Oaklyn City Zoning Code
ARTICLE IV
General Regulations
§ 125-6 Compliance required.
[Amended 8-13-1991 by Ord. No. 7-91]
No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged and no land shall be used for any purpose other than those included among those listed as permitted uses in each zone by this chapter and meeting the requirements set forth by the schedule appended to this chapter in accordance with Article III.[1] Any use not listed as a permitted use in a particular zone is a prohibited use. No space contiguous to any building shall be encroached upon or reduced in any manner except in conformity to the yard, lot area, building location, density, off-street parking and other regulations contained in the schedule in Article III and the text of this chapter as they apply to the zone in which the building or use is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter.
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
§ 125-7 Location of principal buildings; street improvement standards.
Every principal building shall be built upon a lot with frontage upon a public street improved to meet Borough standards or for which such improvements have been insured by the posting of a performance guaranty pursuant to the subdivision regulations of the Borough. In the case of lots not comprising portions of a plan of lots approved pursuant to the subdivision regulations of the Borough, the minimum Borough standard of street improvement shall be a thirty-foot roadway paved with a durable and permanent surface on a properly prepared subgrade, the construction of which shall be reviewed, inspected and approved by the appropriate Borough authorities. These street improvements shall be made from the nearest public street to the farthermost property line of the subject lot.
§ 125-8 Irregular lots.
[Amended 8-13-1991 by Ord. No. 7-91]
In the case of an irregular lot in which the side lot lines are not parallel, the average width of the lot may be substituted for the required minimum lot frontage, but the street lot frontage shall not be less than 80% of the minimum required width prescribed by Article III. All lots shall have a minimum lot width of 10 feet measured at the rear lot line.
§ 125-9 Yard and open space requirements.
No yard or other open space provided about any buildings for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other space on another lot shall be considered as providing a yard or open space for a building on any other lot.
§ 125-10 Corner lots; visibility at intersections.
[Amended 8-13-1991 by Ord. No. 7-91]
A.
Any principal or accessory building located on a corner lot shall have a minimum setback from both street lines equal to the required front yard setback, and such corner lot shall be deemed to have two front yards and two side yards for the purpose of determining compliance with the Schedule of Area, Yard and Building Requirements of Article III.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
B.
At the intersection or interception of two or more streets, no hedge, fence or wall higher than three feet above curb level or any obstruction to vision other than a post or tree not exceeding one square foot in cross section shall be permitted within the triangular area formed by the intersecting street lines and a straight line joining points located on said street line 30 feet distant from their point of intersection.
§ 125-11 Effect of street widening on front yard requirements.
When a lot has frontage on a street right-of-way that has been designated for widening by the Borough, Camden County or the State of New Jersey, the required front yard area shall be measured from the proposed right-of-way line, which shall in all cases be a minimum of 25 feet from the road center line.
§ 125-12 Use permitted on nonconforming lots.
Any parcel of land with an area or width less than that prescribed for a lot in the zone in which such lot is located may be used as a lot for any purpose permitted in the zone other than multiple dwellings, provided that the owner owns no adjoining land and all other regulations prescribed for the zone in this chapter are complied with.
§ 125-13 Outdoor storage.
[Amended 12-11-2012 by Ord. No. 22-12]
The outdoor storage of goods, articles, appliances and vehicles shall be prohibited in business and industrial districts unless items being stored are to be sold on the premises, located to the rear of the front setback line and screened in a manner which prevents their being viewed from any residential property. Visible storage of any kind shall not be permitted on the premises in any residential district. Outdoor storage of any item intended for indoor use is prohibited in business and industrial districts.
§ 125-14 Uses prohibited in all zones.
[Amended8-13-1991 by Ord. No. 7-91; 12-10-1996 by Ord. No. 12-96; 7-13-2021 by Ord. No. 10-21; 10-14-2025 by Ord. No. 19-25]
The structures and uses listed below are specifically prohibited in any zone:
A.
Any use which emits excessive or objectionable amount of dust, fumes, noise, odor, smoke, vibrations or waste products.
B.
Junkyards.
C.
Adult bookstores and related establishments.
D.
