Rahway City Zoning Code
ARTICLE VII
Conditional Uses
§ 421-54 Requirements for conditional uses.
The following uses, if permitted as conditional uses in a specific zone, shall conform to the terms and conditions as specified herein.
§ 421-55 Community residences for more than six but not more than 15 persons.
In the R-1 Low-Density Single-Family Residential Zone, the R-2 Medium-Density Single-Family Zone and the R-3 Low-Rise Multifamily Residential Zone, community residences for more than six but less than 15 persons as defined herein shall be permitted subject to the following conditions:
A.
The area, yard and building requirements as specified shall be met.
B.
The off-street parking requirements shall be met.
C.
If the number of persons other than the resident staff resident at existing such community residences within the City of Rahway exceeds 50 persons, then the community residence shall not be located within 1,500 feet of another existing community residence.
§ 421-56 Utility installations.
In the O-R Office-Research Zone, the I-L Light Industrial Zone and the I-H Heavy Industrial Zone, utility installations shall be permitted subject to the following conditions:
A.
A statement setting forth the need and purpose of the installation shall be filed along with the application.
B.
Proof shall be furnished to the reviewing agency that the proposed installation in a specific location is necessary and convenient for the efficiency of the utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located; further provided that the design of any building in connection with such facility conforms to the general character of the zone and will in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located, that adequate and attractive screening and buffering and other safety devices will be provided and will be periodically maintained.
C.
All other bulk, area and yard requirements for the zone in which the use is to be located shall be met.
§ 421-57 Two- and three-family uses and accessory apartments on lots fronting on West Grand Avenue between St. George's Avenue and Elizabeth Avenue.
In the R-2 Low-Density, Single-Family Residential Zone, only on lots which front on West Grand Avenue between St. George's Avenue and Elizabeth Avenue, two- and/or three-family residences or accessory apartments within a single-family home shall be permitted subject to the following conditions:
A.
The residential building shall retain the appearance of a single-family dwelling.
B.
Each dwelling unit or accessory apartment shall be reasonably separated and self-sufficient with its own entrance, and separate sleeping, sanitary and cooking facilities.
C.
Reasonable provision shall be made to the satisfaction of the Building Inspector and firesafety official that emergency egress for all intended occupants has been provided in the event of an emergency.
D.
The applicant shall provide credible evidence that sufficient parking spaces have been provided or are available for the overnight parking of vehicles of prospective tenants.
E.
A minimum of 350 square feet of space shall be provided for one-room studio or efficiency units with 150 square feet of space for each additional bedroom within the same dwelling unit.
F.
No borders shall be permitted to occupy such units, nor shall any portion of the space within the unit be sublet or rented out for any period of time.
G.
No home occupation or home professional occupation shall be permitted in conjunction with any accessory apartment or two- or three-family residential unit.
§ 421-58 Home professional offices.
In the R-2 Medium-Density Single-Family Zone only, on lots which front directly on Grand Avenue, Hazelwood Avenue, Milton Street, St. George's Avenue, Scott Avenue and Westfield Avenue, home professional offices shall be permitted subject to the following conditions:
A.
The office is part of or within the principal dwelling and occupies no more than 40% of the gross floor area of the dwelling.
B.
The professional conducting the practice shall also be the resident occupying the dwelling.
C.
There shall be no alteration or exterior feature which changes or modifies the residential character or appearance of the dwelling.
D.
The practice shall be conducted entirely indoors and there shall be no display of goods or advertising other than a sign as permitted in Section 9 of the Site Plan Review Ordinance.
E.
Sufficient on-site parking shall be provided for the employees, visitors and clients of the professional, in addition to the residents occupying the residential portion of the structure.
F.
No more than two full-time employees or the part-time equivalent thereof other than the professional residing therein shall be permitted.
§ 421-59 Residential health care facility.
In the R-2 Medium-Density Single-Family Residential Zone, a residential health care facility shall be permitted subject to the following conditions:
A.
The lot, height and area requirements shall be met.
B.
In addition to the setback requirements, a buffer strip of 15 feet in width shall be located adjacent to any adjoining property used for single-family residential purposes.
C.
No common driveway or access point shall be located within 35 feet of an adjoining residential property line.
D.
No off-street loading or delivery area or principal building shall be located within 100 feet of a residential building on an adjoining lot. Such loading area shall be effectively screened from view of the adjoining properties.
E.
No more than one van, truck, bus or mini-bus shall be parked overnight on the premises.
G.
All buildings shall be designed to complement the residential character of the neighborhood in which the property is located in terms of facade materials, roof pitch and materials, window and door placement, and shall avoid a commercial or institutional appearance.
