public utility, pipeline company or contractor doing such work authorized or permitted by such agency, utility, or company. Such signs may be illuminated.

(9)

Public notice. Any public notice required by a valid and applicable federal, state, or local law, regulation or ordinance.

(10)

Interior signs. Any sign within a building, not attached to a window or door that is not legible from the lot line on which is located said building.

(11)

Art. Works of art that do not contain a commercial message. Art may be illuminated with the approval of the planning board.

(12)

Traffic control. Traffic control devices on private property, such as "Stop", "Yield" and other such signs, provided that the face of the sign meets the standards of the New Jersey Department of Transportation for such signs and which do not contain a commercial message of any type, provided that their location has been approved by the planning and zoning board.

(13)

The flag of the United States shall not exceed 150 square feet and the flagpole shall not exceed 50 feet in height. Other flags shall be considered freestanding signs and shall be governed by such regulations that may apply in applicable zoning district in which such flag is located. Flags may be illuminated.

(14)

Flags of the states, county, municipality, POW, foreign nations having diplomatic relations with the United States and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, provided that such flag shall not exceed 60 square feet in area and shall not be flown from a pole that exceeds 50 feet in height.

(15)

Name and address. Name and address signs attached to the façade of a building or on a mailbox, provided that the size of the sign does not exceed one square foot.

(16)

Incidental. Incidental signs shall be permitted provided they do not exceed two square feet in area.

(17)

Residential. Residential freestanding signs shall be permitted provided that the size of the sign does not exceed four square feet in area.

(18)

Project development. Project development signs shall be permitted where final approval of a site plan or subdivision has been granted by a board or competent jurisdiction and which indicate the name of the development, developer, financier, or major contractor provided that no more than one sign per street frontage is erected and the sign area does not exceed 32 square feet or eight feet in height. All such signs shall be removed within 14 days of the issuance of a conditional certificate of occupancy that permits the occupation of a building in the case of a nonresidential development, or when 75 percent of the dwelling units in a residential development have been issued certificates of occupancy.

(19)

Window. Window signs pursuant to subsection N.

(20)

Political signs. Political signs not exceeding 16 square feet to be erected not more than 45 days prior to election and must be removed not more than 14 days after election.

(21)

Banners. As defined in subsection F. Banners must be attached at each corner with a minimum of four attaching points.

(a)

One banner permitted per stand along business, a maximum of 30 square feet.

(b)

When multiple businesses are on one property, one banner permitted per business with a maximum banner of 15 square feet.

(22)

Portable A-frame signs are allowed; limited to six square feet per side, with a maximum height of five feet. Sign must be weighted down or anchored and can only be displayed during regular business hours.

(23)

Other allowable temporary, portable, lightweight fabric signs. Only one per business and only on business property. Placement prohibited in or on any public right-of-way. Sign limited to ten square feet with a maximum height of eight feet. Temporary signage must be maintained in good condition or will be removed immediately.

L.

Provisions relating to "Grand Opening" signs. Grand opening signs shall comply with the provisions of this chapter and the following additional requirements:

(1)

Grand opening signs shall be permitted for a period of time not to exceed 90 days from the initial opening of a business or a change in the ownership of the premises on which the sign is located.

(2)

Grand opening signs may be façade signs, freestanding signs or banners.

(3)

Grand opening signs shall not exceed the total sign area permitted on the premises for permanent signs. Such signs shall be permitted in addition to any permanent signage allowed. For the purposes of this subsection, the total sign area of banners shall not exceed that for façade signs.

M.

Provisions relating to signs in windows. The total area of all window signs, unless further restricted by district regulations, shall not exceed 25 percent of the glass area of the window in which placed.

N.

Provisions relating to directional signs. Directional signs, where permitted, shall comply with the provisions of this chapter and the following additional requirements:

(1)

Directional signs that are freestanding shall not exceed two and one-half feet in height and may be located at the streetline, provided that such signs do not obscure the vision of motorists.

(2)

Directional signs shall not exceed three square feet in area.

(3)

Directional signs shall contain no commercial messages.

O.

Provisions relating to directory signs. Directory signs, where permitted, shall comply with the provision of this chapter and the following additional requirements:

(1)

The sign will be located within the site or complex so as to allow motorists to leave the flow of traffic and safely read the directory, or shall be placed at the main entrance to a building.

(2)

The sign may contain a map or floor plan diagram, as the case may be, indicating the location of the building or office listed on the directory.

(3)

Any such sign shall not exceed 18 square feet in sign area.

(4)

No more than one sign per entrance driveway, street intersection or main entrance to a building shall be permitted.

(5)

A freestanding directory sign shall not exceed five feet in height.

P.

Provisions relating to freestanding signs. Freestanding signs, except for directional signs, shall comply with the provisions of this chapter and the following additional requirements:

(1)

Freestanding signs shall be permitted only in the front yard.

(2)

No freestanding sign shall be erected closer to the curbline or edge of paving than 15 feet except as otherwise provided herein.

(3)

With the exception of directory and directional signs, no freestanding sign shall be erected closer than 50 feet to another freestanding sign.

Q.

Provisions relating to canopy signs.

(1)

Canopy signs are only permitted in conjunction with gasoline service stations and similar uses where the canopy is required to provide cover and protection for outdoor equipment and service areas.

(2)

No more than one canopy sign shall be allowed per canopy fascia, and no more than two such signs per canopy shall be permitted.

(3)

No part of the canopy sign shall be less than 12 feet nor more than 18 feet above ground level.

(4)

The area of a canopy sign shall not exceed 50 percent of the area of the canopy fascia or 40 square feet, whichever is less.

R.

Provisions relating to changeable copy signs. Changeable copy signs, where permitted, shall comply with the provisions of this chapter and the following requirements:

(1)

All such signs shall be permanently affixed to the ground or to a structure.

(2)

Changeable copy signs may not be located in any residential zoning district except for institutional uses.

(3)

No more than one freestanding changeable copy sign shall be permitted per street frontage.

(4)

The sign area of a changeable copy sign shall be included in the total permissible sign area for freestanding or canopy signs.

(5)

Changeable copy signs may be either freestanding signs or canopy signs.

(6)

The changeable portion of the sign shall be limited to three lines of wording, or, in the case of a cinema with more than one theater, two lines per theater.