The use of any portable building or structure, stationary vehicle or stand of any description for the purpose of displaying or selling food, merchandise or commodities of any kind.
E.
The use of a barn, building or structure of a temporary nature, garage, house trailer, outbuilding, shack or tent on any lot or parcel of land for living or sleeping purposes in any district on either a temporary or permanent basis.
F.
No trailer or trailer-type facility used or intended to be used for nondwelling purposes shall be occupied on any tract of ground within the Borough, except as herein provided.
(1)
Construction trailers as a temporary accessory use during construction of an authorized use shall be permitted as part of the zoning permit for the authorized use. Such trailers shall comply with accessory use zoning requirements of the district in which authorization has been granted to locate the permanent, primary structure. Such trailers shall be removed prior to making application for a certificate of occupancy issued by the zoning administrative officer, but in any event shall be removed within 30 days of the completion of the project.
(2)
Trailers may be permitted as a temporary business office in districts where business offices are permitted during construction of a permanent office facility or as a sales or leasing office on a buildable lot during construction of a residential development. Such trailers shall comply with accessory use zoning requirements of the district in which authorization has been granted to locate the permanent, primary structure. Such trailers shall be removed prior to making application for a certificate of occupancy issued by the zoning administrative officer.
G.
Provisions for boarders or roomers in any one dwelling.
H.
Residential yard pool rentals, residential yard pool parties, and/or residential yard pool oriented social gatherings advertised, marketed, or any in way communicated to the general public, for the purposes of business, commercial, or profit-making activities, which are intended to involve or invite public participation or public assembly.
§ 125-14.1 Dish-type antennas.
[Added 9-10-1985 by Ord. No. 5-85; amended 7-14-1999 by Ord. No. 8-99]
A.
Purpose. This section, entitled "Dish-type antennas," is intended to provide regulations, standards and procedures for the use, dimensions and placement of satellite dish antennas within the Borough of Oaklyn. The purpose of this provision is to promote the public health, safety, welfare, aesthetics and maintenance of a desirable visual environment as that term is used in N.J.S.A. 40:55D-2i. The right of a private property owner to use a satellite dish antenna is recognized, subject to the terms and conditions of this section. The regulations imposed by this section are intended to permit such use in harmony with the intent and purpose of the Borough's Zoning Code and Master Plan.
B.
Use. Satellite dish antennas, including structural supports, shall be permitted as an accessory use provided that the satellite dish antenna conforms to the requirements of this section. A satellite dish antenna is permitted as an accessory use only on a lot that contains a principal structure.
C.
Permits and approvals.
(1)
A building permit shall be required for the installation of any satellite dish antenna having a dish diameter greater than 24 inches.
(2)
Submission procedures. For any satellite dish which requires a building permit pursuant to Subsection C(1), a property owner shall submit an application and a plan to the Construction Official. The application and plan shall include the following information:
(a)
The location of the proposed satellite dish antenna.
(b)
Engineering drawings of the proposed satellite dish antenna demonstrating its method of support and its foundations.
(c)
The method of installation.
(d)
The materials to be used.
(e)
The height and diameter of the satellite dish antenna and related structures.
(f)
The location of all existing buildings and structures and all accessory buildings or structures on the lot, if any.
(g)
All existing and proposed plantings and/or fencing intended to provide screening.
(h)
The lot and block number(s) of the lot(s) from the Borough Tax Map and the length and bearings of the lot lines of the property in question.
(i)
Any and all information deemed necessary by the Zoning/Construction Official to meet any other requirements of this section not listed above.
D.
Design standards. Satellite dish antennas as accessory uses, shall be permitted as follows:
(1)
Satellite dish antennas having a dish diameter not more than 24 inches (small dishes):
(a)
May be located in any zoning district.
(b)
May be roof-mounted, building-mounted or ground-mounted.
(c)
If roof-mounted or building-mounted, the satellite dish antenna may not project more than three feet above the peak of a roof in the case of a peaked roof or more than three feet above the flat roof line in the case of a flat roof.
(d)
If ground-mounted, must be located in a rear or side yard.
(e)
If ground-mounted, must be placed on a pole.
