Roselle Park City Zoning Code
ARTICLE XXV
I Industrial District
§ 40-2501 APPLICABILITY OF REGULATIONS.
[1980 Code § 128-100]
The regulations set forth in this Article or set forth elsewhere in Part 3 of this chapter and referred to in this Article are the district regulations in the I Industrial District.
§ 40-2502 PERMITTED USES.
[1980 Code § 128-101; Ord. No. 1113; Ord. No. 1948; Ord. No. 1976; amended 10-3-2019 by Ord. No. 2587; 6-15-2023 by Ord. No. 2729]
A.
A building or premises may be used for any industrial purpose, except the following:
1.
Coke, coal or fuel oil storage, except where consumed on the premises.
2.
Cotton ginning and food products manufacture.
3.
Disinfectant or insecticide manufacture.
4.
Electric central lighting or power plant operated by steam, gas or oil.
5.
Dwelling purposes, except as set forth in Subsection A65 of this section.
6.
Fish packing or storage other than for local trade.
7.
Flour, grist or grain mills or elevators.
8.
Gas, illuminating or heating, manufacture or storage.
9.
Automotive service stations, except those established prior to the effective date of this chapter.
10.
Ice manufacture or cold storage plant from which ice is sold for delivery away from the premises.
11.
Open-air parking stations for the sale or exchange of motor vehicles.
12.
Ore dumps or elevators.
13.
Paper or pulp manufacture.
14.
Poultry killing, dressing or live storage, except for retail sale on premises.
15.
Salt works.
16.
Stable.
17.
Trailer camps.
18.
Acetylene gas manufacture.
19.
Ammonia, chlorine or bleaching powder manufacture.
20.
Arsenal.
21.
Asphalt manufacturing or refining.
22.
Assaying or smelting by the furnace method, but not including one (1) furnace of a capacity of two (2) cubic feet.
23.
Blast furnace.
24.
Boiler works.
25.
Brick, tile or terra cotta manufacture.
26.
Carbon, shoeblacking or stove polish manufacture.
27.
Celluloid or other cellulose manufacture.
28.
Coke ovens.
29.
Crematory.
30.
Creosote treatment or manufacture.
31.
Distillation of coal, wood or bones.
32.
Explosives, fireworks or match manufacture.
33.
Fat rendering.
34.
Fertilizer manufacturing or potash refining.
35.
Glue, size or gelatin manufacture.
36.
Incineration or reduction of garbage, offal, dead animals or refuse.
37.
Iron, steel, brass or copper foundry.
38.
Lampblack manufacture.
39.
Lime, cement, plaster or plaster of paris manufacture.
40.
Linoleum or oilcloth manufacture.
41.
Ore reduction.
42.
Paint, oil, varnish, turpentine, shellac or enamel manufacture.
43.
Petroleum refining or the storage for sale of petroleum or its products above ground or underground in excess of one hundred thousand (100,000) gallons.
44.
Printing ink manufacture.
45.
Pyroxylin plastic manufacture or the manufacture of products therefrom.
46.
Rawhides or skins, storage, curing or tanning.
47.
Rubber manufacture from the crude or scrap material.
48.
Sewage disposal plant.
49.
Slaughtering of animals or fowl.
50.
Soap, soda and washing compound manufacture.
51.
Starch, glucose or dextrin manufacture.
52.
Stockyards.
53.
Stone crusher.
54.
Sugar refining.
55.
Sulfurous, sulfuric, nitric or hydrochloric acid manufacture.
56.
Tallow, grease or lard manufacture or refining.
57.
Tar distillation or manufacture.
58.
Tar roofing or tar waterproofing manufacture.
59.
Used car lots.
60.
Vinegar manufacture.
61.
Wool pulling or scouring.
62.
Yeast manufacture.
63.
The dismantling or storage of dismantled automobiles or used parts thereof, except in conjunction with the use of the premises as an auto body shop, or the storage or bailing of scrap paper, iron, bottles, rags or junk, except where such use is purely accessory.
64.
Any other trade, industry or use that is noxious or offensive by reason of the emission of odor, dust, smoke, gas or noise.
65.
No building or premises shall be used and no building shall be erected or structurally altered for dwelling purposes, except that dwelling quarters may be established in connection with an industrial establishment for necessary watchmen or caretakers employed upon the premises.
66.
Open areas for parking motor vehicles for which a fee is charged, except when conducted by the Borough of Roselle Park or its agent.
67.
Auto body repair shops.
68.
Any use permitted in the B-3 Arterial Business District.
69.
