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Mendham Township City Zoning Code

§ 500-2

Establishment of districts.

[Amended 9-25-2007 by Ord. No. 12-2007; 3-25-2008 by Ord. No. 4-2008; 7-8-2013 by Ord. No. 3-2013; 12-23-2014 by Ord. No. 12-2014; 7-28-2015 by Ord. No. 6-2015; 10-9-2018 by Ord. No. 14-2018; 10-9-2018 by Ord. No. 15-2018; 7-26-2021 by Ord. No. 10-2021; 9-13-2021 by Ord. No. 12-2021; 11-22-2021 by Ord. No. 15-2021]
A. 
Zone districts. For purposes of this ordinance the Township of Mendham is divided into 12 zone districts known as:
R
One Family Residence District
R-1
One Family Residence District
R-2
One Family Residence District
R-3
One Family Residence District
R-5
One Family Residence District
R-10
One Family Residence District
R-C
Residential Cluster District
CR-1
Combination Residential District
CR-2
Combination Residential District
G
Golf District
B
Neighborhood Business District
M-1
Municipal Uses Zone
REB
Reuse and Reconstruction of Existing Buildings Overlay Zone within the R-10 Zone district retaining the underlying R-10 zone plan and requirements
B. 
Zoning Map and Schedule of Requirements.
(1) 
There is hereby adopted as the official Zoning Map of the Township of Mendham that certain map prepared by Ferriero Engineering dated May 2012 and captioned "Zoning Map, Township of Mendham, Morris County, NJ." Said Zoning Map shall control all land uses in the Township of Mendham and all prior zoning maps are hereby repealed to the extent inconsistent herewith.
(2) 
Zoning Map amendments.
(a) 
The property designated on the official tax map of the Township of Mendham as Block 100, Lot 17.03, which is also delineated and designated on the map entitled 'Township of Mendham, Mendham County, New Jersey, Zoning Map," including the Schedule of Requirements appearing thereon, is hereby designated as an overlay zone district within the R-10 Zone entitled the '"Reuse and Reconstruction of Existing Buildings Overlay Zone."
(b) 
The Zoning Map of the Township of Mendham is amended to provide that Lot 1 in Block 13101, known as the Pitney Property, 1 Cold Hill Road, Mendham Township, New Jersey, is/shall be rezoned from R-2 Detached Single Dwelling to R Detached Single Dwelling.
(c) 
The Zoning Map of the Township of Mendham is amended to provide that Lot 1 in Block 131.01 (proposed Lots 1.01. 1.02. and 1.03 in Block 131.01) consisting of approximately 12.27 acres known as the Pitney Property, 1 Cold Hill Road, Mendham Township, New Jersey, shall be rezoned from R-2 Detached Single Dwelling to R 20,000 minimum square foot lot size.
(d) 
The Zoning Map of the Township of Mendham is amended to provide that Lot 29 in Block 127 consisting of approximately 11.5 acres known as 9 Shores Road, Mendham Township, New Jersey, shall be rezoned from R-3 Detached Single Dwelling to R-1 Detached Single Dwelling.
(e) 
The Mendham Township Zoning Map shall be amended to designate Block 137, Lot 17.01 as the M-1 Municipal Uses Zone.
(f) 
Block 147, Lots 42.1 to 42.16 is hereby changed from a R-10 zone to an R-5 zone. The Mendham Township Zoning Map shall be amended to designate Block 147, Lots 147, Lots 42.1 to 42.16 R-5 Residential Zone.
C. 
Rules for interpretation of district boundaries.
(1) 
Where a boundary line is shown as approximately following the center line of a street or highway, a street line or highway right-of-way line, such center line, street line or right-of-way line shall be construed to be such boundary. The boundary line will be changed automatically whenever the center line, street line or highway right-of-way line is changed, if the change does not exceed 20 feet.
(2) 
Where a boundary line is shown as following a lot line, the lot line shall be construed to be the boundary.
(3) 
Where a boundary line follows a stream, the boundary shall be deemed to be the center line of the stream.
(4) 
Where a boundary line is shown as approximately parallel to a street, highway or stream, the boundary shall be construed as being parallel thereto and at such distance from the center line as indicated on the Zoning Map.
(5) 
In cases of doubt, the boundary line will be determined by the Board of Adjustment.
D. 
Cannabis businesses prohibited.
(1) 
Definitions. For purposes of this chapter, the following definitions shall apply:
CANNABIS
Means all parts of the plant Cannabis sativa L., 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. 2016, c. 16, for use in cannabis products as set forth in this act, 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" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marijuana as defined in section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2), and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et al.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et al.).
CANNABIS CULTIVATOR
Means any licensed person or entity that grows, cultivates, or produces cannabis in this state, 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.
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.
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.
CANNABIS ESTABLISHMENT
Means a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
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.
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.
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.
MEDICAL CANNABIS ORGANIZATIONS
Means any person or entity licensed, or an applicant for a license, to operate as medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, clinical registrant or an alternative treatment center under the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al).
(2) 
Cannabis establishments, distributors and delivery services prohibited.
(a) 
Pursuant to section 3lb of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16) (N.J.S.A. 24:6I-45b), all cannabis establishments, cannabis distributors or cannabis delivery services are hereby prohibited from operating anywhere in the Township, except for the delivery of cannabis items and related supplies directly to a consumer for personal use by a New Jersey licensed cannabis delivery service having its licensed premises based at a location outside the geographic boundaries of the Township, and which the delivery of such cannabis items and related supplies is initiated from such licensed location.
(b) 
This prohibition shall be read and construed to apply equally to any and all medical cannabis organizations holding a license, or applicants for such a license, issued under the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al), to the extent such medical cannabis organizations, or applicants for such licenses, seek to concurrently operate or to otherwise hold a cannabis Class 1 Cannabis Cultivator license, Class 2 Cannabis Manufacturer license, Class 3 Cannabis Wholesaler license, Class 4 Cannabis Distributor license, Class 5 Cannabis Retailer License and/or a Class 6 Cannabis Delivery License under section 33 (N.J.S.A. 24:6I-46a(3)(a)(i) thru (3)(a)(iv)) of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.
(c) 
The concurrent operation of a cannabis Class 1 Cannabis Cultivator license, Class 2 Cannabis Manufacturer license, Class 3 Cannabis Wholesaler license, Class 4 Cannabis Distributor license, Class 5 Cannabis Retailer License and/or a Class 6 Cannabis Delivery License under section 33 (N.J.S.A. 24:6I-46a(3)(a)(i) thru (3)(a)(iv)) of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Moderation Act is hereby prohibited at any premises of a licensed medical cannabis organization or applicant for such license, under the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al).