(7)

The sign area of the changeable copy sign shall be included in the total permissible sign area for freestanding or canopy signs, as the case may be, except for institutional uses. Changeable signs for institutional uses shall not exceed 12 square feet in area.

(8)

Changeable copy signs cannot be changed more than once every 30 seconds.

S.

Pedestrian oriented directory sign standards. The following standards will be applicable to pedestrian oriented directory signs:

(1)

Maximum size shall be 20 square feet and signs may be two sided.

(2)

Maximum letter height shall be two inches and shall be intended to be legible to pedestrians from a distance of ten feet from the sign face.

(3)

Signs may contain color or black and white map or diagrams of the facilities for which the directory sign is intended to provide detail.

(4)

Signage should be designed in a manner to complement the architectural styles and permissible building materials, regardless of the zone in which the sign is proposed.

(5)

Elevation views and color renderings of all proposed pedestrian oriented directory signs as well as associated buildings must be submitted to the planning board with all site plan applications or submitted with sign permit application packages.

(6)

When submitted with a complete site plan application or when submitted as an individual sign permit application, color renderings of the proposed directory sign and the associated building or buildings must be provided to demonstrate compatibility as indicated in subsection H. above.

(7)

The location of all proposed pedestrian oriented signs shall be designated on a scalable site plan drawing and their relationships to the sidewalks, crosswalks, parking area and buildings for which the directory sign is intended shall be clearly labeled.

(8)

Sign locations shall not obscure the view of motorists or pedestrians with respect to safe crossings of internal or public roadways. Clear sight triangles shall be shown at the intersection of internal or public roadways to demonstrate the suitability of the location of proposed pedestrian oriented signage.

(9)

Sign structures shall also not encroach upon the clear passage of pedestrian or bicyclists on sidewalks and alleys. The edge of any sign or column supporting any sign shall be a minimum distance of three feet from the edge of any sidewalk or alley.

(10)

Sign locations shall be selected to provide clear information to customers regarding the location and the presence of individual commercial or retail tenants within larger single unit structures. Locations shall be adjacent to parking fields where sidewalks begin, public gathering spaces within or at a site, crosswalks leading to individual sections of large-scale retail or commercial development having multiple tenant structures.

T.

[Pedestrian oriented electronic reader boards.] The following establish standards for pedestrian-oriented electronic reader boards:

(1)

Maximum size shall be 24 square feet and signs may be two sided.

(2)

The electronic LED letter height shall be of the appropriate size to be legible to pedestrians from a distance of ten feet from the sign face. Lettering may not scroll and message text shall slowly change from one topic to another by utilizing a fade technique or other methods so as to eliminate the appearance of flashing.

(3)

Signs may contain color or black and white maps or diagrams of the facilities for which the sign is intended to provide detail. Fixed sign panels with corporate or municipal logos may be incorporated above or below the LED text. Signs shall not flash or blink intermittently.

(4)

Signage should be designed in a manner to compliment the architectural styles and permissible building materials regardless of the zone in which the sign is to be constructed.

(5)

Elevation views and color renderings of all proposed electronic reader board signs, as well as associated buildings, must be submitted to the planning board with all site plan applications or submitted with sign permit application packages. Examples of the intended text messages must be provided for the board's review with the application.

(6)

Messages shall be limited to business names, date, time, temperature, community event schedules, and hours of operations or local public service announcements, including borough events. No off-premises advertising on the reader board will be permitted. No political advertising or endorsements shall be permitted. No profanity or messages that when applying contemporary community standards, would be considered inappropriate, shall be permitted.

(7)

When submitted with a complete site plan application or when submitted as an individual sign permit application, color renderings of the proposed sign and the associated building or buildings must be provided to demonstrate compatibility as indicated in T.(4), above.

(8)

The location of all proposed pedestrian oriented electronic reader board directory signs shall be designated on a scalable site plan drawing and their relationships to the sidewalks, crosswalks, parking areas and buildings, for which the directory sign is intended, shall be clearly labeled. The source of power shall be included on the scalable plan.

(9)

Sign locations shall not obscure the view of motorists or pedestrians with respect to safe crossings of internal or public roadways or sidewalks.

(10)

Sign structures shall not encroach upon the clear passage of pedestrians or bicyclists on sidewalks and alleys. The edge of any sign or column supporting any sign shall be a minimum distance of three feet from the edge of any sidewalk or alley.

U.

[Directory signs entering commercial sites.] The following standards apply to conventional directory signs that are intended primarily for motorists preparing to enter a commercial site: Directory signs shall be permitted in addition to signage otherwise specifically permitted in the applicable sections or this section when the following site-specific conditions exist or will exist as the result of the development of the property.

(1)

Multiple tenants numbering three or more sharing one common entrance into a single building.

(2)

When office or other business entrances are obscured from view by the fact that the building façade containing the entrance does not front a main or interval roadway.

(3)

In an office campus arrangement with two or more buildings sharing one or more off-street parking fields with the need to clearly delineate to the public the individual tenants in each building.

V.

[Directory sign construction.] The following standards for the directory sign construction shall apply and are correlated to building size and the number of tenants:

(1)

Signs shall be externally illuminated. The light fixtures shall be concealed from view by the sign base or, if ground mounted, by landscaping.

(2)

The façade of the sign base shall consist of or resemble brick, stone, or stucco. The height of the sign shall be, a minimum of 12 inches and maximum of 24 inches.

(3)

The area of the portion of the sign, which is not devoted to the tenant information; i.e. maps, logos, symbols, name of complex, artwork or graphics, shall not exceed 50 percent of the sign area.

(4)

The façade of area of the base and columns, normal to the sign face, shall not be included in the area of the sign.

(5)

The aggregate width of the sign columns shall not be more than 20 percent of the sign width. The height of the base shall not exceed 20 percent of the sign height. The width of the sign base shall not exceed past the outside edge of the column by more than 50 percent of the width of the column. These criteria shall not be applied when a monument type sign is being proposed.

(6)

The directory sign shall be, at least 30 feet from any other freestanding sign and shall be, at least ten feet from the street right-of-way and the principal building.

(7)

If there is a freestanding sign, the directory sign shall not exceed the area and height of the freestanding sign.

