Rockaway Township City Zoning Code
§ 54-30.63
I Industrial District.
[Ord. No. 95-24 § 54-134; Ord. No. 96-8 § 1; Ord. No. 99-1 § 1; Ord. No. 06-16 § 4; Ord. No. O-20-18; Ord. No. O-21-23; Ord. No. O-23-23]
A.
B.
Permitted accessory uses. Accessory uses and structures permitted in the I district are those uses and structures which are customarily incidental and subordinate to a permitted principal use. In case of a question concerning whether a use or structure is accessory to a permitted principal use, the determination thereof shall lie with the Zoning Board of Adjustment.
D.
Prohibited uses. No land or building shall be used or occupied for a use which will in any manner create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazardous condition, or radiation producing materials, noise, or vibration, smoke, dust, odor or other form of air pollution, heat, cold, dampness, movement of air, electrical or other disturbances, glare, liquid or solid wastes in a manner or amount not conforming to the performance standards of this section. In addition, the following uses are specifically prohibited:
(1)
Residential construction or conversion;
(2)
Business construction or conversion, unless specifically permitted in the above use regulations;
(3)
Public or commercial incineration or sanitary landfills;
(4)
Junkyards;
(5)
Dumps, lagoons or pits for the disposal or storage of garbage, trash, or any other liquid or solid waste materials except by the municipality;
(6)
Mining, quarrying, sand, clay or gravel pits;
(7)
Tar plants;
(8)
Motor freight terminals, motor and truck transfer stations, motor and truck depots, motor and truck storage sites, truck stops, and truck repair facilities. "Motor freight terminal" is defined as a structure serving as a point or junction of a motor freight transportation line which may or may not include servicing facilities; a "motor and truck transfer station" is a structure serving as a point or junction of a transportation line; a "motor and truck storage site" is a structure or location for the storage of trucks or parts thereof, or truck cargoes; and a "truck stop" is a facility selling gasoline or diesel fuel, and further providing a restaurant or overnight accommodations. This prohibition is not intended to exclude warehousing and manufacturing uses to which trucking is ancillary;
(9)
Current Federal or State lists of hazardous materials;
(10)
Hazardous materials or conditions as described in the following performance standards; and
(11)
Public garages and gas stations.
E.
Required conditions.
(1)
Minimum lot area. There shall be a minimum lot area of 60,000 square feet.
(2)
Minimum front yard. No building shall be closer to any public road right-of-way than 100 feet.
(3)
Minimum side and rear yards. No building shall be closer to a side or rear property line than 1.5 times the height of the building; provided, no such setback shall be less than 50 feet, and further provided, no building shall be closer than 100 feet from a residential district boundary line or a residential lot line.
(4)
Minimum distance between buildings. There shall be a minimum distance between buildings a distance that is not less than the sum of the heights of the two buildings.
(5)
Maximum height. No building shall exceed a height of 50 feet.
(6)
Maximum impervious coverage. The total impervious coverage on any lot shall not exceed 60% of the total lot area; provided that if the lot is also located within the CWR district, the total impervious coverage shall not exceed 45% of the total lot area.
(7)
Additional conditions for medical cannabis alternative treatment centers (which shall include medical cannabis clinical registrants, medical cannabis cultivators, medical cannabis dispensaries, and medical cannabis manufacturers), recreational cannabis uses (which shall include cannabis cultivators, cannabis manufacturers, cannabis wholesalers, cannabis distributors, cannabis retailers, and cannabis delivery services), cannabis testing facilities, and cannabis research and development facilities.
(a)
The requirements of this ordinance[1] are subject to the enabling authority of the State of New Jersey and are subject to compliance with all statutes and/or regulations adopted by the State of New Jersey or its instrumentalities. If any provision of this ordinance is inconsistent with the statutes and/or regulations of the State of New Jersey, the state statutes and/or regulations shall govern.
[1]
Editor's Note: "This ordinance" refers to Ord. No. O-20-18.
(b)
Prior to the operation of any alternative treatment center, any recreational cannabis use, any cannabis testing facility, or any cannabis research and development facility, a license for such use must be obtained from the State of New Jersey and from the Township of Rockaway.
(c)
Site plan approval must be obtained from the Township of Rockaway Planning Board, or Board of Adjustment as the case may be.
(d)
An alternative treatment center, a recreational cannabis use, a cannabis testing facility, or a cannabis research and development facility shall, at all times, operate in complete compliance with the terms and conditions of its license(s) set forth by the State of New Jersey and the Township of Rockaway.
(e)
No alternative treatment center, no recreational cannabis use, no cannabis testing facility, and no cannabis research and development facility shall be housed in a vehicle or any movable or mobile structure.
(f)
There shall be a minimum setback of 200 feet from any medical cannabis alternative treatment center, recreational cannabis use, cannabis testing facility, and/or any cannabis research and development facility, to any public or private school, house of worship, child care center, or day care center, as measured from building to building.
(g)
It shall be unlawful for any person to dispense cannabis or cannabis products at a licensed alternative treatment center or recreational cannabis use at any time other than between the hours of 8:00 a.m. and 10:00 p.m.
(h)
All alternative treatment centers, recreational cannabis uses, cannabis testing facilities, and/or cannabis research and development facilities shall be located in an indoor, structurally enclosed area.
F.
