Phillipsburg City Zoning Code
ARTICLE IV
General Provisions
§ 625-7 Area.
Every part of a required yard shall be open and unobstructed from its lowest level or, in the case of stoops and terraces, from the first floor level to the sky.
§ 625-8 Lot, yard and area requirements.
For each zone so designated and for all structures permitted therein, the standards and requirements as specified in the schedule of lot, yard and area requirements in Article XVII are herewith enacted and established and shall apply as follows:
A.
Principal building. Only one principal structure may be erected on a lot, except for accessory structures.
B.
Every lot shall meet the minimum requirements for lot frontage, lot area and lot area per dwelling unit, as specified by the provisions of the Zoning Ordinance herein and the Schedule of Area, Lot and Bulk Requirements.[1] (See Article XVII.)
[1]
Editor's Note: The Schedule of Area, Lot and Bulk Requirements is included at the end of this chapter.
C.
No buildings or structures shall exceed the maximum building height or the maximum percentage of impervious coverage of the lot, as specified.
D.
Every structure used for residential purposes shall meet the minimum required net floor area for each dwelling unit contained therein.
E.
On every lot there shall be a front yard or setback with a minimum depth, as specified; a rear yard with a minimum depth, as specified; and side yards with minimum dimensions, as specified.
(1)
However, in all residential zones (R-75 and R-50) the provisions governing front yards or setbacks may be relaxed where the average front yard depth or setback distance of existing residential structures, on the same side of the street and within 200 feet of the lot in question, is less than the required minimum, as specified in Article XVII. In such case, the front yard or setback distances on such lot shall be the same as such average distance.
(2)
If the width of the corner lot exceeds the minimum width specified for the district, the width of a yard abutting a roadway shall be increased by such excess, but need not exceed the required front yard setback.
F.
Every dwelling structure shall be built upon a lot facing a public street. The rear yard depth of the lot shall exceed the front yard setback.
G.
The area of a garage in a residential structure shall not exceed 30% of the gross floor area of the residential structure.
H.
Trailers for the purpose of occupancy are prohibited in every zone.
I.
Porches, when roofed permanently and regardless of enclosure, shall not extend into the required minimum front or side yards and shall be included in the aggregate building area computed for coverage. Existing open nonconforming porches may be enclosed.
§ 625-9 Fences.
A.
In all zones except I-1 and I-2, no fence or wall hereafter erected, altered or reconstructed in a front yard shall exceed four feet in height above the adjacent ground level.
B.
In all zones except I-1 and I-2, no fence or wall hereafter erected, altered or reconstructed in any side or rear yard shall exceed seven feet in height above the adjacent ground level.
C.
No hedges may exceed four feet in height across the front yard.
§ 625-10 Corner lots.
A.
All residential corner lots shall have a twenty-five-foot setback on all sides abutting the roadway.
[Amended 9-5-1995 by Ord. No. O:95-32]
B.
At the intersection of two or more streets, no fence, hedge or wall, other than a single post or tree, shall exceed one square foot in cross section which is higher than 30 inches above curb level, nor shall any obstruction to vision be permitted.
§ 625-11 Outdoor storage.
A.
Placement of wares.
[Amended 7-20-1993 by Ord. No. O:93-14; 2-15-1994 by Ord. No. O:94-7]
(1)
The outdoor placement of wares for sale by any merchant shall be permitted on the sidewalk immediately adjacent to the building housing the business, provided that:
(a)
Wares for sale are not displayed along the curb.
(b)
Such wares do not protrude more than three feet from the structure housing the business. However, said three feet shall be measured from the front wall of the structure and not from the steps, stoop or porch.
(c)
Any display adjacent to the front of the building or wares set out for sale within the permitted area shall be no higher than three feet, with the exception of individual items for sale which may have a height in and of themselves exceeding three feet.
(d)
Where the width of the sidewalk measured from building to curb is under nine feet, the display or location of any wares may not protrude from the building by more than 25% of the actual sidewalk width.
(e)
All merchandise displayed by a merchant for sale must be contained within a showcase, rack or stand. Vending machines may likewise be placed immediately adjacent to the front of a commercial structure.
(2)
Said material so stored shall be kept in an orderly manner at all times, and such material shall not include any discarded or abandoned articles. No outside storage of junk, scrap, recyclables or parts of waste products shall be permitted.