Class 5 Cannabis Retailer and Class 6 cannabis delivery services as defined in Section 3 of P.L. 2021, c.16, but not the delivery of cannabis items and related supplies by a delivery service licensed outside of the Borough.
[Added 6-15-2023 by Ord. No. 2729]
B.
Conditional uses. A building or premises shall be used in the zone only if it meets the following conditions:
[Added 10-3-2019 by Ord. No. 2587]
2.
Medical Cannabis Dispensary, as defined in § 40-601.
[Amended 3-4-2021 by Ord. No. 2641; 6-15-2023 by Ord. No. 2729]
a.
Conditional Use Standards for Medical Cannabis Dispensaries.
(1)
One (1) Medical Cannabis Dispensary or Expanded ATC shall be allowed within the I Industrial District.
(2)
There shall be no on-site sales of alcohol or tobacco products, and no onsite consumption of food, alcohol, tobacco, or cannabis by patrons.
(3)
No doctors' and/or physicians' offices shall be located on the same site as any state-licensed Medical Cannabis Dispensary, and no recommendations from a doctor and/or physician for medical cannabis shall be issued onsite at any state-licensed medical cannabis dispensary within the Borough of Roselle Park.
b.
General Standards for Medical Cannabis Dispensaries.
(1)
To protect the public health, safety, and general welfare, and to prevent economic stagnation, site plan approval is required for a Medical Cannabis Dispensary as set forth in the Municipal Land Use Law (N.J.S.A. 40:55D et seq.).
(2)
A Medical Cannabis Dispensary shall only be located on the ground floor (i.e. street-level) of any building in which it has been approved to be located.
(3)
A Medical Cannabis Dispensary shall not be located within 250 feet of the property line of any existing church, school, childcare center, or any existing public park.
(4)
Minimum gross floor area (GFA) shall be 2,500 square feet.
(5)
Minimum parking requirements shall be one space per 250 square feet of GFA.
(6)
Hours of public operation shall be limited to 9:00 a.m. through 9:30 p.m., Monday through Sunday.
(7)
The Medical Cannabis Dispensary shall comply with all setback or distance requirements established by law and in effect in the zone in which it is to be located as of the time of the licensee's application.
(8)
Signage shall comply with all existing regulations but shall not include language referring to "marijuana" or "cannabis" or use any symbols that indicate such.
c.
Design Standards for Medical Cannabis Dispensaries.
(1)
The facility shall provide an air treatment system with sufficient odor-absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights-of-way, or within any other unit located within the same building as the licensed facility if the use only occupies a portion of a building. The ventilation system may be subject to periodic inspection by the Borough of Roselle Park Health Department and/or Building Department.
(2)
Each Cannabis Business Establishment shall submit a security plan to the Borough Police Department for their review and approval prior to issuance of a certificate of occupancy and every two (2) years thereafter. Said security plan shall demonstrate how the facility will maintain effective security and control of operations on a 24-hour basis. The plan should include the following at minimum, but not limited to:
(a)
Type of security systems to be installed.
(b)
Installation, operation, and maintenance of security cameras covering all interior and exterior parking lots, loading areas, and other such areas of the establishment.
(c)
A system for record keeping and tracking of all cannabis and cannabis related products and materials.
(d)
Type of lighting provided in and around the establishment.
(e)
Details of any on-site security team or personnel or armed guard(s) on the premises.
(3)
No outside storage of any cannabis, cannabis related products, or cannabis related materials shall be permitted.
d.
General Standards for Cannabis Businesses and Expanded ATC facilities.
3.
Cannabis Businesses, Expanded ATC facilities.
[Added 6-15-2023 by Ord. No. 2729]
a.
Conditional Use Standards for Cannabis Businesses and Expanded ATC facilities.
(1)
Cannabis Businesses in the I Industrial District (Cannabis Business Establishments") are limited to persons or entities holding a Class 1, Class 2, Class 3, and Class 4 licenses ("licensee") established under P.L. 2021, c. 16 as issued by the Cannabis Regulatory Commission, Department of Treasury, State of New Jersey, and/or its successors (the "CRC"), or Expanded ATC facilities as defined in § 40-601.
(2)
There shall be no more than a total of two (2) Cannabis Business Establishments and/or Expanded ATC facilities within the I Zone.
(3)
Cannabis Business Establishments and/or Expanded ATC facilities shall meet all requirements for licensure and hold an appropriate license issued by the CRC.
(4)
There shall be no on-site sales of alcohol or tobacco products, and no onsite consumption of food, alcohol, tobacco, or cannabis by patrons.
b.