(f)
If ground-mounted, must be set back from rear and side property lines at least six feet or the height from the ground to the highest point of the satellite dish antenna, whichever distance is greater.
(2)
Satellite dish antennas having a dish diameter greater than 24 inches but not more than 60 inches (large dishes):
(a)
May be located in any zoning district.
(b)
Must be ground-mounted only and located in a rear or side yard.
(c)
May not be located in any required buffer area.
(d)
Must be set back from rear and side property lines at least six feet or the height from the ground to the highest point of the satellite dish antenna, whichever distance is greater.
(e)
May not be pole-mounted.
(f)
Must be erected so that the bottom of the satellite dish antenna is no more than 13 inches above the ground.
(4)
Prohibited diameter. Any satellite dish antenna having a dish diameter greater than 60 inches is prohibited.
(5)
Exception to design standards. The design standards shall not apply to any public law enforcement apparatus, public safety apparatus or installations mounted within a fully enclosed principal building.
(6)
Screening. To the extent feasible given the location requirements of receiving antennas, any ground-mounted satellite dish antenna shall be screened so that it is not visible from a public right-of-way or an adjacent residential property at ground level. Screening may be by use of opaque fencing or shrubbery, or both.
(7)
Foundations. Any ground-mounted satellite dish antenna shall be erected on a secure ground-mounted foundation.
(8)
Construction. All satellite dish antennas shall be constructed to withstand wind velocities of at least 100 miles per hour and are subject to any additional construction requirements imposed under the New Jersey Uniform Construction Code.[1]
(9)
Reception. Satellite dish antennas shall be placed in such a manner so that they do not interfere with the reception of neighboring properties.
(10)
Any connection, whether electrical or otherwise, from a satellite dish antenna to the principal building or structure shall be by underground cable.
(11)
Any satellite dish antenna shall be used only by the occupants or residents of the principal building or structure on the subject premises. No connection shall be permitted, whether electrical or otherwise, to adjacent properties.
E.
Number.
(1)
Residential districts. There may be one small dish for each dwelling unit on a lot. In addition to the permitted small dishes, there may be no more than one large dish for each building on a residential lot.
(2)
Business district. There may be one small dish for each business use on a lot. In addition to the permitted small dishes, there may be no more than one large dish for each building on a lot.
F.
Fees. The fee for an application to erect a satellite dish antenna shall be as set forth in the Borough Fee Schedule, adopted by resolution of the Borough Council, on file in the Borough Clerk's office.
§ 125-14.2 Uses conditional in all zones.
[Added 5-8-2007 by Ord. No. 7-07; amended 4-13-2010 by Ord. No. 2-10; 3-11-2014 by Ord. No. 2-14]
A.
Handicapped ramps. The structures and uses listed below are specifically conditional uses and structures in all residential zones:
(1)
Ramps for access to the principal structure of the property for a physically handicapped person residing on the premises, which shall be removed within 60 days of the date when the physical handicap requiring the ramp no longer exists and/or the physically handicapped person no longer resides on the premises.
(a)
The zoning setback requirements fixing the minimum distance between construction and the front, rear and side property lines shall not apply to such ramps if, after inspection of the site, the Zoning Officer reports to the Planning Board, in writing, that:
(b)
Upon the filing of the written report with the Planning Board Secretary, the ramp may be constructed without a variance and may remain in the same location until 60 days of the date when the physical handicap requiring the ramp no longer exists and/or the physically handicapped person no longer resides on the premises.
B.
Wind and solar systems.
(1) SOLAR ENERGY SYSTEM SOLAR PANELS WIND ENERGY SYSTEM WIND TURBINE
Definitions. As used in this section, the following terms shall have the meanings indicated:
A solar energy system and all associated equipment which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.
A wind energy conversion system consisting of a wind turbine, associated poles/towers and support structures, and associated control or conversion of electronics, which has a rated capacity consistent with applicable construction codes, which will be used for on-site consumption, but not including large-diameter windmills.
Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
(2)
Wind energy systems and solar energy systems shall be permitted if the following conditions are met:
(a)
Wind applications:
[1]
Due to the nature of the small residential lot sizes associated with Oaklyn Borough, large-diameter, tall windmills shall not be permitted to be constructed in the Borough.