B.
In residential zones, no front yard shall be used for open storage of boats, vehicles or any other equipment, except for three-fourths ton or less vehicular parking on driveways.
C.
Excepting the outdoor storage of live plants, not more than 50% of any rear yard shall be devoted to outdoor storage or display.
D.
No commercial or industrial supplies, material or equipment may be stored anywhere in residential zones. (See open storage in Business and Industrial Zones.)
§ 625-11.1 Medical marijuana alternative treatment center.
[Added 11-20-2018 by Ord. No. O:2018-37]
A. ACT ALTERNATIVE TREATMENT CENTER (ATC) or MEDICAL MARIJUANA ALTERNATIVE TREATMENT CENTER MARIJUANA MARIJUANA LICENSEE MEDICAL MARIJUANA BUSINESS MEDICAL MARIJUANA CULTIVATION CENTER or CULTIVATION CENTER MEDICAL MARIJUANA DISPENSARY or DISPENSARY MEDICAL MARIJUANA MANUFACTURING FACILITY MEDICAL MARIJUANA PROGRAM or "MMP" MEDICAL USE OF MARIJUANA PARAPHERNALIA PERMIT PERMITTING AUTHORITY USABLE MARIJUANA VERTICAL INTEGRATION
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
The New Jersey Compassionate Use Medical Marijuana Act, P.L. 2009, c. 307 (approved January 18, 2010), codified at N.J.S.A. 24:6I-1 et seq.
An organization authorized through licensure issued by the NJ State Department of Health and the Board of Medical Examiners to perform activities necessary to provide registered qualifying patients with usable marijuana and related paraphernalia in accordance with the provisions of the Act. For the purposes of zoning, an ATC is the interface between provider and patient and is synonymous with a medical marijuana dispensary. Cultivation and manufacturing, unless within the same structure or property as a dispensary, shall be treated as a separate use category though it may be part of the license issued by the state for a single entity.
The definition as provided in section 2 of the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (effective January 17, 1971), codified N.J.S.A. 24:21-1 et seq.
Any person licensed or registered pursuant to the Act.
Encompasses all components of the industry as is consistent with the Act. Accordingly, it shall mean any business involved in cultivating, manufacturing, distribution, sales, or testing of medical marijuana.
A building, structure, or premises used for the cultivation or storage of medical marijuana. Includes the planting, propagating, cultivation, growing, harvesting, labeling or manufacturing, compounding and storing of medicinal marijuana for the limited purpose of this chapter. A cultivation center may be physically separate and off-site from the associated licensee's ATC medical marijuana dispensary. When connected to, or part of, the same property by which an ATC dispenses from, it is considered part of the ATC. This includes greenhouses, commercial/industrial warehouse setups, hydroponic systems, etc.
An ATC facility that acquires, possesses, sells, distributes, transmits, gives, dispenses, or otherwise provides medical marijuana to qualifying patients.
Facility involved with compounding, making, and processing of medical marijuana in all forms including those that involve food handling.
The program within the Department of Health, which is responsible for the administration and implementation of activities related to the Act.
The acquisition, possession, transport or use of marijuana or paraphernalia by a registered qualifying patient as authorized by the Act.
The definition as provided in N.J.S.A. 2C:36-1.
The documents issued by the Department of Health pursuant to this chapter granting the legal right to operate as an alternative treatment center for a specified time.
The Medicinal Marijuana Program within the Department of Health, which the mailing address is P.O. Box 360, Trenton, NJ 08625-0360.
The dried leaves and flowers of the female marijuana plant, and any mixture or preparation thereof, but does not include the seedlings, stems, stalks, or roots of the plant.
The co-location or combination of the following activities related to the production of usable marijuana for qualifying patients within a single corporate entity: cultivation, manufacturing, and dispensing.
B.
Limitation on alternative treatment dispensaries within the Town.
(1)
The number of alternative treatment center dispensaries permitted within the Township is based on population. A maximum of one alternative treatment center shall be permitted for every 5,000 people or fraction thereof. Population shall be determined by the most recent data available from the U.S. Census Bureau and the NJ State Department of Labor, Bureau of Statistics.
