These uses, as designated in the particular
zone districts, may be established only in accordance with the following
procedure and only after the following criteria are met.
Application for a conditional use shall be made to the Planning Board pursuant to the authority of N.J.S.A. 40:55D-67 (or to the Zoning Board of Adjustment, pursuant to the authority of N.J.S.A. 40:55D-76b). The application shall be made in accordance with the instructions of the Planning Board and shall be accompanied by a site plan prepared in accordance with the requirements of Chapter 244, Subdivision of Land and Site Plan Approval.
The applicant shall give notice pursuant to
the requirements of N.J.S.A. 40:55D-12, such notice setting forth
the date, time and place of the hearing and the nature of the matter
to be considered, pursuant to the authority of N.J.S.A. 40:55D-11
only after such date of the hearing shall have been fixed, after a
determination that the application is complete, in accordance with
the procedures of said Planning Board.
The Board shall not order, direct or authorize
the issuance of a permit for a conditional use unless it shall find
that such use:
A.
Is a use permitted in the zone district.
B.
Meets all the required conditions for said zone district
and, in addition thereto, complies with all of the conditions hereinafter
set forth for the specific conditional use listed.
C.
Meets the requirements set forth for the particular
conditional use hereafter described.
A.
The lot shall contain an area of at least three acres.
In the event that it can be demonstrated that the proposed project
can meet all of the other criteria necessary for the issuance of a
permit on a lot containing less than three acres in area, the Board
may reduce the lot area requirement but in no event reduce it less
than the minimum lot size for the zone district in which the property
is located.
B.
All buildings and structures erected on said site
shall meet the yard and height requirements for the zone district
in which they are located. In the event that it can be demonstrated
that the proposed project can meet all of the other criteria necessary
for the issuance of a permit on a lot, the Board may reduce the yard
requirements when a reduction in lot area has been permitted but in
no event reduce it less than the minimum yard requirements for the
zone district in which the property is located.
C.
All buildings and structures to be erected on the
tract shall be so designed and arranged in order to minimize the impact
of the use on the established neighborhood scheme and shall be so
designed as to harmonize, as far as possible, with the established
architectural scheme of the neighborhood.
D.
Adequate provisions shall be made to provide a suitable
buffer to provide a barrier to light and sound between the use sought
to be established and abutting properties.
E.
Site plan approval shall be obtained in accordance with Chapter 244, Subdivision of Land and Site Plan Approval.
A.
The lot shall contain the minimum lot area required
in accordance with the zone district in which the lot is located,
except that the Board may, for good cause shown, reduce the lot area
requirement.
B.
All buildings shall be so designed as to conform to
and harmonize with the general character of the area in which it is
located and will not adversely effect the safe and comfortable enjoyment
of properties in the zone.
C.
All structures shall be designed so as to be as unobtrusive
as feasible and to blend in with the surroundings on the site.
D.
Adequate fencing must be provided in accordance with
the recommendations of the Board in order to provide protection to
the public.
E.
Adequate parking shall be required, as determined
by the Board when considering the proposed use.
A.
The lot shall contain a minimum of 10 acres in area.
B.
The proposed lot shall be located within 500 feet
of a state highway.
C.
The proposed lot shall be located at least 1,000 feet
from a residential zone boundary.
D.
All buildings shall be located at least 200 feet from
any property line.
E.
Paved areas shall not exceed 10 times the ground floor
area of all buildings.
F.
The combined ground floor area of all buildings and
paving areas shall not exceed 50% of the lot area.
G.
Fencing shall not be required but when provided shall
be in a location and of a type approved by the Board and shall not
exceed 10 feet in height and shall not be located within 100 feet
of a street right-of-way line.
H.
A buffer consisting of dense evergreen shall be provided
along the boundaries of all parking and loading areas to provide an
adequate barrier to light and sound from all adjoining streets and
properties.
I.
Separate vehicular entrances and exits shall be provided.
Entrances and exits shall be at least 100 feet apart and shall be
at least 24 feet wide.
J.
Site plan approval shall be obtained in accordance with Chapter 244, Subdivision of Land and Site Plan Approval.
K.
Adequate parking shall be provided in accordance with the parking provisions set forth in Article XV, Off-Street Parking and Loading. However, truck and trailer parking shall be located at least 25 feet from side and rear property lines and at least 100 feet from a street right-of-way line. There shall be at least three truck or trailer parking spaces for each loading bay. Aisles between truck and trailer parking spaces shall be at least 60 feet in width, and there shall be at least two off-street parking spaces for each loading bay.