[2]
Wind generating systems shall be restricted to vertical-axis wind turbine technology.
[3]
Vertical-axis wind turbines shall meet the following criteria:
[a]
The system shall generate no more than 10 kilowatts of power per residential dwelling or commercial building nor be sized to generate more power than what is required by said structure.
[b]
Only one vertical-axis wind turbine per property shall be permitted. Multiple wind turbines on a single lot shall not be permitted.
[c]
A wind study prepared by a qualified individual shall be performed to verify that the property conditions will produce the intended power generation by the wind turbine being considered.
[d]
The size of the vertical-axis wind turbine shall be no more than 48 inches in diameter and 72 inches tall.
[e]
The height shall be restricted to 41 feet above the ground surface to the top of the wind turbine unit.
[f]
Support poles/towers and support foundations shall be designed by a licensed engineer in the State of New Jersey. In the event that a vertical-axis wind turbine unit is mounted to, or is constructed on top of, an existing dwelling or building, detailed calculations and engineering drawings of the mounting must be provided by a licensed engineer in the State of New Jersey. Cables shall be not be permitted to support towers, monopoles or roof-mounted units.
[g]
Setbacks:
[i]
No vertical-axis wind turbine support pole or tower shall be constructed in the front yard or side yard of any property.
[iii]
Support poles, towers and turbine units shall be factory finish, color to be approved by the reviewing board. No signs other than manufacturers' warning signs and labels shall be permitted.
[iv]
All units and unit installation shall be in accordance with all applicable state construction and electric codes, as well as the National Electrical Code. All units must be grid tied. All wiring must be concealed, under roof lines, below the roof deck structure or underground.
[v]
Noise energy levels shall not exceed 55 decibels at a common property line. These levels may be exceeded during short-term events such as utility outages and severe windstorms.
[4]
Submittal requirements:
[a]
All applications to the reviewing board must be accompanied by a plot plan which includes the following:
[i]
Current property survey prepared by a licensed professional surveyor in the State of New Jersey.
[ii]
Location of all structures on the property.
[iii]
Location of the proposed wind turbine tower or support pole.
[iv]
Right-of-way line and location of utility lines.
[v]
Wind system specifications, wind study and design calculations for turbine, pole, foundation, roof mounting, etc.
[5]
Additional requirements:
[a]
All electrical and structural design criteria shall meet the requirements of the State Uniform Construction Code. All ground-mounted wind energy systems shall not be artificially lighted except to the extent required by the FAA or other applicable authority.
[b]
Wind turbines contained in the wind energy system shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.
[c]
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
[d]
All moving parts of the wind energy system shall be a minimum of 10 feet above ground level.
[e]
The blades on the wind energy system shall be constructed of a corrosive-resistant material.
[f]
All guy wires or any part of the wind energy system shall be located on the same lot as the wind energy system.
[g]
The wind energy system shall remain painted or finished in the color or finish that was originally applied by the manufacturer unless a different color or finish is approved by the reviewing board. All components of the system shall be maintained in accordance with the most-current requirements maintained within the Property Maintenance Code and Uniform Construction Code adopted by the Borough of Oaklyn.
[h]
Wind energy systems shall comply with New Jersey's net metering and interconnection standards.
[i]
The applicant shall provide proof that it has met any and all New Jersey Board of Public Utility guidelines in connection with wind energy systems.
(b)
Solar energy systems:
[1]
Flat roof-mounted solar energy systems shall be permitted on residential dwellings. Solar panels mounted to the roof of garages and accessory structures will also be permitted. Structurally attached solar energy systems installed on a building with a sloped roof shall not project vertically above the peak of the roof and/or shall comply with the height regulations of the zone. Roof-mounted solar energy systems shall not exceed a height of three feet from the rooftop at any point. Structurally attached solar energy systems installed on a building with a flat roof shall not project vertically more than five feet above the roof and/or shall comply with the height regulations of the zone.
[2]
Freestanding or ground-mounted solar energy systems shall be considered a structure and shall be subject to the regulations of the zone for such, together with all other applicable building codes and ordinances. Ground-mounted or freestanding solar energy systems shall not be permitted to be constructed in the front yard of any property in any zone. The height of any ground-mounted or freestanding solar energy system shall not exceed six feet. Ground solar energy systems shall be located so that any reflection is directed away or is properly buffered from an adjoining property.
