For the purpose of lessening congestion in the streets; securing
safety from fire, panic, and other dangers; protecting health, morals,
or the general welfare; providing adequate light and air; preventing
the overcrowding of land or buildings; and avoiding undue concentration
of population, with reasonable consideration to the character of the
district and its peculiar suitability for particular uses and with
the objective of conserving the value of property and encouraging
the most appropriate use of land throughout the municipality, the
City of Camden is hereby divided into 24 zones as follows:
|
R-1
|
Residential
|
|
R-2
|
Residential
|
|
R-3
|
Residential
|
|
C-1
|
Commercial
|
|
C-2
|
Commercial
|
|
C-3
|
Commercial
|
|
C-4
|
Commercial
|
|
LI-1
|
Light Industrial
|
|
LI-2
|
Light Industrial
|
|
GI-1
|
General Industrial
|
|
GI-2
|
General Industrial
|
|
US
|
University and Support
|
|
PRI
|
Port Related Industrial
|
|
OLI
|
Office Light Industrial
|
|
TOD
|
Transit Oriented
|
|
MW-1
|
Mixed Waterfront
|
|
MW-2
|
Mixed Waterfront
|
|
MS
|
Medical Support
|
|
CV-1
|
Conservation Overlay
|
|
CV-2
|
Conservation Overlay
|
|
CC
|
Center City
|
|
H
|
Historic Overlay
|
|
HC
|
Historic Conservation Overlay
|
|
S
|
Stream and River Corridor Protection and Management Overlay
|
[Amended 8-9-2016 by Ord. No. MC-4985]
The boundaries of the zoning districts are established on the
map entitled "Zoning Map of the City of Camden" dated January 7, 1999
as revised July 29, 2008, and as further revised _____, 2016 [date
of map that incorporates these amendments], which accompanies and
is attached hereto, and is made part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the City offices.
Every building hereafter erected or moved shall be on a lot
adjacent to a public street, and all structures shall be as located
on lots as to provide safe and convenient access for servicing, fire
protection and required off-street parking.
In determining the boundaries of zone districts shown on the
Zoning Map, the following rules shall apply:
A.
Where district boundary lines are indicated as approximately following
the center lines of streets, street lines or right-of-way lines, waterways,
or railroad rights-of-way or such lines extended, such center lines
shall be construed to be such boundaries.
B.
District boundary lines are intended to follow street, lot or property
lines as they exist on plats of record unless such district boundaries
are fixed by dimensions as shown on the Zoning Map.
C.
Where such boundaries are fixed by dimensions and where they approximately
follow lot lines and where they are not more than 10 feet distant
there from, such lot lines shall be construed to be such boundaries
unless specifically shown otherwise.
D.
Where district boundaries are so indicated that they are running
parallel to the center lines or street lines of streets, such district
boundaries shall be construed as being parallel thereto, and at such
distances there from as indicated on the Zoning Map.
E.
Whenever any street or public way is vacated by official action,
the zoning districts adjoining the side of such public way shall be
automatically extended to include the right-of-way thus vacated which
shall henceforth be subject to all regulations of the extended district
or districts. In general, where the vacated right-of-way is bounded
on either side by more than one district, the former center line of
such right-of-way shall determine extension of each district. The
land formerly within the vacated right-of-way shall henceforth be
subject to all regulations of the extended zone or zones.
F.
In all other cases where dimensions are not shown on the Zoning Map,
the location of boundaries shown on the map shall be determined by
the Zoning Officer/Administrative Officer by application of a scale
thereto.
G.
In cases of uncertainty or disagreement as to the true location of
any district boundary line, the determination thereof shall be with
the Zoning Board of Adjustment after conducting a public hearing.
Unless otherwise specifically permitted within this chapter,
no more than one principal dwelling or building shall be permitted
on one lot. Any accessory building attached to a principal building
by a common wall, an abutting wall or a roof shall be considered part
of the principal building and shall adhere to the yard requirements
for the principal building.
No building shall hereafter be erected and no existing building
shall be moved, structurally altered, rebuilt, added to or enlarged
and no land shall be used for any purpose other than those included
among the uses listed as a permitted use in each zone by this article
and meeting the requirements set forth in this chapter.
A.
No development shall take place within the City nor shall any land be cleared or altered, nor shall any watercourse be diverted or its channel or floodplain dredged or filled, nor shall any parking areas, accessory or otherwise, or accessways thereto, be constructed, installed, or enlarged, nor shall any building permit be issued with respect to any such structure, land or parking area except in accordance with an approval of such development granted pursuant to this chapter unless exempted in accordance with § 870-43 of this chapter. Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open space in connection therewith and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which it is located.
B.
Where the provisions of this chapter impose greater restrictions
than those of any statute, other ordinance, or regulation, the provisions
of this chapter shall be controlling. Where the provisions of any
statute, other ordinance, or regulation impose greater restrictions
than this chapter, the provisions of such statute, other ordinance,
or regulations shall be controlling.
A.
No building shall be erected and no existing building shall be moved,
altered, added to or enlarged, nor shall any land or building be designed,
used or intended to be used, for any purpose or in any manner other
than as specified among the uses, hereinafter listed as permitted
in the district in which such building or land is located.
B.
No building shall be erected, reconstructed, or structurally altered
to exceed in height the limit hereinafter designated for the district
in which such building is located.
C.
No building shall be erected, no existing building shall be altered,
enlarged or rebuilt, nor shall any open space surrounding any building
be encroached upon or reduced in any manner, except in conformity
to the yard, lot area and building location regulations hereinafter
designated for the district in which such building or open spaces
is located.
D.
No yard or other open space provided about any building for the purpose
of complying with the provisions of this article shall be considered
as providing a yard or open space for any other building, and no yard
or other open space on one lot shall be considered as providing a
yard or open space for a building on any other lot except that such
parking spaces as may be required for certain uses as specified in
other sections of this chapter and which need not be provided on the
same lot as the principal structure or use shall be considered as
part of the open space required for the continuance of such use but
may be relocated in a manner so as to conform in all other respects
to ordinance requirements and subject to approval by the Planning
Board.
E.
The Planning Board may waive the requirements of this chapter for
minimum lot size only for such lots that were in individual private
ownership and so indicated in the public records at the time of passage
of this chapter and surrounded by improved properties which prevent
the acquisition of such additional land as may permit compliance with
the terms of this chapter.
F.