L.
A truck terminal may include the following accessory
uses: offices related to the principal use, dormitories providing
temporary sleeping quarters for transient truckers, cafeterias serving
trucking terminal employees and transient truckers, repairs and maintenance
garages and refueling facilities for trucks and trailers otherwise
using the trucking terminal.
[Added 8-9-2021 by Ord. No. 2021-15; amended 11-8-2021 by Ord. No. 2021-25; 8-8-2022 by Ord. No. 2022-08[1]]
A.
Cannabis businesses, as set forth below, shall be permitted as conditional
uses in certain zones. The purpose of this section is to set forth
the requirements and procedures applicable to permitting certain cannabis
businesses as conditional uses in accordance with N.J.S.A. 40:55D-67.
All cannabis businesses shall be required to obtain site plan and
conditional use approval, as set forth below, after obtaining state
licensure approval. Such uses may be permitted when authorized as
a conditional use by the Planning Board, including site plan approval
and (if necessary) a conditional use variance approval by the Zoning
Board pursuant to N.J.S.A. 40:55D-70(d)(3). Cannabis businesses shall
comply with additional requirements set forth herein. Nothing herein
shall prohibit the City from adopting a redevelopment plan permitting
any type of cannabis establishment in a designated redevelopment area.
C.
Cannabis retailers: Class V.
(1)
Cannabis retailers shall be permitted as a conditional use in the following zones in accordance with this chapter. The permitted conditional uses within Article IX, HC Highway Commercial Zone, as depicted on the Cannabis Overlay Zone Map[2] shall add:
(a)
Highway Commercial (HC).
[2]
Editor's Note: The Cannabis Overlay Zone Map is on file in
the City offices.
(2)
Cannabis retailers are permitted subject to the following conditions:
(a)
Adherence to the site design standards of the City Zoning Ordinances,
and through a review by the Zoning Official and the City Planning
Board, is required.
(b)
Issuance of Bordentown City cannabis business license.
(c)
Site plan approval is required.
(d)
Cannabis retailers shall not be located within a drug-free school
zone.
(e)
Retailers shall limit their hours of operation from 8:00 a.m.
to 10:00 p.m., Monday to Sunday, or as otherwise provided for within
a special use permit.
(f)
Cannabis retailers shall not be located within 1,000 feet of
another cannabis retailer within the City of Bordentown.
(g)
Executed local host agreement.
D.
Alternative treatment centers, medical cannabis dispensaries, and
academic medical center.
(1)
Alternative treatment centers (ATC) and medical cannabis dispensaries shall be permitted as a conditional use in the following zones in accordance with this chapter. The permitted conditional uses within Article IX, HC Highway Commercial Zone, as depicted on the Cannabis Overlay Zone Map,[3] shall add:
[3]
Editor's Note: The Cannabis Overlay Zone Map is on file in
the City offices.
(2)
ATCs and medical cannabis dispensaries are permitted subject
to the following criteria:
(a)
Adherence to the site design standards of the City Zoning Ordinances,
through a review by the Zoning Official and the City Planning Board,
is required.
(b)
Issuance of Bordentown City cannabis business license.
(c)
Site plan approval is required.
(d)
The retail component must front a public street.
(e)
ATCs/medical dispensaries shall not be located within a drug-free
school zone.
(f)
Medical dispensaries may only sell usable cannabis-related product
to individuals with an active MMP identification card or caregiver
identification card.
(g)
Medical dispensaries may not participate in adult-use (21 years
or older) sales unless specifically authorized and in compliance with
this chapter and outside a drug-free school zone.
(h)
Executed local host agreement.
E.
Vertically integrated cannabis businesses.
(1)
Vertically integrated businesses proposing to relocate an existing license, or if the NJCRC begins reissuing such licenses, or an operator or multiple operators, under contract with one another, assemble cultivation and/or manufacturing, with retailing of cannabis within the same facility, they shall be permitted as a conditional use within the following zones in accordance with this chapter. In no event shall a vertically integrated property that dispenses cannabis be permitted two dispensary licenses without amendment to this chapter. The permitted conditional uses within Article IX, HC Highway Commercial Zone, and the Ocean Spray Redevelopment Plan as depicted on the Cannabis Overlay Zone Map[4] shall add:
[4]
Editor's Note: The Cannabis Overlay Zone Map is on file in
the City offices.
