West Deptford City Zoning Code
ARTICLE VI
Manufacturing Districts
§ 166-26 Classification.
There shall be two classes of Manufacturing Districts, M-1 Light Manufacturing and M-2 Heavy Manufacturing, in which the following regulations shall apply.
A.
Overlay Zone. There shall be established a special overlay provision in the M-2 Zone limited to Block 344.01, Lot 1.01 and Block 344, Lot 1, which shall include R-4 Multiple-Family Residence District regulations as delineated in § 166-15 of this chapter.
[Added 6-3-2004 by Ord. No. 2004-15]
(1)
A housing impact fee of 1% of equalized assessed value of any development shall be paid when the underlying zoning of M-2 Industrial shall be utilized.
(a)
Developers that have received preliminary or final approval prior to the effective date of this subsection shall be exempt from paying a development fee unless the developer seeks a substantial change in the approval.
(b)
Developers shall pay 50% of the calculated development fee to West Deptford Township at the issuance of building permits. The development fee shall be estimated by the Tax Assessor prior to the issuance of building permits.
(c)
Developers shall pay the remaining fee to West Deptford Township at the issuance of certificates of occupancy. At the issuance of certificates of occupancy, the Tax Assessor shall calculate the equalized assessed value and the appropriate development fee. The developer shall be responsible for paying the difference between the fee calculated at the issuance of the certificate of occupancy and the amount paid at issuance of the building permit.
§ 166-27 Use regulations.
A.
M-1 Light Manufacturing Districts. A building may be erected or used, and a lot may be used or occupied, for any of the following purposes and no other, provided that no residential use shall be permitted, and no use shall be permitted which creates or constitutes a hazard, nuisance or other objectionable condition beyond the boundary line of the site on which it is located by reason of noise, fumes, smoke, odors, vibration, heat, glare or radiation, or which is included in Use Group "H," High Hazard Uses, of the Uniform Construction Code:[1]
[Amended 11-4-2004 by Ord. No. 2004-20]
(1)
Any use permitted in Commercial Districts, except residential; provided, however, that any use so permitted because it is a permitted use in a Commercial District is subject, nevertheless, to the area regulations set forth in § 166-28 below.
[Amended 5-21-1992 by Ord. No. 92-7; 11-4-2004 by Ord. No. 2004-20]
(2)
A wholesale business establishment.
(3)
Storage or warehouse; packing and crating; express, carting or hauling station; trucking yard or terminal.
(4)
Manufacturing or processing as follows:
(a)
Beverages (nonalcoholic); bottling establishment.
(b)
Canvas and canvas products.
(c)
Clothing and other textile products, not including the manufacture of textiles.
(d)
The manufacture and assembly of electrical equipment, appliances and supplies, not including heavy electrical machinery.
(e)
Combining or processing of food products, not including meat and fish.
(f)
Jewelry, clocks and watches.
(g)
Leather products, including luggage and shoes.
(h)
Medical, dental, drafting equipment, optical goods and other professional and scientific instruments.
(i)
Metal finishing, plating, grinding, sharpening, polishing, cleaning, rustproofing and heat treatment.
(j)
Metal stamping and extrusion of small products.
(k)
Musical instruments.
(l)
Compounding of perfumes and pharmaceutical products.
(m)
Small rubber products and synthetic treated fabrics, not including rubber and synthetic processing.
(n)
Small products from the following previously prepared materials: bone, cork, feathers, felt, fur, glass, hair, horn, paper, plastics and shells.
(o)
Tool, dye and pattern making, and similar small machine shops.
(p)
Wood products, including furniture and boxes.
(5)
Carpet and rug cleaning.
(6)
Laundry, dry-cleaning or dyeing plant.
(7)
Laboratory, research, experimental and testing.
(8)
Manufacturing, assembling and warehousing of printing machinery.
(9)
The following uses when authorized as a conditional use by the Planning Board:
(a)
Yard for storage, sale and/or distribution of ice, coal, fuel oil or building materials when enclosed within a solid fence of not less than six feet in height, but not including a junk, salvage, automobile or other wrecking yard, and not including a tank farm. The storage, sale and distribution of liquid fuels shall be subject to the fire prevention regulations of the Township.