Every principal building shall be built upon a lot with frontage
upon a public street improved to meet City standards or for which
improvements have been insured by the posting of a performance guaranty
pursuant to the subdivision regulations of the City. In the case of
lots not comprising portions of a plan of lots approved pursuant to
the subdivision regulations of the City, the minimum City standard
of street improvement shall be a thirty-foot roadway paved with a
durable and permanent surface on a properly prepared subgrade, the
construction of which shall be reviewed, inspected and approved by
the appropriate City authorities. These street improvements shall
be made from the nearest public street to the furthermost property
line of the subject lot.
In the case of an irregular lot in which the side lot lines
are not parallel, the average width of the lot may be substituted
for the required minimum lot frontage, but the street lot frontage
shall not be less than 80% of the minimum required width.
No yard or other open space provided about any buildings for
the purpose of complying with the provisions of this article shall
be considered as providing a yard of open space for any other building,
and no yard or other space on another lot shall be considered as providing
a yard or open space for a building on any other lot.
At the intersection or interception of two or more streets,
no hedge, fence or wall higher than three feet above curb level nor
any obstruction to vision other than a post or tree not exceeding
one square foot in cross section shall be permitted within the triangular
area formed by the intersecting street lines and a straight line joining
points located on said street lines 30 feet distant from their point
of intersection.
When a lot has frontage on a street right-of-way which has been
designated for widening by the City of Camden or the County of Camden
or the State of New Jersey, the required front yard area shall be
measured from the proposed right-of-way line, which shall, in all
cases, be a minimum of 25 feet from the road center line.
A.
The outdoor storage of goods, articles, appliances and vehicles shall
be prohibited in all nonresidential districts unless items being stored
are to be sold on the premises. The articles and goods, etc., shall
be screened in a manner which prevents their being viewed from any
residential property.
B.
Outdoor storage of any kind shall not be permitted on the premises
in any residential district except in connection with the construction
of a structure to be erected on the premises, unless specifically
permitted elsewhere in this chapter.
All principal buildings in all districts shall be clearly identified
as to building number, house number, street number or name by means
of a small, unobstructed sign, clearly visible and readable from the
main abutting street. Such sign shall be attached either to the outer
most doors or some portion of the outer most structure or affixed
to a lamppost. Any sign or legend other than a building number, house
number or street number shall comply with all requirements for signs,
as herein set forth. The house number, street number, building number
or name shall be assigned by the Construction Official upon the approval
of the building plans.
within any residential district, no building shall be constructed
or altered in any manner so that its exterior design and appearance
is not compatible and harmonious with the general atmosphere and character
of the neighborhood. Typical commercial and storefront designs are
prohibited as shall otherwise be determined by the Planning Board.
Nothing contained in this chapter shall require any change in
the plans, construction or designated use of a building complying
with existing law, a permit for which shall have been issued and the
construction of which shall have been started before the date of first
publication of notice of a public hearing on this chapter.
A.
Any vehicle containing advertising matter intended to promote an
interest in any business or any commercial vehicle used in connection
with any business or commercial activity shall not be parked, stored
or maintained in any residential zone district except in compliance
with the following conditions:
B.
This section shall apply to all vehicles which are customarily considered
commercial vehicles, whether or not such vehicles shall carry a commercial
registration.
The following uses are permitted in all districts:
All uses not expressly permitted by this chapter are prohibited
in all districts (unless permitted by conditional use permit as elsewhere
in this chapter provided), such prohibition to include but not be
limited to the following:
A.
Adult entertainment uses.
B.
Amusement arcade.
C.
Automobile wrecking.
D.
Artist body painting and photographic studio.
E.
Billboards.
F.
Body piercing establishments.
G.
Check-cashing facilities.
H.
Dumping or outdoor storage of waste or scrap material uses; dumps.
Storage of hazardous materials; ammunition, explosives and fireworks.
I.
Drug paraphernalia stores.
J.
Drug treatment centers.
K.
Firearms dealers.
L.
Heliports.
M.
Junkyard and dumps.
N.
Massage parlors.
O.
Methadone clinics.
P.
Lodging houses, boardinghouses and rooming houses.
Q.
Trailer camp, trailer park, or mobile home park.
R.
Any use pursuant to the standards set forth in this chapter and/or
standards as established by the NJDEP, which emits excessive or objectionable
amounts of dust, fumes, noise, odor, smoke, vibrations or waste products.
S.
The use of any portable building or structure, stationary vehicle
or stand of any description for the purpose of displaying or selling
of food, merchandise or commodities of any kind except in the US University
Support and the CC Center City Zone districts.
T.
The use of a building or structure of a temporary nature on any lot
or parcel of land for living or sleeping purposes in any district
on either a temporary or permanent basis.
U.
Prisons, correctional facilities.
V.
Tattoo parlors.
W.
Pawn shops.
X.
Roadside stands.
Y.
An operation open between the hours of 1:00 a.m. and 6:00 a.m., unless
selling food for on or off-premises consumption, that has little or
no impact on adjacent and nearby uses, i.e., within 200 feet of the
property lines.
Z.
Conversion of hotels or motels into multifamily dwelling units.
AA.
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services as said terms are defined in Section 3 of P.L. 2021,
c. 16, but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 7-13-2021 by Ord. No. MC - 5347]
[Added 2-8-2022 by Ord. No. MC-5371]
A.
All applications for licenses and permits, all licenses and permits
issued and all proceedings under this section shall be in accordance
with all applicable laws of the state.
B.
All licenses and permits required by this section shall be issued
by City Administration, which shall also administer the provisions
of this section. Any business duly licensed by the State of New Jersey
to conduct legal adult-use cannabis operations, as defined by state
law, may operate within the specified permitted area so long as:
(1)
The entity maintains its state license in good standing;
(2)
The entity maintains a City of Camden business license in good standing;
and
(3)
The entity otherwise remains in full compliance with the laws and
regulations established by the State of New Jersey and the City of
Camden governing the licensed activity, as may be amended.
C.
A business license to operate within the City of Camden shall not
be granted or renewed without such evidence as may be required by
the Business Administrator to determine that the entity maintains
all valid state and/or CRC licenses and approvals, and that all such
licenses and/or approvals remain in good standing from the time of
registration.
D.
Licensing.
(1)
Local licensing authority.
(a)
The Camden Cannabis Committee is hereby designated to act as
the local licensing authority for the City for all cannabis establishments.