(2)
Distance between alternative treatment center dispensaries and drug-free school zones. ATCs shall be located at a minimum of 1,000 feet from drug-free school zones as defined in the statute. Measurement to be conducted in a straight line from the nearest property line of the land used for the school to the nearest portion of the building in which the medical marijuana center is located. Cultivation and manufacturing facilities are not subject to this provision provided that the site is:
(a)
Not located directly on a street frontage or immediately adjacent to the school site (i.e., in an industrial area that may encroach the 1,000-foot buffer but is not located within direct view from the school grounds).
(b)
It is a fully secured facility and does not contain a dispensary or have public access.
(c)
Signage for the facility shall remain innocuous and part of the general directional signage typically found in industrial manufacturing facilities only. Facade signs will be limited to those at the point of entry to the facility and may not be more than six square feet.
(d)
Secured in accordance with all applicable provisions as defined in the Act and outlined in Subsection J below.
(e)
No marketing or advertisement of the site.
(f)
No signage other than directional or discrete building identification shall be permitted; unusual odors, smells, fragrances or other olfactory stimulants shall be prohibited; light pollution, glare or brightness resulting from glow lamps must be 0.5 footcandles or less at the property line; noise beyond X decibels[1] from ventilation fans shall be prohibited.
[1]
Editor's Note: As in original.
(3)
Distance between alternative treatment centers. No ATC shall be located within 1,500 feet from any other alternative treatment center, which shall be measured in a straight line from the nearest portion of the building in which the center is proposed to be located to the nearest portion of the building in which the other center or the retail marijuana store is located. Standalone cultivation and manufacturing uses are not included within this prohibition as long as the following conditions are met.
(a)
There is no dispensary component to the facility.
(b)
It is a fully secured facility and does not contain a dispensary or have public access.
(c)
Signage for the facility shall remain innocuous and part of the general directional signage typically found in industrial manufacturing facilities only. Facade signs will be limited to those at the point of entry to the facility and may not be more than six square feet.
(4)
In the event more than one land use application for an alternative treatment center, cultivation or manufacturing facility of the same classification are submitted to the Town in close proximity to one another, and if the applications comply with all the requirements of this chapter and the NJ State Department of Health and the Board of Medical Examiners, the Town is not permitted to approve all of the applications because of the limitations set forth in this subsection. The Town shall first review for approval the application that was first submitted and determined to be a complete and compliant application by the Town Planner, or Zoning Officer.
(5)
The distance restrictions shall not apply to any location where the director previously issued a medical marijuana license under the Compassionate Care Act, a licensed dispensary commenced operations at the subject location, and a licensed medical marijuana dispensary or center has existed in continuous operations at the subject location since the time of original licensing.
C.
Permitted locations.
(1)
Alternative treatment center (dispensaries). Alternative treatment center dispensaries only shall be permitted to be located within the following zones in accordance with this chapter and the redevelopment plans where applicable. For all properties, adherence to the site design standards of the Town Land Development Ordinances and redevelopment plans through a review by the Zoning Official and Phillipsburg Town Council (Redevelopment Agency), where applicable, is required. Issuance of zoning permit and/or site plan approval is required. Zones permitted include:
(2)
Vertical alternative treatment center (dispensaries/cultivation and manufacturing) facilities. Vertical alternative treatment centers include dispensary, cultivation and manufacturing. Accordingly, they shall be permitted to be located within the following zones in accordance with this chapter and the redevelopment plans where applicable. For all properties, adherence to the site design standards of the Town Land Development Ordinances and redevelopment plans through a review by the Zoning Official and Phillipsburg Town Council (Redevelopment Agency) where applicable is required. Issuance of zoning permit and/or site plan approval is required. Zones permitted include:
(3)
Standalone cultivation, manufacturing, and/or testing facilities. Standalone cultivation, manufacturing and/or testing facilities shall be permitted to be located within the following zones in accordance with this chapter and the redevelopment plans where applicable. For all properties, adherence to the site design standards of the Town Land Development Ordinances and redevelopment plans through a review by the Zoning Official and Phillipsburg Town Council (Redevelopment Agency) where applicable is required. Issuance of zoning permit and/or site plan approval is required. Zones permitted include:
(a)
I-1 Zone.
(b)
I-2 Zone.
(c)
District 1 Riverside Redevelopment Area.