(2)
Vertically integrated cannabis facilities are permitted subject
to the following criteria:
(a)
Adherence to the site design standards of the City Zoning Ordinance
through a review by the Zoning Official, and the City Planning Board
when applicable, is required.
(b)
The property must have frontage along a major roadway, which,
for the purposes of this chapter shall mean any roadway that retail
is permitted to be located, e.g., Park Street, Route 130 and/or Route
206.
(c)
Issuance of Bordentown City cannabis business license.
(d)
Site plan approval is required.
(e)
Vertically integrated cannabis facilities may not be located within
a drug-free school zone.
(f)
If proposing to assemble a vertical license within the HC Zone,
the operation shall first begin with the retail operation before being
able to co-locate with a cultivation and/or manufacturing license.
If proposing to assemble a vertical license with the OSRA, the operation
shall first begin with the cultivation and/or manufacturing license
before being able to co-locate the retail license. In both cases,
the area of the proposed premises utilized for cultivation and/or
manufacturing shall be both screened by the retail operation and physically
separated from the area of the premises utilized for the sales of
cannabis that is 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 premises utilized for cultivation
of medical cannabis.
(g)
Unusual odors, smells, fragrances, or other olfactory stimulants
shall be prohibited. Odor mitigation filtration systems must be installed
and maintained in perfect working order.
(h)
Light pollution, glare or brightness resulting from glow lamps
must be 0.5 candle or less at the property line.
(i)
Noise beyond the decibel level permitted by City noise ordinances
shall be prohibited.
(j)
Executed local host agreement.
F.
Cannabis cultivators, manufacturers, academic medical center, delivery,
cannabis testing lab, and cannabis training facility.
(1)
These facilities shall be permitted as conditional uses in the following zones in accordance with this chapter. The permitted conditional uses within Article X, CI Commercial Industrial Zone, as depicted on the Cannabis Overlay Zone Map,[5] shall add:
[5]
Editor's Note: The Cannabis Overlay Zone Map is on file in
the City offices.
(2)
Such facilities shall be permitted subject to the following
criteria:
(a)
Adherence to the site design standards of the City Zoning Ordinances
through a review by the Zoning Official, and the City Planning Board,
is required.
(b)
Issuance of Bordentown City cannabis business license.
(c)
Site plan approval is required.
(d)
No such facility shall be located in a drug-free school zone.
(e)
Secured in accordance with all applicable provisions as defined
in the Act and outlined below.
(f)
No signage, other than directional or discrete building identification, shall be permitted. Signage shall
remain innocuous, and part of the general directional signage typically
found in industrial manufacturing facilities. Facade signs will be
limited to those at the point of entry to the facility and may not
be more than six square feet.
(g)
Unusual odors, smells, fragrances, or other olfactory stimulants
shall be prohibited. Odor-mitigation filtration systems must be installed
and maintained in perfect working order.
(h)
Light pollution, glare or brightness resulting from glow lamps
must be 0.5 candle or less at the property line.
(i)
Noise beyond the decibel level permitted by City noise ordinances
shall be prohibited.
(j)
Executed local host agreement.
G.
Cannabis delivery service. Nothing herein shall prohibit the delivery
of cannabis within the City to consumers by a properly licensed cannabis
delivery service.
H.
Microbusinesses. Microbusinesses are permitted as conditional uses
within any area where cannabis businesses are permitted within the
City according to their use category (i.e., dispensary, cultivation,
or manufacturing). A microbusiness may also be located on the same
premises as a nonmicrolicensee as long as training, or a business
incubator or mentorship program, is being conducted. Certified copies
of such agreements between entities shall be required.
I.
Additional requirements applicable to all cannabis businesses.
(1)
Samples of cannabis products offered for sale may be displayed
on shelves, counters, and display cases. All bulk cannabis products
shall be locked within a separate vault or safe, with no other items
in the safe, securely fastened to a wall or floor, as coordinated
with the Bordentown City Police Department, and allowable under permitting
authority regulations and state legislation.
(2)
Signage.
(a)
External signage, including window signage, must be limited
to text identifying the business and the logo for the business, provided
that said logo does not include a cannabis plant leaf and/or outward
glorification of cannabis consumption, where applicable.
(b)
All other City sign regulations must be complied with.
(3)
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.
(4)
(5)
In the event of a conflict between the City bulk standards and
the Act or the permitting authority's regulations, the City shall
consider the pertinent statute or regulation as justification of any
variance and/or design waiver.