H.
Open space, sitting or outdoor recreational areas shall be provided on site. Required buffer areas shall not be utilized for this purpose.
§ 421-60 Automotive uses.
Wherever conditionally permitted, automotive uses as defined herein shall be permitted subject to the following regulations:
A.
The minimum lot size and frontage requirements and maximum coverage requirements shall be as follows:
Type of Use* | Minimum Lot Size (sq. ft.) | Minimum Frontage (feet) | Maximum Building Coverage | Maxium Lot Coverage | |
|---|---|---|---|---|---|
Automobile gasoline station | 20,000 | 150 | 15% | 75% | |
Automobile service station | 40,000 | 200 | 15% | 75% | |
Automobile repair garage | 80,000 | 200 | 45% | 85% | |
Automobile sales | 40,000 | 200 | 15% | 75% | |
Automobile sales and service | 80,000 | 200 | 25% | 75% |
* Editor's note: For automobile washes, see Subsection O below. |
B.
Setbacks. For all of the automotive uses in Subsection A above, the front setbacks shall be not less than 40 feet. The side and rear setbacks shall be not less than 15 feet, except where one of the yards adjoins a residential zone. Where a yard adjoins a residential zone, the automotive use shall maintain not less than a twenty-five-foot side or rear yard.
C.
Canopies. A cantilevered cover or canopy may be permitted to extend into the front yard, provided that it is at least 25 feet from the front property line and 25 feet from any residence zone.
D.
Curb cuts and driveways.
(1)
On a corner lot, a driveway shall be at least 25 feet from the street intersection as measured along the property line.
(2)
Driveways shall be no less than 25 feet and no more than 30 feet wide. The driveway shall be flared or slanted at the curbline to facilitate auto ingress and egress.
(3)
Curb cuts shall be no less than 10 feet from any adjacent property line.
(4)
Any two driveways giving access to a single street shall be separated by a curbed island of at least 20 feet.
(5)
A raised curb of at least six inches in height shall be provided along the street property lines, except for driveway openings.
(6)
There shall not be more than two curb cuts providing access to any one street.
E.
Signs.
(1)
Freestanding sign. One freestanding sign shall be permitted, provided that the aggregate area of all sides of the sign shall not exceed 75 square feet.
(2)
Facade sign. Facade signs shall be allowed on front or side facades so as not to exceed 15% of the square footage of the facade on which it is located.
(3)
Other signs. Other signs that may be required by state or federal law shall be allowed, but no other advertising signs shall be permitted.
F.
Lighting. All lighting shall be so designed, arranged and installed as to reflect all light down and away from adjoining properties.
G.
Pavement. All parking, access and driveway areas shall be paved with a permanent surface, such as macadam, with proper drainage so as not to affect adjacent property owners.
H.
Location of pumps (automobile service and gasoline stations only). All pump islands shall be a minimum of 25 feet from any adjacent property line and at least 20 feet from any public right-of-way.
I.
Accessory buildings. All lifts, lubrication equipment, service pits and goods for sale shall be enclosed within the service stations. Outdoor display of products or cars for sale or rental shall not be permitted from an accessory building. Accessory buildings shall not be permitted except for the temporary storage of trash or garbage.
J.
Accessory uses.
(1)
The sale or rental of cars, trucks, trailers, boats or any other vehicles on the premises of an automotive gasoline or automotive service station shall be prohibited.
(2)
The storage of cars, trucks, trailers, boats or any other vehicle not being serviced or repaired on the premises of an automobile gasoline station, automobile service station or automobile repair garage shall be prohibited.
(3)
All other activities are prohibited, including trailer or motor vehicle rental. Storage of any vehicle requiring body work or which is inoperable because of major repairs required shall not be permitted except at an automobile repair garage or automobile sales and service.
(4)
The storage of inoperable vehicles classified as junk cars shall not be permitted.
K.
Trash and garbage. A solid enclosed area shall be provided for the temporary storage of trash, garbage and unusable automobile parts. Except for tires, all trash shall be stored in tight containers. The enclosed area shall be designed so that the trash shall not be seen from a public street or from adjoining properties.
L.
Fuel tanks. Underground fuel storage tanks shall be placed at least 10 feet from any structure. Tanks having a capacity of 6,000 gallons or more shall be at least 20 feet from any structure.
M.
Landscaping buffers and screening shall be provided as follows:
(1)
A minimum landscaped area five feet wide shall be provided along all property lines abutting public streets, except where curb cuts are permitted.