The number of directory signs shall be limited to one for each intersection of a site access driveway with an adjoining street or one per multiple unit building at a location within the site that provides clear direction to the public as to the building's tenants.

(Ord. No. 517, 3-6-1991; Ord. No. 2009-13, 7-1-2009; Ord. No. 2013:06, §§ 1, 2, 6-5-2013; Ord. No. 2013:16, § 1, 11-21-2013)

A.

All fences, walls and hedges shall be securely built and fastened and maintained so as not to inhibit pedestrian or vehicular traffic upon a public cartway.

B.

At the intersection of two or more streets, no fence, wall or hedge will be permitted to obstruct the vision of vehicular traffic in any direction. No fence, wall or hedge at any intersection:

(1)

May exceed a height of four feet measured from the lowest point of the intersecting street.

(2)

For a distance of 100 feet from the center line of the closest intersecting street to the hedge, wall or fence, any existing obstruction of this character which, within the foregoing limits, curtails the view of drivers of vehicles approaching the intersection shall be removed by and at the expense of the owner of such corner lot within six months of the date of passage of this chapter.

C.

A fence around a swimming pool shall comply with the swimming pool ordinance of the borough.

D.

No fence, wall or hedge will be erected on any property line or beyond any property line.

(1)

Where a fence, wall or hedge is established along a front or side property line adjacent to public sidewalks or street line, a distance of 18 inches will be maintained from the innermost line of the sidewalk or street line to the outermost face of the fence, wall or hedge. Except as otherwise provided, a fence, wall or hedge established along the front, side or rear lines of any property will be restricted to a maximum height of four feet along front lines, a maximum height of four feet along side lines to a distance equal to the front setback distance set forth within this chapter, a maximum height of six feet along side lines from the front setback distance to the rear property line set forth within this chapter and a maximum height of six feet along rear property lines.

(2)

Properties lying within the commercial, light industrial and heavy industrial areas may erect a fence surrounding the whole property within the restrictions as provided herein to a maximum height of ten feet.

E.

All fences and walls constructed of solid masonry or concrete, whether along front, side or rear sides, shall be restricted to a height of three feet.

F.

Fence post. All fences constructed in accordance with this chapter shall be constructed with placement of all fence posts within the fence in such a manner as to be placed in the direction facing the property owner who is installing the fence.

(Ord. No. 385, 4-4-1979; Ord. No. 381(A), 7-5-1990; Ord. No. 2007-15, § 1, 11-15-2007; Ord. No. 2017:09, § 1, 4-20-2017)

Floodlighting is permitted in all zones, provided that all lights are shaded and the beams directed so as not to cause glare on adjoining buildings, properties or roadways.

A.

Any use not specifically permitted in a zoning district established by this chapter is hereby prohibited from that district, and further provided that the following uses or activities shall be specifically prohibited in any zone of the borough:

(1)

All billboards, signboards, advertising signs or devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this chapter.

(2)

Auction markets.

(3)

Junkyards, automobile wrecking or disassembly yards the sorting or baling of scrap metal, paper, rags or other scrap or waste materials.

(4)

The keeping or raising of livestock which by reason of the nature of the living habits of the animals themselves normally cause or result in objectionable odors and/or unsightly conditions.

(5)

Trailer courts, trailer coaches used as a dwelling or commercial activities related to the outdoor storage or display of trailer coaches.

(6)

Privately operated dumps for the disposal of garbage, trash, junk, refuse and similar materials, but excluding borough council authorized recycling centers.

(7)

Open air drive-in motion picture theaters.

(8)

The open storage of any unregistered, unlicensed motor vehicle or portion thereof for a period in excess of six months.

(9)

Boarding kennels.

(10)

Manufacturing uses involving production of the following products from raw materials:

(a)

Asphalt, cement, charcoal and fuel briquettes.

(b)

Chemicals: aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen, industrial alcohol, nitrates (manufactured and natural), potash, plastic materials and synthetic resins, pyroxylin, rayon yarn and hydrochloric, nitric, phosphoric, picric and sulfuric acids.

(c)

Linoleum and oilcloth, matches, paint, varnishes and turpentine.

(d)

Rubber (natural or synthetic), soaps, including fat rendering, starch.

(11)

The following manufacturing processes: nitrating of cotton or other materials; milling or processing of flour, feed or grain; magnesium foundry; reduction, refining, smelting and alloying of metal or metal ores; refining secondary aluminum; refining of petroleum products; distillation of wood or bones; reduction and processing of wood pulp and fiber, including paper mill operations; lime, gypsum, plaster or plaster of Paris.

(12)

Operations involving stockyards and slaughterhouses, grain elevators and slag piles.

(13)

Any use of any building or premises in such a manner that the health, morals, safety or welfare of the community may be endangered.

(14)

Any trade or use which is noxious or offensive by reasons of the emission of odor, dust, smoke, gas or noise.

B.

The storage and/or parking of commercial vehicles in excess of 10,000 pounds gross registered weight on lands, premises and driveways within 100 feet of an adjoining or neighboring residential dwelling structure, except in conjunction with the operation of an existing commercial business lawfully permitted and conducted on said lands and premises pursuant to the provisions of this chapter, is prohibited in all residential districts.

C.

The creation of conversion dwellings, and/or multifamily dwellings up to and including five units in any zone of the borough.

(Ord. No. 442, 9-4-1985; Ord. No. 2006-11, § 1, 8-2-2006)

Height modifications.

(1)

The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not used for human occupancy.

(2)

Chimneys, ventilators, skylights, water tanks, television and radio antenna and similar features and necessary mechanical appurtenances usually carried on and above the roof level may exceed the height limitations of this chapter by not more than 20 feet. If such equipment is constructed as a secondary structure apart from the primary structure, the height restriction of this chapter shall apply excluding radio antenna.

(3)

The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament exceeding the height limits of this chapter by not more than five feet.

(4)

Public and quasi-public buildings, schools, churches and other similar permitted uses shall increase the front, rear and side yards by one foot for each foot by which such buildings exceed the height limit herein established for such zone in which it is located.

A.

It is recognized that it may be in the interests of the borough and in accordance with the purpose of this chapter to permit temporary activities for a limited period of time, which activities may not be permitted by other provisions of this chapter. Such uses shall be permitted if they are of such nature and are so located that at the time of application they will:

(1)

In no way exert a detrimental effect upon the lawful use of land and activities normally permitted in the zone in question.