The Camden Cannabis Committee shall consist of the following individuals:
the Business Administrator, the City Attorney, the Director of Planning
and Development, the Director of Code Enforcement, the Mayor's Chief
of Staff, the Chief of the Camden County Police Department, Metro
Division, or his/her designee. Under all circumstances in which state
law requires communication to the City by the Cannabis Regulatory
Commission or any other state agency with regard to the licensing
of cannabis establishments by the state, or in which state law requires
any review or approval by the City of any action taken by the state
licensing authority, the exclusive authority for receiving such communications
and granting such approvals shall be exercised by the Camden Cannabis
Committee.
[Amended 8-8-2023 by Ord. No. MC-5461]
(b)
Under no circumstances shall a local license for a cannabis
establishment issued by the Business Administrator be effective until
or unless the state has issued the requisite permits or licenses to
operate such a facility. No cannabis establishment may lawfully operate
in the City of Camden without the issuance of a state permit or license
and full regulatory oversight of the cannabis establishment by the
Cannabis Regulatory Commission or other state licensing authority
as well as oversight and issuance of a license by the City.
(c)
Any permit issued pursuant to this section shall be valid for
a period of one year from the date of issuance and shall be renewed
in accordance with the provisions of this section.
(d)
The Business Administrator may, at his or her discretion, adjust
the renewal date of the local permit to correlate with an applicant's
state licensing and renewal schedule.
(e)
Renewal of any permit shall be governed by any code amendments,
additional restrictions or changes in the Act and N.J.A.C. 17:30 et
seq. adopted since the previous permit was issued or renewed.
(f)
A licensee shall comply with N.J.A.C. 17:30-6.8 governing limitations
on license holders, owners, principals and passive investors, etc.
(g)
A licensee shall comply with the provisions of N.J.A.C. 17:30-9.3
governing transfers of ownership interest.
(h)
Transfer of a license or change of location or modification
to expand a permitted premises shall be subject to the approval of
the Administration, the Planning Board and City Council. A potential
transfer of a license caused by the death of a spouse, domestic partner
or adult child shall not be unreasonably denied.
(i)
Pursuant to N.J.A.C. 17:30-6.7(d), a microbusiness holding an
annual license shall not sell or transfer its license.
(j)
Except where the Business Administrator has received a complete
renewal application, along with the requisite fees, and has issued
a license renewal, it shall be unlawful for any person to operate
after the date of a license expiration.
(2)
Classification of licenses. The City, subject to state, Administration,
Planning Board, Zoning Board of Adjustment, and City Council approval,
may issue the following municipal licenses to operate a cannabis establishment:
(a)
Class 1 - 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 one licensed cultivator
to another licensed cultivator, or cannabis items in bulk from any
type of licensed cannabis business to another;
(e)
Class 5 - cannabis retailer license, for locations at which
cannabis items and related supplies are sold to consumers.
(3)
Maximum number of licenses. The City may issue a maximum of the following
licenses:
(a)
A maximum of three standard or microbusiness licenses operating
under Class 1 shall be permitted to operate within the City only in
commercial zone areas specified below. A microbusiness cannabis cultivator
shall have a total cannabis grow area that does not exceed 2,500 square
feet, measured on a horizontal plane, and 24 feet, measured vertically
above the plane, and shall possess a total of no more than 1,000 cannabis
plants each month.
[Amended 11-10-2022 by Ord. No. MC-5426]
(b)
A maximum total of three standard or microbusiness cannabis
licenses operating under Class 2 shall be permitted to operate within
the City only in commercial zone areas specified below. A microbusiness
operating under this license shall acquire no more than 1,000 pounds
of cannabis per month.
(c)
A maximum total of three standard or microbusiness cannabis
licenses operating under Class 3 shall be permitted within the City
only in commercial zone areas specified below. A microbusiness operating
under this license shall acquire no more than 1,000 pounds of dry
cannabis or its equivalent per month.
(d)
A maximum total of three standard or microbusiness cannabis
licenses operating under Class 4 shall be permitted within the City
only in commercial zone areas specified below. A microbusiness operating
under this license shall possess no more than 1,000 cannabis plants
per month, except during transportation.
(e)
A maximum of 20 standard or microbusiness retail cannabis business
licenses operating under Class 5 shall be permitted within the City
in the commercial zones specified below, with no more than six per
zone. A microbusiness shall not acquire for retail sale more than
1,000 pounds of usable cannabis or its equivalent per month.
[Amended 12-13-2022 by Ord. No. MC-5427]
(4)
Location of licenses. The following state-classified cannabis classes
are permitted in the corresponding zoning districts:
[Amended 10-11-2022 by Ord. No. MC-5414; 12-13-2022 by Ord. No. MC-5427]
(a)
Class 1: Cultivator - Commercial 3 and Light Industrial 2.
(b)
Class 2: Manufacturer - Light Industrial Zone - LI-1.
(e)
Class 5: Retail - permitted in the following zones:
[1]
C-2 Zone - Gateway/Waterfront South.
[2]
C-3 Zone - Old Pathmark Area.
[3]
C-4 Zone - Admiral Wilson Boulevard.
[4]
US Zone - University Services.
[5]
CC Zone - Center City.
[6]
C-1 Zone - Haddon Avenue from Kaighn Avenue to Atlantic Avenue.
[7]
C-2 Zone - Vine Street from North Front Street to North 3rd Street.
[8]
TOD District - White Horse Pike from Haddon Avenue to Ferry Avenue.
(g)
Class 6: Delivery - In accordance with the Act, delivery of
cannabis products within the City is authorized where permitted by
state law.
(h)
Any delivery service provider seeking to establish a business
in the City of Camden must comply with all applicable City of Camden
ordinances.
(5)
Application process.
(a)
Any license conditionally issued by the City is contingent upon
the locally licensed entity's or individual's subsequent recipient
of a state permit or license of the same class or type of regulated
cannabis activity.
(b)
Persons wishing to obtain any classification of cannabis license
shall file a license application with the Business Administrator,
on a standardized form established by the Business Administrator and
available in the Business Administrator's office. The Business Administrator
shall establish a reasonable application period and deadline for all
applications. An application shall be deemed incomplete, and shall
not be processed by the Business Administrator, until all documents
and application fees are submitted. To be deemed complete, all applications
shall be accompanied by the following:
[1]
The applicant shall submit proof that the applicant has or will
have lawful possession of the premises proposed for the cannabis establishment,
which proof may consist of a deed, a lease, a real estate contract
contingent upon successful licensing, or a binding letter of intent
by the owner of the premises indicating an intent to lease the premises
to the entrant contingent upon successful licensing.
[2]
The applicant shall submit an affidavit and documentary proof
of compliance with all state and local laws regarding affirmative
action, anti-discrimination and fair employment practices. The applicant
shall also certify under oath that they shall not discriminate based
on race, color, religion (creed), gender, gender expression, age,
national origin (ancestry), disability, marital status, sexual orientation,
or military status in any of its activities or operations.