(2)
All buffers and landscaped areas shall be protected from adjacent parking areas by curbs or concrete, metal or wood bumpers at least six inches in height and securely anchored into the ground.
(3)
Service areas and parking areas shall be screened from abutting property. A minimum of a six-foot, architecturally solid fence shall be erected on all property lines except the front property line.
(4)
All street trees and on-site deciduous shade trees shall be not less than 13/4 inches in caliper, measured one foot above the root crown.
(5)
A satisfactory amount of evergreen plant material shall be included in the planting, this to be judged on an individual basis by the city. Evergreen trees shall not be less than six feet in height.
(6)
Where an automobile use, as permitted above, abuts a residential zone, a ten-foot buffer must be established and maintained in addition to the solid architectural fence. This buffer shall be attractively landscaped with evergreen and deciduous shrubs.
(7)
All landscaping shall be maintained in a manner satisfactory to the city at all times.
O.
Car washes. Conditions regarding car washes shall be as follows:
(1)
All other regulations for the district in which the use is to be located shall be complied with, except that the minimum lot area for a car wash shall be not less than 20,000 square feet.
(2)
Such use shall provide adequate off-street automobile stacking area, which shall not be less than 15 spaces per bay. Such stacking system shall in no way hinder or impair normal traffic flow on adjoining property or public right-of-way.
(3)
Approval of the City Engineer regarding utilities and drainage and the Department of Health regarding the performance standards shall be required.
(4)
Ingress and egress shall be so designed as not to interfere with the normal traffic flow in the area.
§ 421-61 Building supply or lumberyards and establishments storing noncontainerized combustible materials.
In the B-3 Highway Business Zone and the I-L Light Industrial Zone, building supply and lumberyards, and in the I-L Light Industrial Zone and the I-H Heavy Industrial Zone, establishments storing noncontainerized combustible materials, shall be permitted subject to the following conditions:
A.
A twenty-foot-wide fire access strip shall be established along all side and rear property lines in addition to required buffers. Said strip shall be free of obstructing structures and parking or loading areas. Access to the strip shall be maintained from a public street.
B.
Sufficient information shall be provided to indicate what provisions for fire protection have been made. Plans shall be reviewed by the Fire Chief.
C.
All materials shall be contained within a building, except that open storage and sales areas may be maintained in a side or rear yard, provided that such open storage and sales areas are contiguous to the building and are encircled by a fence of a design which is homogeneous to the adjacent building.
D.
The solid fence shall be designed to screen all materials and supplies from public view. All other requirements for the zone in which the use is located shall apply.
§ 421-62 Garden supply centers.
In the B-3 Highway Business Zone and the I-L Light Industrial Zone, garden supply centers shall be permitted subject to the following conditions:
A.
With the exception of the landscape plants, shrubs and trees, all materials shall be contained within a building, except that open storage and sales areas may be maintained in a side or rear yard, provided that such open storage and sales areas are contiguous to the building and are encircled by a fence of a design which is homogeneous to the adjacent building.
B.
A solid fence shall be so designed as to screen all materials and supplies from public view.
C.
Plant materials may be displayed openly in any yard except the front yard.
D.
All other requirements for the zone shall apply in which the use is located.
§ 421-63 Trailer and outdoor recreational equipment sales.
In the B-3 Highway Business Zone, trailer or outdoor recreational equipment sales shall be permitted subject to the following conditions:
A.
All materials shall be contained within a building, except that open storage and sales areas may be maintained in a side or rear yard, provided that such open storage and sales areas are contiguous to the building.
B.
All outside displays shall be screened from adjacent residential properties and zones by a six-foot-high solid architectural fence.
C.
All other requirements of the zone in which the use is located shall apply.
§ 421-64 Adult entertainment uses.
In the I-L Light Industrial Zone, adult entertainment uses shall be permitted subject to the following conditions:
A.
The area, yard, building and off-street parking requirements shall be met.
B.
Such a use shall not be located within 1,000 feet of a place of worship, school, public use or residential zone or within 500 feet of another such use, which distances shall be measured in a straight line from the outer boundary of such properties.[1]
[1]
Editor’s Note: Former § 421-64.1, Personal services proximity limitations, added 4-11-2005 by Ord. No. O-11-05, was repealed 6-15-2011 by Ord. No. O-18-11.
§ 421-64.1 Cannabis-oriented uses.
[Added 7-22-2021 by Ord. No. O-24-21]
Wherever conditionally permitted, cannabis uses as defined herein shall be permitted subject to the following:
A.