General Standards for Cannabis Businesses and Expanded ATC facilities.
(1)
No Cannabis Business Establishment and/or Expanded ATC facilities will be allowed without approval of a site plan, upon public notice, submitted to the Municipal Land Use Board of the Borough of Roselle Park, who in their review and in the exercise of their discretion shall consider the site, its neighborhood, the health, safety and general welfare of the Borough and the properties adjacent to or affected by the proposed use. Such a site plan shall include no less than:
(2)
Cannabis Business Establishment and/or Expanded ATC facilities owned and operated by separate licensees shall be separated by 4,000 feet within the Borough.
(3)
A Cannabis Business Establishment and/or Expanded ATC facilities shall not be located within 1,000 feet of any school and 500 feet of the property line of any existing church, childcare center, or any existing public park.
(4)
Minimum gross floor area (GFA) shall be 2,500 square feet.
(5)
Minimum off-street parking requirements shall be one space per 250 square feet of GFA or 35 spaces, whichever is greater.
(6)
Hours of public operation shall be limited to 9:00 a.m. through 9:30 p.m., Monday through Sunday.
(7)
The Cannabis Business Establishment and/or Expanded ATC facilities shall comply with all setback or distance requirements established by law and in effect in the zone in which it is to be located as of the time of the licensee's application.
(8)
Signage shall comply with all existing regulations but shall not include language referring to "marijuana" or "cannabis" or use any symbols that indicate such.
c.
Design Standards for Cannabis Business Establishments and Expanded ATC facilities.
(1)
The facility shall provide an air treatment system with sufficient odor-absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights-of-way, or within any other unit located within the same building as the licensed facility if the use only occupies a portion of a building. The ventilation system may be subject to periodic inspection by the Borough of Roselle Park Health Department and/or Building Department.
(2)
All Cannabis Business Establishment and/or Expanded ATC facility operations shall be conducted within a building. No operations shall be conducted outside a secure facility.
(3)
Each Cannabis Business Establishment and/or Expanded ATC facility shall submit a security plan to the Borough Police Department for their review and approval prior to issuance of a certificate of occupancy and every two (2) years thereafter. Said security plan shall demonstrate how the facility will maintain effective security and control of operations on a 24-hour basis. The plan should include the following at minimum, but not limited to:
(a)
Type of security systems to be installed.
(b)
Installation, operation, and maintenance of security cameras covering all interior and exterior parking lots, loading areas, and other such areas of the establishment.
(c)
A system for record keeping and tracking of all cannabis and cannabis related products and materials.
(d)
Type of lighting provided in and around the establishment.
(e)
Details of any on-site security team or personnel or armed guard(s) on the premises.
(4)
No outside storage of any cannabis, cannabis related products, or cannabis related materials shall be permitted.
§ 40-2503 HEIGHT REGULATIONS.
[1980 Code § 128-102]
Except as hereinafter provided, no building shall exceed a height of four (4) stories or forty-five (45) feet.
§ 40-2504 AREA REGULATIONS.
[1980 Code § 128-103; Ord. No. 1113]
A.
Front Yard. There shall be a front yard having a depth of not less than ten (10) feet: however, where the existing nonresidential buildings occupying fifty (50%) percent or more of the frontage zoned for business within the same block have a setback less than ten (10) feet, the average setback of such existing buildings shall apply. No loading area or bay shall be permitted on the street front of the structure.
B.
On corner lots, both frontages shall be considered front yards.
C.
Rear Yards. There shall be a rear yard, the least dimension of which shall have a depth of not less than fifteen (15%) percent of the average depth of the lot; provided, however, that such rear yard need not exceed twenty (20) feet.
D.
Side Yards. The minimum of one (1) side yard shall be ten (10) feet; the minimum aggregate width of both side yards shall be twenty-five (25) feet.
E.
The minimum lot area shall be twenty thousand (20,000) square feet; the minimum frontage upon a public street shall be one hundred (100) feet, and the maximum building coverage shall be fifty (50%) percent.
§ 40-2505 MINIMUM OFF-STREET PARKING REQUIREMENTS.
[1980 Code § 128-105; Ord. No. 1140]
A.
Manufacturing and Industrial Uses.
1.
One (1) space for every one thousand five hundred (1,500) square feet or fraction thereof of floor area used for inside storage or warehousing, plus one (1) space for every five hundred (500) square feet or fraction thereof of floor area used for manufacturing and research or testing, plus one (1) space for every two hundred fifty (250) square feet or fraction thereof of floor area used for offices.
2.
In addition, one (1) space for every vehicle owned and/or operated by the person, firm or corporation operating the use at the subject site shall be provided.