Performance standards. Prior to the issuance of any building or occupancy permit for any use in the I district, the applicant shall submit sufficient evidence to the Planning Board showing compliance with the applicable approval procedures of all authorized governmental agencies and with all the following regulations:
(1)
Fire and explosion hazards. All activities shall be carried on only in structures which conform to the standards of the American Insurance Association or the Township Building Code or Fire Ordinance, whichever is more restrictive. All operations shall be carried on, and all combustible raw materials, fuels, liquids, and finished products shall be stored, in accordance with the standards of the regulations. Nothing contained herein shall be construed to permit the detonation of any explosive device on any premises as part of the industrial operation.
(2)
Radioactivity. Any activity which emits radioactivity ionizing or specific non-ionizing uses such as microwaves at any point outside the confines of a building or structure is prohibited as well as any industrial operation engaging in irradiation processing.
(3)
Smoke. There shall be no emission at any point, from any chimney or otherwise, of visible smoke.
(4)
Fly ash, dust, fumes, vapors, gases. There shall be no emission which can cause damage to health, to animals, or vegetation or other forms of property, or which can cause any excessive soiling at any point. Emission of any solid or liquid particles in concentrations exceeding 0.367 milligrams per cubic meter of the conveying gas or air at any point is prohibited. For measurement of the amount of particles in gases resulting from combustion, correction shall be applied to a standard stack temperature of 500° F. and 50% excess air.
(5)
No use permitted in this zone shall discharge untreated industrial wastes of any kind into any reservoir, pond, lake or stream or on or in the ground. All methods of sewage and industrial waste treatment and disposal shall be approved by the Township Health Department and the New Jersey State Department of Environmental Protection.
(6)
The discharge and disposal of solid and liquid wastes into an underground drainage field shall be in accordance with plans and specifications as approved by the Township Engineer, the Township Health Officer and the New Jersey Department of Environmental Protection.
(7)
Vibration. No operation shall cause either air-induced vibration or ground transmitted vibration which is discernible to the human sense at any point beyond the immediate site on which such use is conducted.
(8)
Noise. Noise regulation shall comply with all provisions of New Jersey Chapter 29 (N.J.S.13:1G1 et seq.) provided, however, no person shall cause, suffer, allow or permit sound from any industrial or commercial operation which when measured at any residential property line is in excess of any of the following:
(a)
During the hours from 7:00 a.m. to 7:00 p.m.:
Octave Band Center Frequency (H3) | Octave Band Sound Pressure Level (dB) |
|---|---|
20 to 75 | 75 |
75 to 150 | 60 |
150 to 300 | 54 |
300 to 600 | 48 |
600 to 1,200 | 45 |
1,200 to 2,400 | 42 |
2,400 to 4,800 | 39 |
above 4,800 | 36 |
(b)
During the hours from 7:00 p.m. to 7:00 a.m.:
Octave Band Center Frequency (H3) | Octave Band Sound Pressure Level (dB) |
|---|---|
20 to 75 | 65 |
75 to 150 | 50 |
150 to 300 | 44 |
300 to 600 | 38 |
600 to 1,200 | 35 |
1,200 to 2,400 | 32 |
2,400 to 4,800 | 29 |
above 4,800 | 26 |
(9)
Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive and create a nuisance as determined by the Township Department of Health at the property line of the lot occupied by such use.
(10)
Glare. There shall be no direct or sky-reflected glare exceeding 0.5 of a footcandle measured at the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrance or exits of service drives.
(11)
Traffic. There shall be no ingress or egress to any industrial operation as permitted and regulated by this section from any minor street or neighborhood through road as set forth on the Township Master Plan.
(12)
Additional standards for medical cannabis, recreational cannabis, cannabis testing facilities, and cannabis research and development facilities. In addition to the above, the following additional performance standards are established for alternative treatment centers (which shall include medical cannabis clinical registrants, medical cannabis cultivators, medical cannabis dispensaries, and medical cannabis manufacturers), recreational cannabis uses (which shall include cannabis cultivators, cannabis manufacturers, cannabis wholesalers, cannabis distributors, cannabis retailers, and cannabis delivery services), cannabis testing facilities, and cannabis research and development facilities.
(a)
Odor. An alternative treatment center, recreational cannabis use, cannabis testing facility, or cannabis research and development facility shall have equipment to mitigate cannabis-related odor. The building shall be equipped with a ventilation system with carbon filters sufficient in type and capacity to eliminate cannabis odors emanating from the interior of the premises. The carbon filters are required to be replaced regularly for the best effectiveness to mitigate odor. The ventilation system must be approved by the Township of Rockaway Division of Health and Building Department and may be subject to periodic inspection.
(b)
Noise. Outside generators and other mechanical equipment used for any kind of power supply, cooling or ventilation shall be enclosed and have appropriate baffles, mufflers, and/or other noise reduction systems to mitigate noise pollution.
(c)
Security. All facilities associated with cannabis shall be secured and shall have fulltime security protocols. Security protocols shall be submitted to the Township of Rockaway Police Department for compliance review with all safety and security standards established by the State of New Jersey for alternative treatment centers, recreational cannabis uses, cannabis testing facilities, and/or cannabis research and development facilities. The Rockaway Township Police Department may, at their discretion and upon review of the proposed location, recommend or require additional safety and security measures.