(b)
Any use which is similar to and is of the same general character as any of the uses permitted above in Subsection A(1) through (8).
(c)
Any and all soil or site preparation, planting of any materials not for wholesale or retail sale and fencing for the purpose of creating freshwater or tidal wetlands.
[Added 8-1-1996 by Ord. No. 96-17]
(10)
Accessory use on the same lot with and customarily incidental to any of the uses permitted above in Subsection A(1) through (8).
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
B.
M-2 Heavy Manufacturing Districts. A building may be erected, altered or used for any lawful purpose which does not constitute a hazard to the safety or the health of abutting neighborhoods, except that in no event shall any of the purposes specified below be carried on, as follows:
(1)
A residential dwelling.
[Amended 11-4-2004 by Ord. No. 2004-20]
(2)
An abattoir or stockyard.
(3)
The distillation of bones and wood.
(4)
Incineration or reduction of garbage, offal and dead animals, except as municipal agents and on municipally owned lots.
(5)
Junkyard, salvage or wrecking yard, or the baling of rags or junk, except when enclosed within a building or within a solid fence of not less than seven feet in height, or when located at least 500 feet from a street or property line.
(6)
Reduction and processing of wood pulp and fiber.
(7)
Any use which is included in Use Group "H," High Hazard Uses, of the Uniform Construction Code,[2] except that such uses may be permitted when authorized by the Planning Board as a conditional use.
[2]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
(8)
Any use which is prohibited under the provisions of § 166-32 hereof.
§ 166-28 Area regulations.
[Amended 12-2-1982 by Ord. No. 82-13; 7-6-1989 by Ord. No. 89-14; 1-12-1995 by Ord. No. 94-22; 11-6-2003 by Ord. No. 2003-15; 11-4-2004 by Ord. No. 2004-20]
Every building hereafter erected or used and every lot hereafter used or occupied shall comply with the following area regulations:
A.
Lot area. A lot area sufficient in size to assure adequate sewage disposal shall be provided, but in no case less than 20,000 square feet per use. The minimum lot width at the building line shall be 100 feet.
B.
Building and lot coverage.
(1)
M-1 and M-2 Manufacturing Districts. Not more than 50% of the lot area shall be occupied by buildings, and a total of not more than 75% of the lot area shall be occupied by buildings, parking areas, driveways, sidewalks and other paved or impervious surfaces.
[Amended 4-3-2014 by Ord. No. 2014-08]
C.
Yards.
(1)
Front yard. There shall be a front yard on each street on which a lot abuts which shall be not less than 50 feet in depth. The 25 feet of the required front yard adjoining the street line shall be appropriately landscaped; the parking of passenger vehicles shall be permitted in the twenty-five-foot portion of the required front yard closest to the building.
(2)
Other yards. A perimeter yard of not less than 30 feet shall be provided along all other boundary lines of the lot, except where yards of a greater dimension are required in Subsection D below. Where such perimeter yard abuts a railroad or a utility right-of-way, the perimeter yard may be reduced to not less than 10 feet.
D.
Yard in manufacturing districts adjacent to residence district boundary line.
(1)
In manufacturing districts along any residence district boundary line or adjacent to any public or private school site(s) and/or facility(ies), the following regulations shall apply:
(a)
A buffer yard of not less than 100 feet in width shall be provided which shall be used only as a landscaped buffer area which shall include berms and plantings such as hedges, evergreens, shrubberies or other suitable plantings, which shall be provided and maintained in a fashion to act as an effective screen in all four seasons.
(b)
No building in which manufacturing or processing operations take place shall be located closer than 150 feet from a residence district boundary line. This requirement shall not apply to office or administrative buildings, parking facilities, storage buildings, tanks and appurtenances or other buildings which do not include manufacturing or processing operations.
(2)
Where a street constitutes a boundary line, the yard shall be measured from the street line. Where land in an adjoining residence district is held in common ownership with contiguous land in a manufacturing district, 50 feet of such land in a residence district may be used in meeting the above requirements, but such land used to meet the yard and buffer requirements may not thereafter be sold separately if such sale would reduce the yard space below minimum requirements.
§ 166-29 Height regulations.
No building shall exceed 80 feet in height, provided that such height limits may be exceeded in the M-2 Manufacturing District when authorized as a conditional use by the Planning Board.