B.
Wholesale distribution centers and warehouses: one (1) space per one thousand five hundred (1,500) square feet of gross floor area.
§ 40-2506 MINIMUM OFF-STREET LOADING REQUIREMENTS.
[1980 Code § 128-106]
All uses permitted in this district shall provide properly dimensioned loading spaces in accordance with the following schedule:
Gross Floor Area (square feet) | Required Number of Loading Spaces |
|---|---|
3,000 — 25,000 | 1 |
25,000 — 40,000 | 2 |
40,000 — 60,000 | 3 |
60,000 — 100,000 | 4 |
Each additional 50,000 | 1 additional |
§ 40-2507 PERFORMANCE STANDARDS.
[1980 Code § 128-107]
Uses permitted in this district shall comply with the following performance standards:
A.
Fire and Explosion Hazards. All activities shall be carried on only in structures which conform to the standards of the National Board of Fire Underwriters, the State Uniform Construction Code or Chapter 22, Fire Prevention and Protection, whichever is the most 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 Board of Fire Underwriters.
B.
Radioactivity or Electrical Disturbances. No activity shall be permitted which emits dangerous radioactivity or electrical disturbance or adversely affects the operation of any equipment other than that of the creator of such disturbances.
C.
Smoke, Fumes, Gases, Dust and Odors.
1.
Smoke. No emission of visible gray smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringelmann Chart, published by McGraw-Hill Publishing Company, Inc., Copyright 1954, being a direct facsimile reduction of a standard Ringelmann Chart as issued by the United States Bureau of Mines, shall be permitted. Visible gray smoke of a shade equal to No. 3 on the chart may be emitted for not more than three (3) minutes in any fifteen (15) consecutive minutes when a firebox is cleaned or when a new fire is built.
2.
Odors. No emission of odorous gasses or other odorous matter in such quantity as to be detectable without instruments shall be permitted.
3.
Dust. Solid or liquid particles shall not be emitted in concentrations exceeding zero and three-tenths (0.3) grain per cubic foot of the conveying gas or aid.
4.
Fly Ash. No emission of any fly ash shall be permitted to be discharged from any stack or chimney into the open air in excess of the quantity set forth in the following table:
Heat in Fuel Burned (British thermal units per hour) | Fly Ash Rates of Emission (1 pound per hour) |
|---|---|
1,000,000 | 1 |
100,000,000 | 100 |
400,000,000 | 330 |
1,000,000,000 | 750 |
2,000,000,000 | 1,365 |
3,000,000,000 | 1,850 |
4,000,000,000 | 2,260 |
5,000,000,000 | 2,640 |
6,000,000,000 | 2,950 |
7,000,000,000 | 3,200 |
8,000,000,000 | 3,410 |
10,000,000,000 | 3,750 |
5.
For heat content between any two (2) consecutive heat contents, the fly ash limitation shall be as determined by interpolation.
D.
Noise.
1.
The sound pressure level radiated continuously from a facility between the hours of 10:00 p.m. and 7:00 a.m. shall not exceed the following in any octave band of frequency:
Frequency Band (cycles per second) | Sound Pressure Level in Decibels* |
|---|---|
20 — 75 | 69 |
75 — 150 | 54 |
150 — 300 | 47 |
300 — 600 | 41 |
600 — 1,200 | 37 |
1,200 — 2,400 | 34 |
2,400 — 9,600 | 28 |
*According to the following formula, sound pressure level in decibels equals 25 log P/P2, where P2 equals 002 dynes/square centimeter. | |
2.
If the noise is not smooth and continuous and is not radiated at nighttime, one (1) or more of the following corrections shall be added to or subtracted from each of the decibel levels given above:
Corrections in Decibels | Type of Operation or Character of Noise |
|---|---|
Daytime operation only | + 5 |
Noise source operates less than 20% of the time | + 5* |
Noise source operates less than 5% of the time | + 10* |
Noise source operates less than 1% of the time | + 15* |
Noise of impulsive character (hammering, etc.) | - 5 |
Noise of periodic character (hum, screech, etc.) | - 5 |
*Apply one of these corrections only. | |
3.
The foregoing measurements shall be made at a point twenty-five (25) feet distant from the building wherein the noise originates or at the nearest boundary line of the property, whichever is further away, and shall be measured with a sound level meter and an octave band analyzer that conforms to the specifications published by the American Standards Association, Incorporated, New York, New York.
E.
Glare. There shall be no direct or reflected glare exceeding 1.0 footcandle measured at any adjacent zone district boundary line.