(2)

Contribute materially to the welfare and well-being of the borough.

B.

Upon proper application and favorable finding by the borough council, it may direct the construction official to have issued a permit for said use for a period not to exceed one month.

C.

For periods in excess of one month, a use variance shall be required.

D.

Temporary office or storage facilities within a business, commercial or light industrial zone.

(1)

A mobile trailer designed specifically for office or storage use shall be allowed in all business, commercial and light industrial zones as limited here and shall be prohibited in other zones unless noted here.

(a)

Use limited to 30 calendar days from receipt of a permit from the building inspector.

(b)

The trailers shall have floor area of 120 square feet to 400 square feet.

(c)

The mobile unit shall be limited to one use, either for office or storage purposes.

(d)

Each business shall be limited to two units with a maximum of one unit per use.

(e)

All units must meet other local and state requirements, including, but not limited to, local zoning laws.

(2)

House trailers or units designed for dwelling, including, but not limited to, units providing sleeping quarters and eating facilities, recreation vehicles or any other type of temporary mobile units other than that described herein, are prohibited.

(3)

The 30-day time limit may be waived for temporary office or storage facilities by the building inspector under the following limitations:

(a)

The unit or units will be located on a construction site of six or more dwelling units within the same block, provided that all construction sites are contiguous.

(b)

The construction site must occupy at least one lot of at least 5,000 square feet.

(c)

The use of said unit or units will be limited to the time needed for construction.

(4)

The governing body may order the removal of any such temporary unit or units in any zone at any time if a majority determines that the aforementioned requirements have not been adhered to. The failure to equate notice shall constitute a violation of this chapter and shall be punishable as set forth in section 17.270-8.

(Ord. No. 401, 6-12-1980)

A.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Adult bookstore means an establishment having as a substantial or significant portion of its stock-in-trade books, magazines or other periodicals, films and other viewing material, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to special sexual activities, sexual conduct or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.

Adult motion-picture theater means an enclosed building or portion of a building used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas for observation by patrons therein.

Art studios means an establishment having as a substantial or significant portion of its services to the public the exhibition of male or female individuals to the general public, exhibiting or depicting said models displaying sexual activities, sexual conduct or specified anatomical areas of said models as defined in this section.

Motion picture means as relating to the definition of "adult motion-picture theater" above, "motion picture" is defined as film or films in which any person is shown, depicted or revealed in any act of sexual conduct or sadomasochistic abuse.

Sadomasochistic abuse means flagellation or torture by or upon the human being who is nude or clad in undergarments or in revealing or bizarre costumes or the condition of one who is nude who, so clothed, is being fettered, bound or otherwise physically restrained.

Sexual conduct means sexual intercourse, human masturbation or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether alone or with members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

Specified anatomical area.

(1)

Less than completely and opaquely covered human genitals, pubic region, buttocks or female breasts below a point immediately above the top of the aureole.

(2)

The human genitals in state of sexual stimulation, whether clothed or unclothed.

Specified sexual activity.

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

Any act of sexual intercourse, human masturbation or sodomy.

(3)

Fondling or other touching of the human genitals, pubic region, buttocks or female breasts.

B.

Adult bookstores, adult motion-picture theaters or any premises containing such activities in a portion therein or in an enclosure therein are deemed to be regulated uses within the meaning of this chapter.

C.

No regulated use herein may be located within 500 feet of any regulated use, nor within 500 feet of any church or school, nor within 500 feet of an area zoned residential by this chapter of the Borough of Magnolia. Any person, firm or corporation or other party violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine not exceeding $1,000.00 or imprisonment in the county jail for a term not to exceed 90 days or a period of community service not exceeding 90 days, or any combination thereof, in the discretion of the court before whom such conviction shall be entered. Each and every violation of this section or each day that any provision of this section shall have been violated shall be construed as a separate and distinct violation thereof.

D.

In addition to the above, other activities which may be regulated are:

(1)

Adult live entertainment which includes dancers, strippers or seminude entertainers or other persons engaged in showing or exhibiting specified anatomical areas or specified sexual activities, as defined in this chapter. Other regulated uses may include what are commonly known as "massage parlors" which feature or permit massages or the rubbing down of persons of one sex by persons of the other sex where the massage includes specified anatomical areas or specified sexual activities, as defined herein; provided, however, that nothing shall be deemed to prohibit the use or giving of massages in a location, business or building where the use or business of the massage is an accessory use to a primary use permitted by this chapter.

(2)

Adult activities generally: any use not defined in subsection A, B or C above that demonstrates, uses, exhibits or otherwise involves specified anatomical areas or specified sexual activities, as defined above, adult activities are considered regulated uses, as defined herein.

(Ord. No. 431, 8-1-1984)

Editor's note— See also section 17.270-4, definitions.

Except as otherwise provided in this article, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however, that:

A.

No nonconforming lot shall be further reduced in size.

B.

No nonconforming use may be enlarged.

C.

No nonconforming building shall be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance.

A nonconforming use shall be adjudged as abandoned when there occurs a cessation of any use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of six months from the date of cessation or discontinuance.

Any nonconforming structure existing at the time of the passage of this chapter may be restored or repaired in the event of partial destruction thereof is not abandoned. Nothing in this chapter shall prevent any such existing nonconforming structure from being restored to a safe condition or from being repaired, reconstructed or structurally altered, provided that such restoration, repair, reconstruction of alteration would comply with all other municipal regulations and ordinances, and provided further that no restoration, repair, reconstruction or alteration shall in any way enlarge or extend any nonconforming structure or nonconforming use.

No nonconforming use shall, if once changed into a conforming use, be changed back again to a nonconforming use.

A nonconforming building may not be enlarged or extended unless said building is changed to a building conforming or more nearly conforming to the requirements of this chapter.

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.

A.

A letter of approval shall be secured from the joint planning board prior to the issuance of a building permit for the construction, erection or alteration of any structure or part of a structure whereupon a change in the use of land or a structure is involved.

B.

The issuance of a letter of approval under the terms of this chapter shall in no way waive or modify the requirements of other regulations of the borough governing such matters as construction, health, sanitation and the like.