[3]
The location proposed for licensing by the applicant shall comply
with all applicable municipal zoning laws and the location restrictions
set forth in this Code.
[4]
The applicant shall submit, to the satisfaction of the Cannabis
Committee, proof of financial capability to open and operate the cannabis
establishment for which the applicant is seeking a license. Standards
for proof of financial capability shall be determined by the Cannabis
Committee and shall take into account the differences in financial
capability that exist between a microbusiness and a standard license
applicant.
[Amended 8-8-2023 by Ord. No. MC-5461]
[5]
The applicant and the application shall otherwise comply with
any and all qualification standards set forth by the State of New
Jersey and City of Camden laws, regulations or ordinances.
(c)
The Cannabis Committee shall evaluate all applicants and issue
a notification of award after consideration and evaluation of the
following criteria:
[Amended 8-8-2023 by Ord. No. MC-5461]
[1]
Applicant's owners' or principals' qualifications and experience
operating in highly regulated industries, including cannabis, healthcare,
pharmaceutical manufacturing, and retail pharmacies, with preference
to experience operating such businesses within the State of New Jersey
and where the value of owners' experience shall outweigh the experience
of nonowner principals; and
[2]
Applicant's qualifications and experience related to public
safety and security, including any of the applicant's owners' or principals'
experience in law enforcement and drug enforcement and a summary of
the applicant's plans for storage of products and currency, physical
security, video surveillance, security personnel, and visitor management;
and
[3]
Applicant's or its owners' experience conducting or supporting,
or plans to conduct, institutional review board-approved research
involving human subjects that is related to medical cannabis or substance
abuse, where the value of past or ongoing clinical research, with
IRB approval shall outweigh plans to conduct such research, whether
the applicant has had any assurance accepted by the U.S. Department
of Health and Human Services indicating the applicant's commitment
to complying with 45 CFR Part 46, and whether the applicant has a
research collaboration or partnership agreement in effect with an
accredited U.S. school of medicine or osteopathic medicine with experience
conducting cannabis-related research;
[4]
Applicant's or its owners' demonstrated commitment to the community
and social responsibility, or sufficient evidence related to N.J.A.C.
17:30-7.10(b)18;
[5]
Summary of the applicant's environmental impact and sustainability
plan; whether the applicant entity or its parent company has any recognitions
from or registrations with federal or New Jersey state environmental
regulators for innovation in sustainability; and whether the applicant
entity or its parent company holds any certification under international
standards demonstrating the applicant has an effective environmental
management system or has a designated sustainability officer to conduct
internal audits to assess the effective implementation of an environmental
management system;
[6]
Applicant's ties to the host community, including, for standard
license applications, the applicant's willingness to enter into a
community benefit agreement;
[7]
Consideration of the New Jersey Cannabis Regulatory, Enforcement
Assistance and Marketplace Modernization Act, N.J.S.A. 24:6I-32 et
seq., and its underlying principles of diversity, equity and inclusion
for which the Act was enacted.
[8]
Applicant's demonstrated commitment to diversity in its ownership
composition and hiring practices and whether the applicant entity
or its parent company holds any certifications as a Camden-owned business,
New Jersey MBE, WBE, DVBE, VBE or SBE;
[9]
Social equity businesses, diversely owned businesses and impact
zone businesses shall always have priority over other license applicants;
[10]
Conditional license applicants shall always have
priority over annual license applicants;
[11]
Microbusiness license applicants shall always
have priority over standard cannabis business license applicants;
[12]
Microbusinesses that are also impact zone businesses
shall always have priority over other microbusinesses; and
[13]
License applicants given bonus points pursuant
to N.J.A.C. 17:30-6.1(d) shall have priority over license applicants
with no bonus points.
(d)
A notification of award and conditional municipal license shall
entitle the recipient applicant to pursue a state permit or license
in the appropriate classification for up to 12 months. No license
to operate shall issue until the applicant has received a state permit
and satisfied other prerequisites of municipal licensure. If the recipient
of a notice of award and conditional license has not received a state
permit or license within 12 months from issuance, the Administrator
shall issue a new request for applications and evaluate all applicants
for licensure under the above criteria.
(e)
In addition to complying with any state requirement related
to good character and criminal background, any person proposed to
have an ownership interest in the license shall not have had any cannabis
license or permit revoked for a violation affecting public safety
in the State of New Jersey or a subdivision thereof within the preceding
three years.
(f)
Prior to an application for any cannabis license being approved,
the Cannabis Committee shall direct the applicant to provide written
notice to all property owners and renters who reside within 200 feet
of the applicant's proposed cannabis business location. The applicant
shall provide the Cannabis Committee with a copy of the written notice
provided to these property owners and renters, the means used to provide
such notice, and documentation indicating the number of property owners
and renters who were so notified by the method used to provide such
notice.
[Added 8-8-2023 by Ord. No. MC-5461[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection D(5)(f) as Subsection D(5)(g).
(g)
Term of license and license renewals.
[1]
Any local license issued pursuant to this section shall be valid
for a period of one year from the date of issuance and shall be renewed
yearly in accordance with the provisions of this section.
[2]
The Business Administrator may, at his/her discretion, adjust
the renewal date of the local license to correlate with an applicant's
state licensing and renewal schedule.
[3]
Renewal of any license shall be governed by any amendments to
state law, regulations and/or the City of Camden Code.
[4]
Transfer of ownership of any local license or change of location
of any license or modification to expand a licensed premise shall
be subject to approval by the Cannabis Committee and City Planning
Board and Zoning approval.
[Amended 8-8-2023 by Ord. No. MC-5461]
[5]
Except where the Cannabis Committee has received a complete
renewal application along with the requisite fees, and has issued
a license renewal, it shall be unlawful for any person to manufacture,
sell, distribute, transfer, transport, or otherwise remove cannabis
or cannabis products from the premises of any license after the expiration
date recorded on the face of the license. A license renewal application
shall consist of the following:
[Amended 8-8-2023 by Ord. No. MC-5461]
E.
Fees. The following fees shall apply to all cannabis businesses:
(3)
The above fees shall be submitted to the City at the time the cannabis
business submits its initial application or the renewal application
to the City. If the cannabis business's application is denied, the
City shall refund 80% of the initial application or renewal fee if
the applicant is not approved for a cannabis license by the State
of New Jersey.
F.
Disciplinary actions; sanctions; penalties.