Cannabis cultivation, manufacturing, wholesaling, distribution, and delivery shall only be conditionally permitted in the I-L Light Industrial and the I-H Heavy Industrial Zone. Cannabis retail shall only be conditionally permitted in the I-L Light Industrial, I-H Heavy Industrial, B-2 Regional Business, and B-3 Highway Business Zones.
[Amended 11-9-2022 by Ord. No. O-41-22; 4-10-2023 by Ord. No. O-15-23]
B.
Licensing:
(1)
The number of cannabis-oriented businesses shall not exceed two for each "class" type as defined by P.L. 2021, c. 16. Cannabis-oriented businesses include both medical and personal use. A cannabis business engaging in medical and personal cannabis shall count as one towards the maximum number of each "class" type.
C.
Application.
[Added 4-11-2022 by Ord. No. O-14-22[1]]
(1)
A cannabis business seeking to engage in medical and/or personal cannabis within the City of Rahway shall first submit an application which can be found in the Clerk's office with the required and nonrefundable $1,000 fee for processing of the application.
D.
On-site consumption of cannabis or cannabis-derived products, including smoking, ingesting edibles, or applying topical applications, or any other means of ingestion shall be prohibited in all cannabis businesses.
E.
Signage.
(1)
All signage shall conform to § 421-49, except as detailed in this section.
[Amended 4-10-2023 by Ord. No. O-15-23]
(2)
All signage shall be limited to the name of the business. Illustrations, pictures, and other imagery is prohibited.
(3)
Moving, rotating, animated, blinking, flashing, or internally illuminated signs are prohibited consistent with § 421-49E.
(4)
All signs shall be constructed of durable materials maintained in good condition and not be allowed to become dilapidated.
(5)
Signs with only external illumination shall be permitted, provided that they conform to the standards contained within § 421-49E.
(6)
Projecting signs shall be prohibited.
(7)
Window signs and window advertisements shall be prohibited.
(8)
Cultivation, manufacturing, wholesale, distribution, retail, and delivery facilities located in the I-L and I-H Industrial Zones, and cannabis retailers located in the B-2 and B-3 Business Zones, may have one facade sign not to exceed 10% of the front facade area. In no case shall the facade sign exceed 35 square feet for cultivation, manufacturing, wholesale, retail, and distribution businesses, and shall not exceed 25 square feet for delivery businesses. One freestanding sign in addition to the permitted facade sign shall be permitted for cultivation, manufacturing, wholesale, retail, and distribution businesses. Cannabis delivery businesses are not permitted to have a freestanding sign. Freestanding signs shall be subject to the same content restrictions as facade signs. Freestanding signs are permitted at driveway entrances and signs shall not exceed 25 square feet and five feet in height, and shall be set back a minimum of five feet from any property line.
[Amended 11-9-2022 by Ord. No. O-41-22; 4-10-2023 by Ord. No. O-15-23]
F.
Locations.
(1)
In any instance where a cannabis business of any class abuts a residential use or zone, buffering shall be provided along those shared property lines. Buffering shall at a minimum consist of a six-foot-tall solid fence and a minimum of a six-foot-deep evergreen planting strip at seven feet in height at planting.
[Amended 4-10-2023 by Ord. No. O-15-23]
(2)
Unless vertically integrated into one business, no cannabis business of any class shall be located within 200 feet of another, as measured from the property line.
(3)
No cannabis business shall be in a location that requires persons to pass through a business that sells alcohol or tobacco, or through a private residence, to access the licensed premises. No cannabis business shall be permitted to operate as a home occupation or a live/work unit.
(4)
No cannabis retailer business shall be located in the Central Business District, the B-1 Neighborhood Business Zone, the B-4 Service Business Zone, or Residential Zone Districts. Cannabis retailers may not be located within 1,000 feet of a school or property owned or leased to any elementary school or secondary school or school board. Additionally, no cannabis retailer shall be located within 300 feet of any park or playground or municipal building.
[Added 11-9-2022 by Ord. No. O-41-22; amended 4-10-2023 by Ord. No. O-15-23]
G.
Hours of operation:
[Amended 11-9-2022 by Ord. No. O-41-22; 4-10-2023 by Ord. No. O-15-23]
(1)
Hours of delivery and shipping/distribution for cultivation, manufacturing, wholesaling, and distribution uses shall be limited to between 8:00 a.m. to 8:00 p.m., with the exception of on-site security. The hours of operation for delivery businesses shall be limited to between 9:00 a.m. to 9:00 p.m.
(2)
Cannabis retailer businesses shall be permitted to operate from Monday to Saturday between 9:00 a.m. and 10:00 p.m and be permitted to shall operate on Sunday between 11:00 a.m. and 7:00 p.m.