C.

Any modification of the plans or other date upon which the joint planning board's issuance of a letter of approval was based shall invalidate such letter of approval and the revised plans or data shall be resubmitted to the joint planning board for a new letter of approval.

A certificate of occupancy shall be obtained from the construction official by the owner or his or her duly authorized agent before any building or structure for which a building permit has been issued is occupied or used.

A.

Upon serving of notice by the joint planning board to the owner of any property in violation of any of the provisions of this chapter with respect to any building or use thereof or of the use of land, the certificate of occupancy for such use shall be deemed to be invalid and the owner shall be subject to the penalties herein before prescribed.

B.

The effective date of such invalidation of the certificate of occupancy shall be the tenth calendar day following the date of the joint planning board's notice of violation.

C.

A new certificate of occupancy shall be required for any further use of such land or building or structure.

A.

It shall be the duty of the joint planning board to keep a record of all applications for zoning variances, a record of all zoning variances issued and denied, a record of all certificates of occupancy concurred in by the joint planning board together with notations of all special or unusual conditions involved therewith. These records shall be dated and numbered consecutively, safely secured in the municipal building and shall be made available by the joint planning board for public inspection upon request.

B.

The joint planning board shall prepare and submit to the borough council monthly reports citing, for the period since its last report, all applications received and its actions thereon, all certificates of occupancy concurred in by it, all complaints of violations received, all notices of violation issued by it and action taken by it consequent thereon. A copy of such report shall be filed with the tax assessor and the secretary of the joint planning board at the same time it is filed with the borough council.

Other procedures regarding development applications are contained in title 16, chapter 170, land development procedures, Ordinance No. 363 and any amendments thereof, pursuant to the provisions of chapter 291, P.L. 1975.

Note— See N.J.S.A. 40:55D-1 et seq.

For the purpose of this chapter, the Borough of Magnolia is divided into the following zones:

Residential A: RA

Residential B: RB

Commercial: C

Light Industrial: LI

Heavy Industrial: HI

The boundaries of all zone districts shall be shown on a map attached to and made a part of this chapter and entitled, Zoning Map, Borough of Magnolia, dated 1994. Said map and all notations and references thereon are hereby incorporated into and declared to be part of this chapter.

Editor's note— The Zoning Map is on file in the office of the borough clerk. Amended at time of adoption of Code (see ch. 1, General Provisions, art. I).

A.

Zone boundary lines are intended to follow the center line of streets, railroad rights-of-way, streams and recorded property lines, except where indicated otherwise by dimensions or other notation on the zoning map of the borough.

B.

Where zone boundaries are not fixed by dimensions or other notation and where they approximately follow property lines or other natural features and do not scale more than 25 feet distant therefrom, such property line or natural feature shall be deemed to be the location of the zone boundary.

C.

In unsubdivided land, where a zone boundary divides a property and the location of such boundary is not fixed by dimensions or other notation on the zoning map then the location of such boundary shall be determined by the joint planning board through use of the graphic scale appearing on the map.

A.

Detached single-family dwelling.

B.

Municipal parks, playgrounds, buildings and/or structures connected with the governmental function or a governmental service.

C.

Signs in accordance with the following:

(1)

One nameplate sign situated within the property lines and not exceeding one square foot in area on either of two sides.

(2)

One temporary sign pertaining to the lease or sale of property or construction of a structure on the property or a political sign, none of which shall be illuminated. They shall be situated not less than ten feet from the street line, unless attached to the structure, and shall not exceed four square feet in area on either of two sides.

(3)

One sign, which may be illuminated by nonflashing light, identifying a playground, park or other such permitted use, which is situated on the property to which it relates not less than ten feet from a street line and does not exceed ten square feet in area on either of two sides, and the sign shall not be higher than seven feet from finished grade to top of sign.

(4)

One sign, which may be illuminated by nonflashing light, which shall indicate only the name and profession of the resident, shall be situated not less than two feet from the street line and shall not exceed one square foot in area on either of two sides, nor shall the top of the sign be more than five feet from the finished grade to the top of the sign for a freestanding sign, eight feet for an attached sign.

A.

Professional residence.

B.

Home occupations.

C.

Nongovernmental public utility uses.

D.

Public and private schools and libraries.

E.

Churches; Sunday school buildings.

A.

Private garages.

B.

Normal residential storage structures not to exceed 200 square feet and a maximum height of 12 feet. Any entrance door or doorway to the shed is not to exceed 42 square feet in area, and no vehicles are to be stored in the shed.

C.

Animal shelter for domestic pet not to exceed two pets.

D.

Private swimming pool.

E.

All private garages and normal residential storage structures not exceeding 200 square feet shall be set back five feet from the side and rear property lines.

(Ord. No. 381, 5-6-1998; Ord. No. 2011:06, § 1, 6-16-2011; Ord. No. 2015:10, § 1, 5-6-2015)

Off-street parking space together with appropriate access thereto shall be provided on the same property as it is intended to serve in accordance with the following minimum standards:

A.

Dwellings: two spaces for each dwelling unit.

B.

Churches and public meeting places: one space for each four seats or other similar form of accommodation.

C.

Other public and quasi-public buildings: one space for each 400 square feet of total floor area.

D.

Public parks, playgrounds and recreation areas: two spaces for each acre devoted to such use.

A.

Detached single-family dwelling.

B.

Cluster developments.

C.

Apartment dwellings.

D.

Townhouse dwellings.

E.

Conversion dwellings.

F.

Professional residence.

G.

Municipal parks, playgrounds, buildings and/or structures connected with the governmental function or a governmental service.

(Ord. No. 2006-11, § 2, 8-2-2006)

A.

Private garage.

B.

Normal residential storage structures not to exceed 200 square feet.

C.

Animal shelter for domestic pet not to exceed two pets.

D.

Private swimming pool.

E.

Off-street parking areas.

F.

Signs, in accordance with the following:

(1)

One name sign situated within the property lines and not exceeding one square foot in area on either of two sides.

(2)

One temporary sign pertaining to the lease or sale of property or construction of a structure on the property or a political sign, none of which shall be illuminated. They shall be situated not less than ten feet from the street line, unless attached to the structure, and shall not exceed four square feet in area on either of two sides.