[3]
All of the rules and regulations of the Borough of Oaklyn regarding shade trees shall be met regarding the construction of solar energy systems. Tree clearing and/or removal will not be permitted for the construction of solar energy systems or to create a path to allow sunlight to reach the solar energy systems.
[4]
Solar energy systems may consist of photovoltaic cells, hot-water collector applications and hot-air applications.
[5]
Roof-mounted solar energy systems are discouraged from being erected on the front roof of a structure which faces a street. Solar energy systems shall be located on a rear- or side-facing roof, as viewed from any adjacent street, unless such installation is proven to be ineffective or impossible. The removal of potential obstructions, such as interceding vegetation, shall not be sufficient cause for permitting a front-facing installation. Front-facing installation may be permitted in accordance with the following provisions:
[a]
The applicant must indicate valid reasons as to why this is the only effective or possible means for utilizing solar energy on the property. Such information shall be certified by a professional deemed qualified by the Board and reviewed by the Borough Engineer and any other professional that the Borough deems necessary.
[b]
Solar panels must be flush mounted to the roof.
[6]
Solar energy system installations for generating electricity shall conform to the following criteria:
[a]
The solar energy systems shall generate no more than 10 kilowatts of power per residential dwelling or commercial building nor be sized to generate more power than what is required by said structure. All solar energy systems shall be grid tied.
[b]
A study, prepared by a qualified individual, shall be performed to verify that the property conditions will produce the intended solar power generation based on property location, surrounding structures, and building orientation. Solar ground-mounted or freestanding solar energy systems shall be set back a minimum distance of 20 feet from all property lines.
[c]
Solar energy systems shall be designed by a licensed engineer of the State of New Jersey. In the event that the solar energy system is to be mounted to, or is constructed on top of, an existing dwelling or building, detailed calculations and engineered drawings of the mounting must be provided by a licensed engineer of the State of New Jersey. Electric cables must be concealed below the roof line.
[d]
All units and unit installation shall be in accordance with all applicable state construction and electric codes, as well as the National Electric Code.
[e]
All wiring leading to and from the panels shall be installed below the roof structure or shall be installed underground.
(3)
Abandonment and removal of solar and wind energy systems.
(a)
Any solar or wind energy system permitted under this chapter which has not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal.
(b)
All support structures and structural enclosures accessory to the wind or solar energy system shall be completely removed from the property to a place of safe and legal disposal.
(c)
The former wind or solar energy site shall be restored to as natural condition within six months of the removal from the property.
(d)
Solar and wind energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from the property line.
(e)
The design of solar and wind energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the system into the natural setting and existing environment.
§ 125-14.3 Uses prohibited in certain zones.
[Added 12-27-2006 by Ord. No. 19-06]
The structures and uses listed below are specifically prohibited in the R-1 Single-Family Detached Residential and the R-2 Single-Family Detached Residential with Conditional Provision for Professional Offices Zones, which the Planning Board may authorize:
A.
Catteries, kennels, pet shops, pounds or shelters.
§ 125-14.4 Uses conditional in certain zones.
The structures and uses listed below are specifically conditional in B-I Commercial, E-1 Environmental, I-1 Institutional and I-2 Institutional Zones, which the Planning Board may authorize:
A.
Catteries, kennels, pet shops, pounds or shelters.
B.
Conditional use regulations in the White Horse Pike Redevelopment Area Overlay Zone:
[Added 7-13-2021 by Ord. No. 12-21; amended 5-11-2022 by Ord. No. 08-22; 10-11-2022 by Ord. No. 15-22]
(1)
Conditional uses.
(a)
Alternative treatment centers which are authorized to grow and provide registered qualifying patients with usable marijuana and related paraphernalia (including cultivation, manufacturing, and/or dispensing of medical marijuana), in accordance with the provisions of the New Jersey Compassionate Use Marijuana Act, N.J.S.A. 24:6I-1 et seq., provided the following conditions are met:
[1]
No alternative treatment center shall be located within 200 feet of any property used for school purposes or which is owned by or leased to any licensed preschool program, elementary school secondary school or school board (a "school use"). For the purposes of measuring the buffer distances mandated herein, the measurement shall begin at the outer boundaries or lot lines of the respective school use, residential zoning district or similar facility and the proposed alternative treatment center.