Additionally, standalone cultivation, manufacturing and/or testing facilities are not permitted along major road frontages within these zones unless accompanied by a retail dispensary or other active retail along the street frontage.
D.
Restrictions on mobile facilities and delivery of marijuana products to patients. No such services shall be permitted unless expressly permitted by the NJ State Department of Health and the Board of Medical Examiners pursuant to the type of licensure the facility processes.
E.
Operation. ATC dispensaries shall limit their hours of operation to 8:00 a.m. to 10:00 p.m., Monday through Sunday, or as otherwise provided in the special use permit.
F.
Operation of multiple businesses at a single location. A person may operate any medical marijuana business permitted by this section as long as long as it is in full compliance with the requirements of the NJ State Department of Health and the Board of Medical Examiners and Town Land Development Ordinances. Multiple licenses are not permitted.
G.
Specific requirements for alternative treatment centers.
(1)
The cultivation of medical marijuana plants shall not be permitted on exterior portions of a lot. The cultivation, production or possession of marijuana plants within a building or unit must not be perceptible from the exterior of the building or unit from a street or residential use. Such use shall adhere to the bulk standards of the underlying zoning.
(2)
Samples of medical marijuana products offered for sale may be displayed on shelves, counters and display cases. All bulk marijuana products shall be locked within a separate vault or safe (no other items in this safe), securely fastened to a wall or floor, as approved by the Phillipsburg Police Department.
(3)
An alternative treatment center may sell "marijuana paraphernalia" as that term is defined pertains to patients only and shall be exempt from the prohibitions contained in any other section of the Zoning Code.
(4)
You must have an active MMP Identification Card from the NJ Department of Health in order to enter any alternative treatment center.
(5)
No person without a MMP card is permitted to pick up a prescription.
(6)
Alternative treatment centers must limit signage to text on external signage, labeling, and brochures. Use of graphics shall be limited to the logo for the business so long as it does not include a cannabis plant leaf and outward glorification of marijuana consumption.
(7)
All Town sign regulations must be complied with.
(8)
Alternative treatment center signage shall not display on the exterior of the facility or windows advertisements for medicinal marijuana or a brand name except for purposes of identifying the building by the permitted name.
H.
Security and reporting. Security systems must be in place, along with a 24/7 recording system that records for a minimum thirty-day archive. This system shall be shared with local law enforcement via web browser. Outside areas of the premises and the perimeter shall be well lit. Town law enforcement feet of the premises shall be provided the name and phone number of a staff person to notify during suspicious activity during or after operating hours. Security staff is required on the premises during all hours of operation. Additionally:
I.
Specific requirements for a medical marijuana cultivation premises. If co-located with a medical marijuana cultivation premises, the area of the proposed licensed marijuana premises utilized for cultivation shall be physically separated from the area of the premises open to the public or to patients. Walls, barriers, locks, signage and other means shall be employed to prevent the public or patients from entering the area of the licensed marijuana premises utilized for cultivation of marijuana.
J.
No products to be visible from public places. Marijuana plants, products, accessories, and associated paraphernalia contained in any medical marijuana business shall not be visible from a public sidewalk, public street or right-of-way, or any other public place. Onsite storage of usable marijuana shall comply with 21 CFR 1301.72.
K.
No beer or alcohol on premises. No fermented malt beverages and no alcoholic beverages, shall be kept, served or consumed on the premises of a medical marijuana business.
L.
Storage of products. All products and accessories shall be stored completely indoors and on site.
M.
Consumption of marijuana prohibited. No consumption or smoking of any medical marijuana products shall be allowed or permitted on the premises or adjacent grounds of a medical marijuana business.
N.
Storage of currency. All currency over $1,000 shall be stored within a separate vault or safe (no marijuana in safe), securely fastened to a wall or floor, as approved by the Phillipsburg Police Department.
O.
Prevention of emissions and disposal of materials.
(1)
Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting the business premises shall be provided at all times. In the event that any debris, dust, fluids or other substances shall exit the business premises, the property owner and operator shall be jointly and severally responsible for the full cleanup immediately.
(2)
Businesses shall properly dispose of all materials and other substances in a safe and sanitary manner in accordance with state regulations.
(3)
As applicable, medical marijuana businesses shall be equipped with ventilation systems with carbon filters sufficient in type and capacity to eliminate marijuana odors emanating from the interior to the exterior of the premises discernible by reasonable persons. The ventilation system must be inspected and approved by the Construction Official.