(3)

One sign, which may be illuminated by nonflashing light, identifying a public or quasi-public building, playground or other such permitted use, which is situated on the property to which it relates not less than ten feet from a street line, unless attached to a structure, and does not exceed ten square feet in area on either of two sides, and the sign shall not be higher than seven feet from finished grade to top of sign.

(4)

One sign, which may be illuminated by nonflashing light, which shall indicate only the name and profession of the resident, shall be situated not less than two feet from the street line and shall not exceed one square foot in area on either of two sides, nor shall the top of the sign be more than five feet from finished grade to top of sign for a freestanding sign, eight feet for an attached sign.

(5)

One sign, which may be illuminated by nonflashing light, which shall indicate only the availability of space for rent or lease on the same lot only and identifying the agent and his or her location. Said sign may not exceed 16 square feet in area on either of two sides and shall not be less than ten feet from the street line, nor shall the top of the sign be more than five feet from finished grade to top of sign for a freestanding sign, eight feet for an attached sign.

G.

All private garages and normal residential storage structures not exceeding 200 square feet shall be set back five feet from the side and rear property lines.

(Ord. No. 381, 5-6-1998; Ord. No. 2015:10, § 1, 5-6-2015)

A.

Nongovernmental public utility uses.

B.

Public and private schools and libraries.

C.

Churches; Sunday school buildings.

D.

Home occupations.

E.

Swimming club.

A.

Access to site. Any attached dwelling unit site shall abut or have permanent access to an approved or existing public street. Private streets within the site of an attached dwelling development shall be permitted but shall be protected by a permanent easement and shall provide for safe and suitable vehicular circulation in the development at all times. Dead-end or cul-de-sac streets shall include adequate turning space.

B.

Access to buildings. Convenient vehicular access to all buildings on the attached dwelling unit development site shall be provided for emergency equipment, furniture moving vans, fuel trucks where required, garbage collection, general deliveries of goods and snow removal. Pedestrian access to the rear of all buildings fronting on a public street shall be provided.

C.

Access to dwelling units. A safe and convenient means for pedestrian access to all dwelling units shall be provided in such manner as not to require access through any other dwelling unit.

D.

Services and facilities. The development of the site shall be designed so that it does not infringe upon adjoining properties. Utilities and other similar facilities shall be provided for the development without dependence upon the availability of such services on adjoining properties. All attached dwelling unit developments shall be connected to and serviced by public systems for the provision of water and disposal of sanitary and storm sewage. Such public systems shall have been determined adequate to serve the proposed development by competent authority designated by the borough council.

E.

Occupancy of dwelling units. No dwelling unit shall be occupied until all other dwelling units in the same building are completed and ready for occupancy, having all utility connections completed, pedestrian and vehicular accessways improved and parking areas paved and drained as designed.

F.

Compliance with other ordinances and regulations. The attached dwelling unit development shall conform to the recommendations of the borough master plan regarding the creation of new streets, the widening of existing streets, drainage rights-of-way and conservation areas. Where subdivision of lands is required or designed by the developer of the attached dwelling unit development, in accordance with the provisions of title 16, chapter 170, land development procedures, the receipt of subdivision approval prior to proceeding under this chapter shall not in any way be construed to imply approval of the proposed attached dwelling unit development. Where the review and/or approval of the various elements or features of approval of the various elements or features of the proposed attached dwelling unit development is required to be received from any municipal, county or state agency or official, other than the joint planning board, such review and/or approval shall be obtained prior to proceedings herein under.

A.

Buildings shall not contain dwelling units above the second story nor below grade.

B.

The first story shall have a floor level at least eight inches above the grade line at the foundation.

C.

Areas where development is normally banned may be included as part of any required open space, provided that these areas do not constitute more than two-fifths of the required open space.

A.

No two buildings shall be closer to each other than 30 feet.

B.

Where two structures are placed face to face or back to back, they shall be separated by a court yard the size of which shall be three times the average height of the two buildings.

All buildings and structures will comply with the borough building codes and fire codes as adopted by ordinance.

A.

Buildings shall be designed so that an offset of at least four feet shall occur between building segments.

B.

No building shall be constructed or altered in a manner so that its exterior design and appearance is not compatible and harmonious with a normal exterior residential appearance.

C.

The overall length of any structure or attached group of structures shall be no more than 160 feet.

A.

Outdoor recreation space shall be provided in all developments of 30 or more units.

B.

Such outdoor recreation space shall not be less in area than an amount equal to 20 percent of the gross floor area of the development.

C.

Such outdoor recreation space shall not be on a grade of more than two degrees.

A.

The planning board shall determine the number of off-street parking spaces required based on dwelling unit mix and size and related factors.

B.

Maximum requirements shall not exceed two spaces per unit nor shall be less than one space per unit.

C.

The total area devoted to parking shall not exceed 40 percent of the total land area of the site.

D.

All parking facilities shall be on the same site as the building and within 200 feet of the nearest entrance of the building they are intended to serve.

Streets, roads, curbs, parking areas and sidewalks shall be constructed in accordance with borough specifications furnished by the borough engineer.

A.

The character and appeal of the site shall be enhanced by retaining and protecting existing trees and other natural features of the site whenever possible and through the addition of new planting materials for privacy, shade, beauty of buildings and grounds and to screen objectionable features.

B.

Plant materials to be provided shall be in scale with the composition of the buildings, the site and its various uses and surroundings.

C.

Plant materials shall be arranged to harmonize in size, shape, color, texture and winter characteristics with the buildings and development of the grounds.

D.

Plants shall be indigenous to the area or be readily adaptable to the local climate and soil conditions.

E.

All plantings in park strips, the area between curb and sidewalk, are subject to the approval of the planning board of the borough.

A.

Attractive lighting fixtures for walks, steps, parking areas, streets and other facilities shall be provided at locations to assure the safe and convenient use of such facilities.

B.

Fixtures shall be placed and designed in keeping with the character of the development and be adequately shaded to screen the windows of dwelling units and adjacent properties from the direct rays from the light fixtures.

A.

All electric power, gas and telephone transmission lines shall be installed underground at a depth and at such location as will minimize risk of interruption of services.

B.

Screening/buffers. Fences, walls, shrubbery or other appropriate screening devices shall be installed around garbage and trash storage areas, parking areas, service areas, property lines and at such other locations deemed desirable or necessary by the planning board.