H.
Odor mitigation:
(1)
All cannabis facilities shall have an air treatment system to mitigate cannabis-related odor. The air treatment system shall have sufficient odor absorbing filtration systems utilizing carbon filters or similar, and ventilation and exhaust systems to eliminate cannabis odors coming from the interior of the premises, such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity at the subject property line. The ventilation system and its maintenance, including the schedule indicating how frequently filters will be replaced, must be approved by the City of Rahway Health Department.
(2)
All cannabis facilities shall be enclosed in heated/air-conditioned buildings.
I.
Security:
(1)
All proposed cannabis-oriented businesses shall be required to submit a security plan as part of the City's approval of the license and the site plan application. The security plan shall be submitted to the Rahway Police Department for review and approval, including information related to all safes, security systems, and hours of proposed on-site security.
(2)
All cannabis-oriented businesses shall be required to utilize a video recording system for all areas within the buildings and outside all entrances and exits. Video recording systems shall operate 24 hours, seven days a week. The security footage shall be stored for a minimum of 30 days.
J.
In the B-2 Regional Business Zone and B-3 Highway Business Zone, the following regulations shall apply to the drive-through portion of cannabis retail businesses:
[Added 4-10-2023 by Ord. No. O-15-23[2]]
(1)
The use of drive-through shall be limited to orders placed in advance for pick up only. Ordering in the drive-through shall not be permitted. Signage shall be provided at the beginning of the queuing area indicating that the use of the drive-through is for pick up only, and that new orders will not be accepted at the drive-through.
(2)
A minimum of eight stacking or queuing spaces at least 20 feet in length per space shall be provided for a drive-through lane.
(3)
Each lane shall be a minimum width of 10 feet. A single lane of at least 10 feet in width shall be provided adjacent to the outermost stacking or queuing lane to allow vehicles not entering the stacking lane to exit the property. There shall be sufficient space between the property line and the beginning of the stacking or queuing lane to allow for safe entry, access to parking spaces and on-site circulation. The drive-through window shall be located at least 30 feet from the street curbline to provide sufficient space for vehicles to safely exit the property.
(4)
All drive-through vehicular circulation shall be in a counterclockwise direction.
(5)
Drive-through lanes shall be set back at least 15 feet from all residential property lines and be screened from adjacent residential property by means of a six-foot solid screen fence or vegetative screen.
K.
Parking and circulation. All cannabis retailers shall be required to submit a parking and circulation management plan demonstrating that all required parking will be provided on site, and that there is appropriate circulation to safely accommodate on-site traffic.
[Added 11-9-2022 by Ord. No. O-41-22[3]]
[3]
Editor's Note: This ordinance also redesignated former Subsection J as Subsection K.
L.
Additional application requirements:
(1)
All cannabis-oriented businesses shall be subject to site plan review and site plan approval by the applicable Board.
(2)
All cannabis businesses shall provide a copy of any license or license application to the state or City, including any agreements or conditions of approval.
(3)
All cannabis businesses shall provide a resolution adopted by the City Council in support of the application. The adoption of a resolution in support of the licensing application shall be conducted. The Mayor may recommend a community host agreement, by and between the cannabis oriented business and the City for the City Council to take action.
[Amended 11-9-2022 by Ord. No. O-41-22]
(4)
All applications to the applicable board shall include the following information, at minimum:
[Amended 11-9-2022 by Ord. No. O-41-22]
(a)
On-site security measures both physical and operational;
(b)
Odor mitigation/management plan detailing all proposed ventilation and filtration/treatment systems;
(c)
Employee safety and training plan;
(d)
A statement on neighborhood compatibility and a plan for addressing potential compatibility issues;
(e)
Waste management plan;
(f)
Cannabis cultivators and manufacturers shall provide a storage and hazard response plan for all pesticides, fertilizers, solvents, and any other hazardous materials kept on the cultivator or manufacturer's site. Plans shall include a list of all pesticides, fertilizers, solvents, and any other hazardous materials that are expected to be used in the cultivation or manufacturing process.
(g)
Vicinity map showing at least 1,000 feet of surrounding area and the distances to the following uses: any school, park, playground, recreation or youth center, and residential zones or uses. Distance shall be measured from the nearest point of the property line of the site that contains the cannabis business to the nearest point of the property line of the enumerated use using a direct straight-line measurement.
(h)
Parking and circulation management plan.
[Added 4-10-2023 by Ord. No. O-15-23]
(i)
Environmental impact and sustainability plan.
[Added 4-10-2023 by Ord. No. O-15-23]