[2]
No alternative treatment center shall be located within 200 feet of another similar facility (i.e., alternative treatment center or cannabis facility).
[3]
Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12.
[4]
A site plan application has been made for the lot, and the Planning/Zoning Board has approved such conditional use, and the requirements and conditions of site plan/conditional use have been met.
[5]
The proposed facility shall be so located and of such size and character that, in general, it shall be in harmony with the existing development in the general area in which it is proposed to be situated, and the use shall be free of nuisance characteristics detectable to normal senses beyond the boundaries of the property (including noise, vibration, dust, odor and sanitation).
[6]
In addition to the above:
[a]
The location, size, activity, site layout, street access, pedestrian and vehicular movement, with compliant, off-street parking facilities being harmonious with surrounding land uses.
[b]
The location and height of buildings, fences and landscaping shall not discourage the appropriate development and use or materially affect property values of the adjacent properties.
[c]
The proposed facility will create and make available to the public an email address specifically designated for public complaints and questions.
[d]
The proposed facility will make its best efforts to employ residents of the Borough of Oaklyn.
[7]
Hours of operation shall be restricted to 10:00 a.m. to 9:00 p.m., Mondays through Saturdays, and 12:00 noon to 5:00 p.m. on Sundays.
[8]
Use or consumption in any manner of marijuana is not permitted on the premises of any medical marijuana dispensary at any time. No outside purchases may be consumed on the premises, nor shall consumption be permitted in any public place, including Borough Parks, organized sports recreation facilities and any other municipal facility or Borough-owned property.
[9]
Persons under the age of 21 years of age are not permitted to be on the premises of any medical marijuana dispensary at any time unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian.
[10]
Advertisements, displays of merchandise, signs or any other exhibit depicting the activities of the dispensary placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such building or premises.
[11]
Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to a dispensary, including, but not limited to, prerecorded or live music or sounds, are prohibited.
[12]
There shall be no more than a total of two alternative treatment centers and/or cannabis facilities in the Borough of Oaklyn.
(b)
Cannabis facility, involving the sale of marijuana and related paraphernalia for recreational purposes to members of the general public, pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31 et seq., provided the following conditions are met:
[1]
No cannabis facility shall be located within 200 feet of any property used for school purposes or which is owned by or leased to any licensed preschool program, elementary school secondary school or school board (a "school use"). For the purposes of measuring the buffer distances mandated herein, the measurement shall begin at the outer boundaries or lot lines of the respective school use, residential zoning district or similar facility and the proposed.
[2]
No cannabis facility shall be located within 200 feet of another similar facility (i.e., alternative treatment center or cannabis facility).
[3]
Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12.
[4]
A site plan application has been made for the lot, and the Planning/Zoning Board has approved such conditional use, and the requirements and conditions of site plan/conditional use have been met.
[5]
The proposed facility shall be so located and of such size and character that, in general, it shall be in harmony with the existing development in the general area in which it is proposed to be situated, and the use shall be free of nuisance characteristics detectable to normal senses beyond the boundaries of the property (including noise, vibration, dust, odor and sanitation).
[6]
In addition to the above:
[a]
The location, size, activity, site layout, street access, pedestrian and vehicular movement, with compliant, off-street parking facilities being harmonious with surrounding land uses.
[b]
The location and height of buildings, fences and landscaping shall not discourage the appropriate development and use or materially affect property values of the adjacent properties.
[c]
The proposed facility will create and make available to the public an email address specifically designated for public complaints and questions.
[d]
The proposed facility will make its best efforts to employ residents of the Borough of Oaklyn.
[7]
Hours of operation shall be restricted to 10:00 a.m. to 9:00 p.m., Mondays through Saturdays, and 12:00 noon to 5:00 p.m. on Sundays.