§ 166-29.1 Cannabis Business (CB) Overlay Zone.
[Added 7-21-2021 by Ord. No. 2021-13]
A.
Intent. It is the purpose of this overlay zone to provide areas to permit certain marketplace classes of licensed cannabis businesses as a conditionally permitted use. The Cannabis Business (CB) Overlay Zone shall include the following blocks and lots only, as shown on the Tax Map of West Deptford Township:
Block 346.01 | Lot 1 | Route 295 |
Lot 2 | Grandview Avenue | |
Lot 2.01 | 1771 Imperial Way | |
Lot 2.02 | 1757 Imperial Way | |
Lot 2.03 | 1751 Imperial Way | |
Lot 4 | 1401 Imperial Way | |
Lot 9.02 | 1707 Imperial Way | |
Lot 10 | 1480 Grandview Avenue | |
Lot 15 | 1460 Grandview Avenue | |
Lot 17 | 1570 Grandview Avenue | |
Lot 18 | 1400 Grandview Avenue | |
Block 346.04 | Lot 4 | 1571 Grandview Avenue |
Lot 5 | 1501 Grandview Avenue | |
Lot 6 | 1425 Grandview Avenue | |
Lot 7 | 150 Mid Atlantic Parkway | |
Lot 8 | 1400-1480 Imperial Way | |
Block 346.10 | Lot 1 | 1225 Forest Parkway |
Lot 2 | 1245 Forest Parkway | |
Lot 3 | Mantua Grove Road | |
Lot 4 | Mantua Grove Road | |
Block 346.11 | Lot 2 | 1222-24-26 Forest Parkway |
Lot 3 | 1210 Forest Parkway | |
Lot 4 | 1228 Forest Parkway | |
Lot 5 | 1230 Forest Parkway | |
Block 347.01 | Lot 2 | Connecting Road |
Block 347.02 | Lot 1 | 550 Grove Road |
Lot 2 | 1250 Metropolitan Avenue | |
Block 347.04 | Lot 7 | 1395 Imperial Way |
Lot 8 | 1351 Imperial Way | |
Lot 9 | 1273 Imperial Way | |
Lot 10 | 400 Grove Avenue | |
Block 347.11 | Lot 1 | 155 Mid Atlantic Parkway |
Lot 2 | Friars Lane | |
Lot 4 | 1370 Imperial Way | |
Lot 5 | Grove Road | |
Lot 6 | 1250 Imperial Way | |
Lot 8 | 200 Grove Road | |
Lot 11 | 1300 Imperial Way | |
Block 351.28 | Lot 2 | 280 Jessup Road |
Lot 3 | 201 Grove Road |
B.
Definitions. Unless specifically defined below or otherwise in § 166-6B, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application:
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 Cannabis Cultivator license.
CANNABIS DISTRIBUTION
The transportation of cannabis items to and from licensed cannabis establishments, or home delivery of cannabis items related supplies to a retail consumer.
CANNABIS MANUFACTURER
Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 Cannabis Manufacturer license.
LICENSE
(1)
A license issued in accordance with the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c.16)[1] is defined a license that is designated as either a:
(a)
Class 1 Cannabis Cultivator License: for facilities involved in growing and cultivating cannabis;
(b)
Class 2 Cannabis Manufacturer License: for facilities involved in the manufacturing, preparation, and packaging of cannabis items;
(c)
Class 3 Cannabis Wholesaler License: for facilities involved in obtaining and selling cannabis items for later resale by other licensees;
(d)
Class 4 Cannabis Distributor License: for businesses involved in transporting cannabis plants in bulk from on licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;
(e)
Class 5 Cannabis Retail License: locations at which cannabis items and related supplies are sold to consumers; and
(f)
Class 6 Cannabis Delivery License: for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchased items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer.
(2)
The term includes a conditional license for a designated class, except when the context of the provisions of relevant state law otherwise intend to only apply for a license and not a conditional license.
MANUFACTURE
The drying, processing, compounding, or conversion of usable cannabis into cannabis products or cannabis resins. "Manufacture" does not include packaging or labeling.
WHOLESALE TRADE
Establishments or places of business primarily engaged in selling merchandise to other businesses, including retailers, industrial, commercial, institutional, or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
C.