(1)
Disciplinary actions. Procedures for investigation of license violations
and for suspension, revocation, or other licensing sanctions as a
result of any such violation shall be as follows:
(2)
Summary suspension. Notwithstanding the foregoing section, when the
Business Administrator has reasonable grounds to believe that a licensee
has engaged in a willful violation of any applicable law, regulation
or City of Camden Code provision, or that the public health, safety,
and/or general welfare has been jeopardized and requires emergency
action, the Business Administrator may enter a summary suspension
order for the immediate suspension of such license pending further
investigation.
(a)
The summary suspension order shall be in writing and shall state
the reasons therefore. The licensee shall be afforded an opportunity
for a hearing as outlined herein.
(b)
The Business Administrator shall convene a review panel consisting
of the Business Administrator, a second administrative officer designated
by the Mayor, and an officer designated by the Chief of Police. The
hearing shall be scheduled within 30 days of the date of the order.
(c)
The review panel is authorized to impose any fines, conditions,
restrictions, suspensions, or combination thereof authorized by the
State of New Jersey. The City may issue fines up to, but not to exceed,
$2,500 per offense and/or suspension of license for a period not to
exceed six months.
(3)
Inactive licenses. Following the commencement of retail sales of
cannabis or cannabis products, the Business Administrator may suspend
or revoke any license if the licensed premises have been inactive
or unoccupied by the licensee for at least six months.
(4)
State license. The Business Administrator may suspend or revoke any
license if the corresponding state license or permit for the subject
location is expired, surrendered, suspended, or revoked.
G.
Site plan review requirements. The City's Zoning Officer will review
and determine whether any proposed Cannabis establishment requires
approval from the Zoning Board of Adjustment and or Planning Board
through the zoning permit approval process.
H.
Signage and display of products.
(1)
Each business shall be permitted two signs.
(2)
Signs shall be limited to location identification/name of business.
(3)
Signs shall not promote consumption of any cannabis product.
(4)
Signage design shall not include artistic or photographic renderings
of cannabis plants or paraphernalia.
(5)
Neon signs shall be prohibited.
(6)
The following words shall be prohibited from appearing on any sign:
"pot" and "weed."
(7)
Signage shall comply with the City's Signage Ordinance, as may be
amended from time to time.
(8)
No cannabis products shall be displayed in any windows or doors.
I.
Distance requirements.
(1)
Cannabis businesses; all classes.
(a)
In addition to any other requirements and limitations established
by the Commission from time to time, no cannabis business, including
an alternative treatment center, seeking Class 1 through Class 5 licenses
herein shall be located within:
[1]
Two hundred feet from any public or nonpublic school, licensed
child-care facility, park, or playground, behavioral health facility
as measured in a straight line from the nearest two points of the
property lines.
[2]
Two hundred feet of the property line of any existing church
or house of worship, as measured in a straight line from the nearest
two points of the property lines.
[3]
Two hundred feet of any other retail cannabis business as measured
in a straight line from the nearest two points of the property lines.
(b)
In addition to any other requirements and limitations established
by the Commission from time to time, no cannabis business, including
an alternative treatment center seeking Class 1 through Class 5 licenses
herein shall be located in any residential zone unless otherwise permitted
in this chapter.
[Amended 10-11-2022 by Ord. No. MC-5414]
(c)
In addition to any other requirements and limitations established
by the Commission from time to time, a cannabis business shall not
be co-located within any structure or building that is also being
utilized for residential use.
[Added 8-8-2023 by Ord. No. MC-5461]
(d)
At the time that an application for any cannabis license is submitted
to the Cannabis Committee, the application shall also include a certified
survey establishing that the proposed cannabis business location meets
the distance requirements established herein as well as establishing
that the proposed location meets all zoning requirements.
[Added 8-8-2023 by Ord. No. MC-5461]
J.
Requirements for cannabis businesses.
(1)
All cannabis businesses.
(a)
There shall be no on-site sales of alcohol or tobacco products,
and no on-site consumption of food, alcohol, tobacco, or cannabis
by patrons.
(b)
For any licensed cultivation, processing, manufacturing, or
similar operation, 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.
(c)
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.
(d)
No outside storage of any cannabis, cannabis products, or cannabis
paraphernalia shall be permitted.
(e)
All licensed cannabis facilities shall have a round-the-clock
video surveillance system, 365 days a year.
(f)
Video surveillance shall be retained a minimum of seven days
or pursuant to state and federal law, whichever is greater.
(g)
All licensed facilities must provide the Camden County Police
Department, Metro Division, with access to security footage immediately
upon request by the Department.
(h)
All licensed facilities must provide at least one licensed security
guard (or more if required by the state) during all times the facility
is open to the public.
(i)
For any licensed cultivation operation, the facility must avoid
lighting spillover into any residential neighborhoods and must comply
with all applicable state lighting limitations.
(j)
As applicable and to the fullest extent possible, all licensed
facilities must provide for adequate buffering as otherwise required
by City of Camden ordinance.
(k)
All cannabis establishments shall conduct business and operations
indoors.
(2)
Cannabis retailers; Class 5.
(a)
In addition to the above, cannabis retailers, including an alternative
treatment center, seeking a retail license herein must also meet the
following requirements:
[1]
A cannabis retailer may operate between the hours of 9:00 a.m.
and 8:00 p.m. Monday through Saturday and between the hours of 10:00
a.m. and 5:00 p.m. on Sunday.
[2]
No more than one ounce of cannabis or cannabis product may be
sold to a specific customer at a given time.
[3]
Use or consumption of cannabis or cannabis products in any manner
shall not be permitted within the cannabis retailer's facility, whether
in the building or on its grounds or parking lots. Cannabis consumption
areas are not permitted.
[4]
All cannabis retailers shall be enclosed in heated/air-conditioned
permanent buildings, not trailers, outdoors, movable kiosks, etc.
[5]
Any cannabis retailer shall only have one primary public access
point, which shall be directly adjacent to the right-of-way or parking
area of the building. Access should not be through common entrances
with other uses.
[6]
Drive-through facilities are not permitted.
[7]
All cannabis retailers shall be secured in accordance with State
of New Jersey statutes and regulations; shall have a round-the-clock
video surveillance system, 365 days a year.
[8]
At least one licensed security guard shall be on-site at all
times during a retail cannabis business's hours of operation. All
patrons must be screened by said security employee and patrons must
demonstrate proof of minimum age (21 years old).
[9]
Cannabis retailers' interiors shall provide a secure location
for storage of products with minimum products in any customer service
area.