Laundry facilities shall be provided for the sole use of occupants. These facilities shall be on the ground floor of each building and be in the quantity of one dryer and one washer for every eight units. Outdoor laundry drying facilities are prohibited.

A.

A minimum of at least one full-time maintenance employee or caretaker, who shall maintain his or her residence within the development, shall be provided for each development.

B.

Adequate undercover storage area shall be provided for materials and equipment necessary for the maintenance of the building and grounds within the development.

A.

Detached single-family dwelling.

B.

Retail business establishments which are clearly of a community service character, such as but not limited to the following:

(1)

Stores selling groceries, meats, baked goods and other such food items.

(2)

Stationery, tobacco and newspaper stores, drugstores, luncheonettes and confectionery stores.

(3)

General merchandise stores such as hardware, appliance, furniture and radio and television stores; clothing, accessory and jewelry stores.

C.

Personal service establishments which are clearly of a community service character, such as but not limited to the following: barber and beauty shops, shoe repair shops, tailor shops, dry cleaning pickup shops and self-service laundries.

D.

Business and professional offices, banks and financial institutions.

E.

Commercial schools, conducted for profit; theaters, playhouses and other similar places of public assembly.

F.

Reserved.

G.

Other business uses which, in the opinion of the joint planning board are similar in nature and scale to those permitted above, provided that no warehousing shall be permitted in this zone.

(Ord. No. 2011:03, § 1, 1-19-2011)

A.

Off-street parking facilities for the use of customers and employees.

B.

Private garage space for the storage of commercial vehicles used in conjunction with a permitted business use, provided that said garage is not used for the storage of goods or warehousing.

C.

Off-street loading facilities.

D.

Signs in accordance with the following: All signs associated with permitted residential uses are permitted in the commercial zone. All other signs shall comply with the standards listed below:

E.

One identification sign may be placed or inscribed upon the front facade of a building for each permitted use or activity. Said sign shall not exceed an area of 20 square feet or dimensions of four feet by five feet and shall not project more than 12 inches in front of the front facade. Signs may be illuminated by nonflashing light which shall be shielded to prevent glare in a public street or adjacent residence zone.

A.

Churches.

B.

Clubhouses and meeting houses.

C.

Restaurants, including drive-in types and taverns.

D.

Funeral parlors; veterinarian hospitals.

A.

Off-street loading and unloading. Truck loading and unloading facilities shall be provided on the property in other than the front yard area in sufficient amount to permit the transfer of goods in other than a public street. This subsection shall not require such facilities for uses which are in existence on the effective date of this chapter.

B.

Off-street parking. Off-street parking facilities shall not be located within 20 feet of the boundary of a residential district. As a minimum, the uses enumerated below shall provide the specified number of parking spaces with suitable means for ingress and egress:

(1)

Dwellings: Two spaces for each dwelling unit.

(2)

Public meeting places: One space for each four seats or other similar form of accommodation.

(3)

Other public buildings: One space for each 400 square feet of total floor area.

(4)

Business and professional offices: One space for each 200 square feet of total floor area devoted to such use, but in no case less than two spaces.

(5)

Any retail business or personal service establishment enumerated in section 17.270-59 employing five full-time employees or the equivalent total number of part-time and full-time employees on the premises: One space for each such full-time employee and one-half space for each part-time employee.

(6)

Theaters, restaurants, taverns or other places: Off-street parking shall be provided at the rate of one space for each three seats or similar form of accommodation, plus one space for each employee.

(7)

Public parks, playgrounds, recreation areas: Two spaces for each acre devoted to such use.

(8)

Parking lots are encouraged to be coordinated with adjacent properties minimizing points of access to the streets.

(9)

Parking is not permitted between the building and the street line unless the building setback is a minimum of 80 feet.

Fences, walls, shrubbery or other appropriate screening devices shall be installed around garbage and trash storage areas, parking areas, property lines serving as zoning district lines with residential districts and at other locations deemed desirable or necessary by the planning board.

The following are the permitted principal uses in the LI zone:

A.

All of those uses permitted in the commercial zone except dwelling units.

B.

Veterinarian hospitals, greenhouses, wholesale business establishments, lumberyards, building material yards, warehouses and food associated industries.

C.

Body and fender repair shops, electronic and electric repair shops, executive and administrative offices, scientific and/or research laboratories, machine shops, woodworking shops and fabrication of paper products.

D.

Other businesses of similar nature, provided that they do not by reason of odor, noise or dust and smoke or use of flammable materials constitute a nuisance or danger to life or property.

(Ord. No. 2006-05, § 1, 4-5-2006)

Off-street loading facilities provided so as to allow the transfer of goods in other than a public right-of-way.

A.

A minimum area of 12 feet wide by 30 feet long and 14 feet high shall be hereby defined as a loading unit.

B.

Required spaces.

(1)

The number of spaces to be provided for each commercial or industrial use as follows:

(2)

For each additional 50,000 square feet or portion thereof: one additional space.

C.

Loading spaces shall be provided on the same lot as the principal use and in other than the front yard area.

D.

These facilities shall not be required for uses that are in existence on the effective date of this chapter.

Fences, walls and hedges will be restricted as defined in article IV, section 17.270-18, of this chapter.

Off-street parking shall be provided for employees and customers as follows:

A.

Retail: One space for every 400 square feet of floor space.

B.

Offices: One space for each 300 square feet of floor space.

C.

Industrial: One space for each 600 square feet of floor space.

A.

One freestanding sign shall be permitted for each structure, said sign shall not exceed 50 square feet, plus ten square feet for each separately operated use or activity in the structure, if there is more than one. However, in no case shall any sign exceed 150 square feet in area on either of two sides.

B.

Such signs shall not be located within 50 feet of a street or property line.

C.

Such signs shall be for the sole purpose of identifying the facility and listing the individual occupants.

D.

Such signs shall not be more than 19 feet in height from grade to top of the sign nor less than 12 feet from grade to the bottom of the sign.

E.

In no event shall the height of the individual letters comprising the sign exceed 30 inches or be less than six inches.

A.

Automotive service establishments; motor vehicle sales establishments.

A.

Minimum requirements.

(1)

Retail: as permitted in commercial zone.