[8]
Use or consumption of marijuana is not permitted on the premises of an authorized recreational cannabis retail facility, nor shall consumption be permitted in any public place, including Borough parks, organized sports recreation facilities and any other municipal facility or Borough-owned property.
[Amended 5-9-2023 by Ord. No. 05-23]
[9]
Persons under the age of 21 years of age are not permitted to be on the premises of any cannabis facility at any time unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian.
[10]
Advertisements, displays of merchandise, signs or any other exhibit depicting the activities of the dispensary placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such building or premises.
[11]
Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to a dispensary, including, but not limited to, prerecorded or live music or sounds, are prohibited.
[12]
There shall be no more than a total of two alternative treatment centers and/or cannabis facilities in the Borough of Oaklyn.
§ 125-15 Fences.
A.
Fence height.
[Amended 8-9-1983 by Ord. No. 11-83; 11-9-1994 by Ord. No. 16-94; 12-10-1996 by Ord. No. 12-96; 5-9-2000 by Ord. No. 7-00; 4-8-2014 by Ord. No. 9-14]
(1)
Fences constructed on residential uses shall not exceed four feet in height, or five feet in height in those yards surrounding a swimming pool, as defined in § 125-3 of this chapter. The authorization so granted in this section expires upon the removal of the swimming pool, or failure to install and/or construct said swimming pool within one month of the issuance of a permit pursuant to § 125-15B of this chapter.
(2)
The Planning Board may authorize as a conditional use a fence to a maximum of six feet in height in those yards surrounding a swimming pool, as defined in § 125-3 of this chapter. The authorization so granted by the Planning Board will expire upon the removal of the swimming pool, or failure to install and/or construct said swimming pool within six months of the authorization being granted by the Planning Board.
(3)
No fences shall extend beyond the setback line on the property as set forth by this chapter or beyond the actual setback of the houses on the particular street. Any existing fence that does not comply with this chapter may remain, but the replacement of the existing fence must comply with this chapter.
B.
A building permit shall be required prior to any construction of any fence.
C.
Whenever a natural barrier is utilized as a fence or a separation between lots or areas, including, but not limited to, hedges, boxwood and upright and spreading yews, said natural barrier shall be maintained at the same height as is permitted for constructed fences under § 125-15A of this chapter.
[Added 4-13-1982 by Ord. No. 5-82]
D.
On any lot, fences shall be erected with the framework or supporting structure facing the inside of the lot, that is, with the finished side of the fence facing the exterior of the lot on which the fence is located.
[Added 2-14-2008 by Ord. No. 1-08]
E.
Except for natural barriers, fences must be made of durable material, including but not limited to chain link, wood and vinyl, and must be anchored in a safe, secure manner. Fences made of temporary, light material and/or inappropriately anchored fences are not permitted. A fence must, at a minimum, be able to support a fifty-pound weight load at any point on the fence.
[Added 4-13-2010 by Ord. No. 2-10; amended 6-7-2010 by Ord. No. 9-10
§ 125-15.1 Accessory structures.
[Added 11-10-2015 by Ord. No. 14-15]
A.
Accessory structures as part of principal buildings. Porches, raised decks and accessory structures attached to the principal structure shall be considered part of the principal structure, and the total structure shall adhere to the yard requirements for the principal building. All accessory buildings or structures must be located behind the footprint of the existing dwelling.
B.
Accessory structures shall include, but not be limited to, detached garages, sheds, pole barns, carports, swimming pools, tennis courts, and other accessory structures attached and/or not be attached to the principal building.
§ 125-15.2 Cannabis.
[Added 7-13-2021 by Ord. No. 10-21]
A.
Pursuant to Section 31(b) of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), cannabis retail establishments referred to as Class 5 and Class 6 businesses in the statute, subject to the provisions of Chapter 125 of the Code of the Borough of Oaklyn, are permitted to operate in the Borough of Oaklyn; and
B.
Pursuant to Section 31(b) of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), cannabis establishments, cannabis distributors or cannabis delivery services referred to as Class 1, Class 2, Class 3 and Class 4 businesses in the statute, are hereby prohibited from operating anywhere in the Borough of Oaklyn, except for the delivery of cannabis items and related supplies by a delivery service.