[10]
People shall not be permitted to congregate outside
of a cannabis retailer, loiter or wait in line to access the cannabis
retailer. The facility shall have a plan in place if interior capacity
is exceeded, i.e., numbers are given and customers wait in their vehicles
until called.
(3)
Cannabis delivery license; Class 6. Any law enforcement officer of
the Camden County Police Department or any officer of the City's Code
Enforcement Department may request that cannabis business personnel
performing a transport or delivery to present a cannabis business
identification card or a copy of a transport order or delivery request.
K.
Parking and loading.
(1)
Retail:
(a)
Number of parking spaces. A retail cannabis business establishment
shall be required to provide no less than one parking space per 250
square feet of gross floor area.
(b)
Regulations. Retail cannabis businesses also shall follow the
parking regulations set forth in the Camden City Code, unless such
establishments are located within an area governed by a redevelopment
plan, in which case the parking standards set forth in the redevelopment
plan shall control.
(c)
Off-site arrangements. Parking requirements may be satisfied
through an off-site parking arrangement.
(2)
All other cannabis businesses:
(3)
Loading requirements:
(a)
Retail. A retail cannabis business establishment shall adhere
to the Camden City Code regarding required loading areas for commercial
uses.
(b)
All other cannabis businesses. All nonretail cannabis businesses
shall adhere to the Camden City Code regarding required loading areas
for light industrial and warehouses.
L.
Odor mitigation/smoking.
(1)
All cannabis businesses must provide adequate HVAC air quality equipment.
(2)
Cannabis odor must not permeate outside any cannabis business establishment.
(3)
All cannabis businesses shall adhere to generally applicable City
ordinances regulating odor emissions and environmental impacts.
(5)
All cannabis cultivators must provide a water mitigation plan.
(6)
No smoking is permitted inside or outside of any cannabis business
establishment.
M.
Noise mitigation.
(1)
All cannabis businesses shall adhere to all generally applicable
noise ordinances, nuisance ordinances, other Camden City Code requirements
and all other state and federal requirements.
(2)
All nonretail cannabis businesses shall take such sound mitigation
practices as may be necessary, including but not limited to the installation
of insulation if appropriate.
(3)
All nonretail cannabis businesses shall adhere to the requirements
of N.J.A.C. 7:29.
N.
Hours of operation.
O.
Capacity.
(1)
Retail. A maximum of 10 patrons per 250 square feet of gross floor
area shall be permitted in any retail cannabis business establishment.
By way of clarification, floor area which is not accessible to customers
(e.g., storage) shall not be included in the gross floor area for
purposes of this calculation. The business's security employees shall
monitor patron capacity and restrict entry if necessary.
(2)
All other cannabis businesses. The capacity of all nonretail cannabis
businesses shall be governed by the generally applicable requirements
for manufacturing and light industrial businesses within the City.
P.
Consumption, possession, nuisance and unregulated sale.
(1)
Consumption of any cannabis products in any cannabis business establishment
and in any other business establishment is prohibited.
(2)
Prohibition in public places. No person shall consume, use, smoke,
vape, aerosolize, imbibe or possess in any open container any cannabis
or cannabis product in or upon public or quasi-public place.
(3)
Prohibition in vehicles. No person shall consume, use, smoke, vape,
aerosolize, imbibe any cannabis or cannabis products in or upon any
private vehicle while the vehicle is in motion or parked upon any
such public or quasi-public place.
(4)
Other prohibitions. No person shall consume cannabis items through
smoking, vaping or aerosolizing in any place that any other law prohibits
the smoking of tobacco, including N.J.S.A. 2C:33-13 and the "New Jersey
Smoke-Free Air Act," N.J.S.A. 26:3D-55 et seq.
(6)
Nuisance. It shall be deemed a nuisance if a person who is consuming,
using, smoking, vaping, aerosolizing or imbibing cannabis shall permit
excessive odor or other pollution to extend beyond the person's premises.
R.
Area and yard requirements.
(1)
Class 2, Class 3 and Class 4 shall have minimum lot area of 2.5 acres.
(2)
Total building or structure coverage shall not exceed 50% of the
lot coverage provided all parking and other yard requirements are
met.
(3)
Retailer - Class 5. The minimum lot area shall have a range from
1,000 to 40,000 square feet as determined by the Zoning Officer.
S.
Transfer and user tax.
(1)
Purpose. It is the purpose of this section to implement the provisions
of the New Jersey Cannabis Regulatory, Enforcement, Assistance and
Marketplace Modernization Act[3] which authorizes a municipality to impose cannabis transfer
and user taxes. The definitions and other provisions of the Act and
N.J.A.C. 17:30 are hereby incorporated herein. Any amendments to the
Act and N.J.A.C. 17:30-1.2 are also incorporated herein without the
need to revise this section.
[3]
Editor's Note: See N.J.S.A. § 24:6I-31 et seq.
(2)
Transfer tax.
(a)
There shall be a transfer tax imposed on the receipts from the
sale of cannabis and cannabis items from the following licensed person
or entity located in this municipality:
(b)
The transfer tax rates imposed on the sales of cannabis shall
not exceed 2% of the receipts from each sale by a cannabis cultivator;
2% of the receipts from each sale by a cannabis manufacturer; 1% of
the receipts from each sale by a cannabis wholesaler; and 2% of the
receipts from each sale by a cannabis retailer.
(c)
The transfer tax shall be in addition to any other tax or fee
imposed pursuant to statute or local ordinance or resolution by any
governmental entity with regard to cannabis.
(e)
The transfer tax shall be stated, charged and shown separately
on any sales slip, invoice, receipt or other statement or memorandum
of the price paid or payable or equivalent value of the transfer for
the cannabis or cannabis item.
(f)
The transfer tax shall not apply to transfers involving distributors
for purposes of bulk transportation.
(g)
The transfer tax shall not apply to delivery services to consumers.
(3)
User tax.
(a)
There shall be a user tax imposed on any concurrent license
holder operating more than one cannabis establishment.
(b)
The user tax rate shall be the same rate as the transfer tax
above: The user tax rates imposed on the sales of cannabis shall not
exceed 2% of the receipts from each sale by a cannabis cultivator;
2% of the receipts from each sale by a cannabis manufacturer; 1% of
the receipts from each sale by a cannabis wholesaler; and 2% of the
receipts from each sale by a cannabis retailer.
(c)
The user tax shall be imposed on the value of each transfer
or use of cannabis or cannabis items not otherwise subject to the
transfer tax imposed on the license holder's establishment that is
located in the municipality to any of the other license holder's establishments,
whether located in this municipality or any other municipality.