(2)

Offices and banks: as permitted in commercial zone.

(3)

Other.

B.

Maximum height requirements. The maximum height of buildings shall not exceed four stories or 50 feet.

C.

Occupied area requirements. No building in this zone will occupy more than 40 percent of the lot area, including accessory buildings.

Buffers and screens shall be provided as described in the commercial zone. Further, depending upon the nature of business being established, the joint planning board shall decide the extent and type of buffers and screens; however, the basic requirements as provided in this chapter shall prevail.

Lighting shall be as provided in the commercial zone.

A.

All of those uses allowed in light industrial.

B.

Any of those industries or manufacturers that will not by reason of their nature or product create odor, dust, smoke, gas or noise or which constitute an unusual fire or explosive hazard.

A.

Off-street loading and unloading facilities shall be as permitted in light industrial zone.

B.

Off-street parking shall be as permitted in the light industrial zone.

C.

Signs as permitted in the light industrial zone.

D.

Fences, hedges and walls shall be required as defined in article IV, section 17.270-18, of this chapter.

E.

Buffer and screens shall be provided as described in light industrial zone.

A.

Minimum requirements.

B.

Maximum height requirement shall be as permitted in the light industrial zone.

C.

Maximum occupied area requirements. No building or structure shall occupy more than 50 percent of the lot area, including accessory buildings; further, buildings or structures allowed in any other zone that are allowed in this zone shall be restricted to the limitations of the most restricted area.

Lighting shall be as provided in the commercial zone.

The purpose and intent of the cannabis conditionally permitted use in redevelopment zone is to provide appropriate type of facility in appropriate location within the borough while promoting economic growth that will preserve and maintain health, safety and welfare of the borough and its residents.

(Ord. No. 12-2024, § 2(270-78), 10-2-2024)

Editor's note— Ord. No. 12-2024, adopted October 2, 2024, enacted provisions to be designated as §§ 17.270-78—17.270-83. Inasmuch as there already exist a § 17.270-78, said provisions have been redesignated as §§ 17.270-77.1—17.270-77.6 by the editor. Original ordinance designations have been maintained in the history notes.

Cannabis establishments based on the type of licenses shall be permitted as conditionally permitted overlay zone in the following districts:

(Ord. No. 12-2024, § 2(270-79), 10-2-2024)

Editor's note— See editor's note following § 17.270.77.1.

A.

All cannabis establishments located with 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.

Hours of operation of any cannabis retail facility shall be limited from 9:00 a.m. to 9:00 p.m., seven days a week.

E.

For each cannabis establishment located within the borough a security plan to be approved by Magnolia 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 limited to:

•

Type of security systems to be installed.

•

Installation, operation and maintenance of security camera coverings all interior and exterior parking lots, loading areas and other such areas of the establishments.

•

Tracking and record keeping of products and materials.

•

Type of lighting provided in and around the establishments.

•

Location on site security team and armed guard on premises.

F.

Borough of Magnolia shall permit a maximum of two licenses for Class 5 Retail Cannabis Establishments. No other licenses shall be permitted.

(Ord. No. 12-2024, § 2(270-80), 10-2-2024)

Editor's note— See editor's note following § 17.270-77.1.

A.

All cannabis establishments shall provide detailed information on odor control from these sites. This shall include air treatment systems with sufficient odor absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable are not detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights of way, or within any other unit located in the same building if the use occupies a portion of a building.

B.

All cannabis establishments 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 requirements.

C.

Loitering, disruption to and/or obstruction of the free passage of persons or vehicles in immediate vicinity of the property shall be considered unlawful.

(Ord. No. 12-2024, § 2(270-81), 10-2-2024)

Editor's note— See editor's note following § 17.270-77.1.

A.

All cannabis establishment operations such cultivation, manufacturing, wholesale packaging and retail shall be conducted within a building. No operations shall be conducted outside.

B.

No cannabis establishments shall be located within 200 feet of house of worship, school, or day care.

C.

Parking: Each cannabis establishment shall comply with the parking. The following parking schedule shall be used to calculate the required number of off-street parking spaces per use. Where the calculation results in a fraction of a space, the required number of parking spaces shall be rounded to the nearest whole number.

Cannabis Retailer - 1 per every 300 square feet of gross floor area

D.

Signage: Signage shall comply with the land use ordinance.

(Ord. No. 12-2024, § 2(270-82), 10-2-2024)

Editor's note— See editor's note following § 17.270-77.1.

A.

There is hereby established a cannabis transfer tax in the Borough of Magnolia which shall be fixed at a uniform percentage rate of two percent on all sales or transfers of cannabis products from a licensed cannabis entity, as defined herein, except for sales or transfers of cannabis products from a cannabis wholesaler, which shall be taxed at a percentage rate of one percent on all sales or transfers of cannabis products.

B.

There is hereby established a cannabis user tax in the Borough of Magnolia at the same rates set forth in subsection (A) herein which shall apply to any licensed cannabis entity which holds concurrent licenses and operates more than one cannabis establishment. The cannabis user tax shall apply to the value of each transfer or use of cannabis or cannabis items not otherwise subject to the cannabis transfer tax from the licensed cannabis entity's establishments either without or outside the Borough of Magnolia.

C.

The cannabis transfer tax shall be in addition to any other tax or fee imposed pursuant to statute, state and federal law or local ordinance or resolution by any government entity upon a licensed cannabis entity.

D.

The tax imposed by this section shall be paid to the borough on a quarterly basis no later than the 15th day of the month following the last month of the quarter along with a report certified as true and accurate by the chief financial officer, controller or other similarly situated person showing the gross revenues for the licensed cannabis entity for each month of the quarter.

E.

The licensed cannabis entity operating within the borough shall file on an annual basis no later than February 1 of each year a financial report from an independent accountant certifying as to the annual revenues for the preceding year.

F.

A copy of this section shall be transmitted to the state treasurer and to every licensed cannabis entity within the Borough of Magnolia.

(Ord. No. 12-2024, § 2(270-83), 10-2-2024)

Editor's note— See editor's note following § 17.270-77.1.

The zoning permit application fee shall be as follows:

Residential - $25.00.

Commercial - $75.00.

(Ord. No. 04-2024, § 1, 3-21-2024)