(4)
If carbon dioxide will be used in any cultivation area, sufficient physical barriers or a negative air pressure system shall be in place to prevent carbon dioxide from moving into the ambient air, into other units in the same building or into an adjacent building in a concentration that would be harmful to any person, including persons with respiratory disease and shall be inspected and approved by the Construction Official and the Fire Marshall.
(5)
All state regulations concerning ventilation systems shall be followed.
P.
Compliance with other codes. Any medical marijuana business and the adjacent grounds of the medical marijuana business shall comply with all zoning, health, building, fire, and other codes and ordinances of the Town as shown by completed inspections and approvals by the Town Planner, Construction Division, Fire Safety Division, and the Phillipsburg Health Department, if applicable.
Q.
No harm to public health, safety or welfare. The licensed marijuana premises and adjacent grounds of a medical marijuana business shall be operated in a manner that does not cause any substantial harm to the public health, safety and welfare.
R.
Additional requirements. Site plan approval required. At the time site plan approval is granted, amended, or a major change to a medical marijuana business is approved, the Town may impose on the applicant reasonable conditions related to the proposed use that is necessary to protect the public health, safety or welfare, including but not limited to the following:
(1)
Additional security requirements;
(2)
Limits and requirements on parking and traffic flows;
(3)
Requirements for walls, doors, windows, locks and fences on the licensed marijuana premises and adjacent grounds;
(4)
Limits on medical marijuana products that may be sold;
(5)
Requirements and limits on ventilation and lighting;
(6)
Limits on noise inside the licensed premises or on the adjacent grounds;
(7)
Prohibitions on certain conduct in the medical marijuana business;
(8)
Limits on hours of operation.
S.
Penalty for violation. Any violation of the provisions of this section or the conditions of the zoning permit granted, by a medical marijuana business shall be punishable by a civil fine of up to $1,000. Each day that a violation is committed, exists or continues shall be deemed a separate and distinct offense. In addition, any violation of the provisions of this section or any conditions imposed by the zoning permit may result in the revocation of the zoning permit.
T.
Marijuana licensing. Application and license fees for retail marijuana stores, retail marijuana cultivation facilities, retail marijuana products manufacturers, and retail marijuana testing facilities, retail marijuana transporters, and retail marijuana off-premises storage facilities are as follows:
§ 625-12 Buffer strips, screening and landscaping.
A.
Buffer strips. Whenever a buffer strip has been specified by this chapter or may be required by the Planning Board or Board of Adjustment,[1] such buffer strip shall be of the width so specified or required and shall comply with the following requirements:
(1)
The buffer shall be landscaped by the planting of grass and/or ground cover, shrubs and trees. A minimum of two shrubs and one tree shall be provided for each 500 square feet of area or fraction thereof of the buffer strip. If the buffer strip is naturally wooded in its entire width, it shall remain in its natural condition in place of the required shrubs and trees.
(2)
The buffer shall not contain parking area or driveways unless specifically permitted elsewhere in this chapter, nor shall it contain other accessory structures or uses except for decorative purposes or passive recreational purposes.
(3)
It shall be the responsibility of the property owner to maintain any plantings in the buffer area and to replace them if they are destroyed or die.
[1]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014, dissolved the Zoning Board of Adjustment and vested the Planning Board with the powers and duties and functions of the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-25(c)(1).
B.
Screening. Wherever screening has been specified by this chapter or as may be required by the appropriate Board, such screening, unless otherwise required, shall extend to the lesser of the required minimum front yard setbacks of the lot to be screened and shall, as a minimum, consist of dense hedges of deciduous and at least 50% evergreen shrubbery, planted at 30 inches on center in a single row or at five feet on center in each of two staggered rows. Plants shall be a minimum of four feet tall at the time of planting or, if the Planning Board so approves:
C.
Landscaping. All areas of any lot not occupied by buildings, pavement or other surfacing or otherwise improved or used in accordance with an approved site plan or subdivision shall be landscaped by the planting of grass and/or ground cover, shrubs and trees. The placement of the plant material shall be appropriate to enhancement of the property.
§ 625-13 Landfill.
Landfills, except municipal landfills, are prohibited in the Town of Phillipsburg.