(d)
The user tax shall be in addition to any other tax or fee imposed
pursuant to statute or local ordinance or resolution by any governmental
entity with regard to cannabis.
(e)
Any transaction for which the user tax is imposed, is exempt
from the tax imposed under the "Sales and Use Tax Act", except for
those which generate receipts from the retail sales by cannabis retailers.
(f)
The user tax shall be stated, charged and shown separately on
any sales slip, invoice, receipt or other statement or memorandum
of the price paid or payable or equivalent value of the transfer for
the cannabis or cannabis item.
(4)
Collection of transfer and user tax; delinquencies.
(a)
In accordance with the provisions of N.J.S.A. 40:48I-1, every
cannabis establishment required to collect the transfer and user taxes
imposed by this section shall be personally liable for the transfer
and user tax imposed, collected, or required by this section and under
N.J.S.A. 40:48I-1.
(b)
Any cannabis establishment collecting a transfer tax or user
tax shall have the same right with respect to collecting the tax from
another cannabis establishment or the consumer as if the tax was a
part of the sale and payable at the same time or with respect to nonpayment
of the transfer tax or user tax by the cannabis establishment or consumer,
as if the tax was part of the purchase price of the cannabis or cannabis
item and payable at the same time, provided that the Finance Director
of the City of Camden which imposes the transfer tax and user tax
is joined as a party in any action or proceeding brought to collect
the transfer tax or user tax.
(c)
No cannabis establishment required to collect the transfer and
user taxes imposed by this section shall advertise or hold out to
any person or to the public in general, in any manner, directly or
indirectly, that the transfer tax or user tax will not be separately
charged and stated to another cannabis establishment or the consumer
or that the transfer tax or user tax will be refunded to the cannabis
establishment or the consumer.
(d)
Each cannabis establishment collecting transfer and user taxes
pursuant to this chapter shall be remitted to the Finance Director
of the City of Camden on a monthly basis.
(e)
Delinquent taxes. If a licensee is a lessee of the parcel of
the real property comprising the cannabis establishment premises,
and the licensee/lessee becomes delinquent in submitting either the
transfer or user taxes for more than 30 days, the City may refer the
licensee/lessee to the Business Administrator (or Committee) to consider
any actions to be taken, including but not limited to, penalties to
be imposed, suspension of the license, disallowance of a license renewal
or any other remedies allowed by law.
(f)
If the licensee is the owner of the parcel of real property
comprising the cannabis establishment premises, and if the transfer
tax or user tax is not paid when due, the unpaid balance, and any
interest accruing thereon, shall be a lien on the parcel of real property
comprising the cannabis establishment's premises. The annual City
license issued pursuant to this section hall not be renewed for the
cannabis establishment should any transfer or user tax pursuant to
this section be delinquent.
(g)
The lien shall be superior and paramount to the interest in
the parcel of any owner, lessee, tenant, mortgagee, or other person,
except the lien of municipal taxes, and shall be on a parity with
and deemed equal to the municipal lien on the parcel for unpaid property
taxes due and owing in the same year.
(h)
The City shall file with the Tax Collector a statement showing
the amount and due date of the unpaid balance of cannabis taxes and
identifying the lot and block number of the parcel of real property
that comprises the delinquent cannabis establishment's premises. The
lien shall be enforced as a municipal lien in the same manner as all
other municipal liens are enforced.
A.
Aircraft. The landing, taking off, parking, storing or maintaining
of any aircraft or airborne vehicle, except in connection with an
airport, shall be prohibited.
B.
Junk vehicles. The maintenance in any yard, area or open space of
any nonregistered, inoperable, wrecked or junked automobile or vehicle,
except as otherwise specifically permitted by any provision of this
chapter, shall be prohibited.
C.
Commercial trucks, freight containers, portable storage containers,
roll-off containers, school buses and tractor-trailers.
[Amended 3-14-2023 by Ord. No. MC-5439]
(1)
The parking of a commercial truck, a freight container, a portable storage container, a roll-off container or a Type B, C or D school bus or school vehicle, or a tractor-trailer, as those terms are defined in Chapter 508, on any street or highway in any residential zone district within the City of Camden shall be governed by Chapter 508. The storing, keeping or maintaining of any commercial truck, a freight container, a Type B, C or D school bus or school vehicle, or a tractor-trailer, as those terms are defined in Chapter 508, in the open on any residential property shall be prohibited.
D.
Trailers. The parking of any trailer on any street or highway in any residential zone district within the City of Camden shall be governed by Chapter 508 and therefore prohibited. The storing, keeping or maintaining of any trailer in the open on any residential property, except as otherwise specifically permitted by any provision of this chapter, shall be prohibited.
[Amended 3-14-2023 by Ord. No. MC-5439]
E.
Garage sales. A person may conduct not more than three sales, commonly
known as "garage, porch, attic, basement or lawn sales," on his or
her premises in any one calendar year. The sale shall generally be
known as a "garage sale," which is defined as any public sale of used
personal property in a residential area of the City, commencing not
earlier than 9:00 a.m., terminating by sundown and extending no more
than a two-day period. "Garage sales" shall offer only used items
and personal property owned by the residents where the sale is held.
No new merchandise shall be offered for sale. No new merchandise from
sources other than the home in question shall be brought in and offered
for sale.
Any use listed as a conditional use in a particular zone district
may be permitted by the Planning Board, but only after it has determined
that the development proposal complies with the conditions and standards
set forth in this chapter for the location and operation of such use.
All conditional uses shall comply with the following requirements
and standards in addition to those set forth elsewhere in this chapter:
A.
Before a building permit or certificate of occupancy shall be issued
for any conditional use as permitted by this article, application
shall be made to the Planning Board. The Planning Board shall grant
or deny said application within 95 days of submission of a complete
application by a developer to the Zoning Officer/Administrative Officer,
or within such further time as may be consented to by the applicant.
B.
All proposed structures, equipment, or material shall be readily
accessible for fire and police protection.
C.
The proposed use shall be of such location, size and character that,
in general, it shall be in harmony with the existing development in
the general area in which it is proposed to be situated, shall be
free of nuisance characteristics, and shall not be detrimental to
the orderly development of adjacent properties (particularly if it
is located in an historic, historic conservation or residential zone)
in accordance with the zoning classification of such properties.
D.