Permitted principal uses. In the CB Overlay Zone, no lot shall be used and no structure shall be erected, altered, or occupied for any purpose except the following:
(1)
Any and all principal uses permitted in Light Manufacturing (M-1) Zone per § 166-27A.
D.
Conditionally permitted uses. In the CB Overlay Zone, the following uses shall be considered conditionally permitted uses and shall meet the relevant required conditions, as noted below:
(1)
Licensed Cannabis Business Class 1, 2, 3 and 4 shall be permitted as a conditional use in the CB Overlay Zone so long as said licensed businesses meet the following conditions:
(a)
State license. All facilities must have a valid license to operate from the State of New Jersey in accordance with the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c.16).
(b)
Buildings. All facilities shall be located within enclosed heated and air-conditioned buildings and shall not be permitted in greenhouses, hoop houses, Quonset huts, or other similar structures, nor shall facilities be located outdoors.
(c)
Hours of operation. Hours of public operation shall be limited to 7:00 a.m. through 11:00 p.m. daily. No licensed marijuana business shall be open to the public between the hours of 11:01 p.m. and 6:59 a.m. on any day.
(d)
Odor control. All facilities shall provide an air treatment system with sufficient odor-absorbing ventilation and exhaust systems such that any odor generated inside the facility is 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. Odor from the facility shall be monitored on an annual basis at the discretion of the Township by a licensed, qualified contractor chosen by the Township at a cost that shall be paid for by the licensed business.
(e)
Noise. For any licensed cultivation, processing, manufacturing, or similar operation, the facility shall provide for noise mitigation features designed to minimize disturbance from machinery, processing and/or packaging operations, loading, and other noise-generating equipment or machinery. All licensed facilities must operate within applicable state decibel limitations.
(f)
Security. To the extent not already required by the entity's state license, all sites must be equipped with security cameras covering all exterior parking and loading areas, points of entry, and interior spaces which are either open to the public or used for the storage or processing of marijuana products. Footage must be maintained for the duration required under state law or as required by the Cannabis Regulatory Commission. All licensed facilities must provide the West Deptford Township Police Department with access to security footage immediately upon request by the Department.
(g)
Fencing. All facilities shall be enclosed by a security fence with a height of eight feet and shall be at least 50% transparent. Fifty-percent transparent fence design may include, but are not limited to, picket, chain-link or extruded aluminum fences.
(h)
Off-street parking. Off-street parking shall be provided in accordance with the West Deptford Township Zoning Ordinance, as deemed sufficient by the members and professionals of the Township's Planning Board.
(i)
Signage. Signage shall otherwise comply with the requirements outlined in § 166-43, Signs.
(j)
Site plan approval. Site plan approval is required as per § 166-48, Site plan and building review, addressing items above and as required by ordinance.
E.
Permitted accessory uses. Any of the following uses and structures may be permitted, when used in conjunction with a principal use and conforming to the applicable subsection:
(1)
All accessory uses permitted in Light Manufacturing (M-1) Zone per § 166-27A, except that no outdoor storage shall be permitted as an accessory use to any conditionally permitted principal use.
F.
Prohibited uses. The following uses shall be prohibited in the CB Overlay Zone:
(1)
Licensed Cannabis Business Class 5 (Cannabis Retail) and Class 6 (Cannabis Delivery).
(2)
Drive-through facilities.
(3)
On-site consumption of cannabis by patrons, employees or other persons.
G.
Bulk requirements. All permitted and conditionally permitted principal uses and structures shall meet the bulk requirements of the Light Manufacturing (M-1) Zone.
H.
Additional requirements. In addition to § 166-29.1D, the following requirements shall apply:
(1)
All licensed facilities shall be subject to a local transfer tax, as authorized by the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),[2] whereby the rates of the local transfer tax shall apply to the following license class:
(a)
Two percent of the receipts from each sale by a Class 1 Cannabis Cultivator;
(b)
Two percent of the receipts from each sale by a Class 2 Cannabis Manufacturer; and/or
(c)
One percent of the receipts from each sale by a Class 3 Cannabis Wholesaler.
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
(2)
Any other reasonable conditions imposed by the Planning Board or as required by Township ordinances.