In addition to the above, in the case of any use located in, or directly
adjacent to, a residential zone or use:
(1)
The location and size of such use, the nature and intensity of operations
involved in or conducted in connection therewith, its site layout
and its relation to access street shall be such that both pedestrian
and vehicular traffic to and from the use and the assembly of persons
in connection therewith will not be hazardous or inconvenient to,
or incongruous with, the said residential zone or use, or conflict
with the normal traffic of the neighborhood; and
(2)
The location and height of buildings; the location, nature, and height
of walls and fences, and the nature and extent of landscaping on the
site, shall be such that the use will not hinder or discourage the
appropriate development and use of adjacent land and buildings, nor
materially affect the value of property.
E.
Each application for a conditional use shall be accompanied by a
proposed site plan showing the size and location of the lot, the location
of all buildings and proposed facilities including access drives,
parking areas, and all streets.
F.
In all requests for approval of a conditional use, the burden of
proof shall be on the applicant. In making its decision on an application
for a conditional use, the Board shall take no action which will be
detrimental to the public welfare or which will substantially impair
the intent or purpose of this chapter. The Board shall be guided by
the following principles:
(1)
The proposed use will not be prejudicial to the character of the
neighborhood.
(2)
The proposed use does not affect adversely the general plans for
the physical development of the City, as embodied in this chapter
and in any master plan or portion thereof.
(3)
The proposed use will not be detrimental to the use or development
of adjacent properties or the general neighborhood.
(4)
The proposed use will not be affected adversely by the existing uses.
(5)
The proposed use will adequately provide for access facilities for
the estimated traffic from public streets and sidewalks.
(6)
The proposed use shall be subject to the off-street parking, loading
and service requirements of this chapter.
(7)
Screening or buffer strips, as required, shall be installed.
(8)
No outdoor floodlighting or spotlighting shall be permitted to shine
directly or indirectly on any abutting property.
(9)
The proposed use shall be reasonable in terms of the logical, efficient
and economical extension of public services and facilities, such as
water, sewers, police and fire protection, transportation, recreation
and public schools.
(10)
Each proposed use shall be further subject to specific conditions
as set forth in this chapter.
G.
Any lot for which a conditional use may be granted shall be deemed to be a conforming use in the district in which such use is located, except as provided in Subsection H below, provided that such approval shall affect only the lot or portion thereof for which such use shall have been granted.
H.
In case of review of the conditional use, the Planning Board may
impose such reasonable conditions, including but not limited to the
placing of fencing and screening as will minimize the impact it has
upon surrounding residential properties. In such cases, the Planning
Board may also permit reasonable changes in existing structures on
the land, within the limitation of the zone in which said use is located,
for the purpose of limiting the open use of the land.
A.
All activities except the following shall require site plan approval:
(1)
The construction, customary use, and modification of single-family
detached dwelling units and two-family dwellings.
(2)
Accessory structures such as private garages, swimming pools, storage
sheds, etc., which are incidental to single-family detached dwellings.
(3)
Fences; provided that the fence does not violate a condition of prior
variance approval, and further provided that if the proposed fence
is to be located on a site developed for nonresidential use, the fence
shall not alter the means of ingress and egress as approved by the
Planning Board.
(4)
Paving of an unpaved driveway on property developed for single-family
dwellings; provided that the paving shall not violate a condition
of a prior variance approval.
(5)
Construction which is determined by the Zoning Officer/Administrative
Officer to constitute ordinary repairs, as defined by the State of
New Jersey Department of Community Affairs Uniform Construction Code.
(6)
A proposed development involving a change in use or occupancy but
not affecting existing circulation, drainage, building arrangements,
landscaping, buffering, lighting, off-street parking, and other considerations
of site plan review. Normal maintenance or replacement such as a new
roof, painting, new siding or similar activity is exempt from site
plan approval.
(7)
Interior alterations or work on exterior building facades, windows
or roofing. However, issuance of a building permit for the work in
no way limits the City's authority to require future site plan approval
based upon the proposed use of the building.
(8)
Any change in the occupancy of a building or the utilization of a
building or land which does not require more off-street parking spaces
than the previous use based upon parking requirements this chapter.
(9)
Any structure or use for which a site plan review application was
made to the Planning Board prior to the effective date of this chapter
under City ordinances and regulations then in effect superseded by
this chapter and that is developed in accordance with an approval
of such application heretofore given by the Planning Board pursuant
to said prior ordinances and regulations for which a building permit
is on file with the Construction Official as of the effective date
of this chapter, provided that such approval is less than two years
old.
(10)
Soil disturbance of less than 100 cubic yards in total and regardless
of the time span required to accomplish the proposed disturbance,
except that nothing shall be constructed to prevent the otherwise
lawful excavation or cutting, stripping, or other change in the existing
configuration of the land for the following purposes and no others;
(11)
Gardening for noncommercial purposes.
(12)
Horticultural uses when in accordance with accepted practices
approved by the County Soil Conservation District.
(13)
The construction or reconstruction of curbs, sidewalks, private
residential driveways, drainage systems, and other utility service
connections, provided that all other City, county, and state approvals
have been received.
(14)
Installation, removal, replacement or maintenance of landscaping,
including trees, shrubs, flowers, and cover where the existing land
contours are not changed by more than one foot.
B.
Site plans for uses of all property, except individual single-family
detached residences and those exemptions listed above, shall in addition
to conforming to any and all regulations pertaining thereto that are
specifically set forth in this chapter, be reviewed and approved by
the Planning Board prior to this issuance of a zoning permit. In considering
any site plan, the Planning Board shall be governed by the objectives
and standards contained within this chapter.
A.
The schedule of regulations entitled "Schedule of Area, Yard and
Building Requirements," made a part hereof, applying to the uses of
land and buildings, the yard and other open spaces to be provided
contiguous thereto and all other matters contained therein, as indicated
for the various zones established by this chapter, is hereby declared
to be a part of this chapter and is incorporated herein by reference
and may be found at the end of this chapter.[1]
[1]
Editor's Note: The area, yard and building requirements for
each zoning district can be found in the district's corresponding
article.
B.
The regulations listed for each zone as designated, reading from
left to right across the aforesaid schedule, are hereby prescribed
for such zones, subject to the other provisions in this chapter, and
shall be deemed to be the minimum requirements in every instance of
their application, unless otherwise stated.
The rules, regulations, and standards set forth in this article
shall be considered the minimum requirements for the protection of
the public health, safety and welfare of the citizens of the City.
Any action taken by the Board under the terms of this article shall
give primary consideration to the above-mentioned matters and to the
welfare of the entire community. However, if the applicant can clearly
demonstrate that, because of peculiar conditions pertaining to his
land, the literal enforcement of this chapter is impracticable or
will exact undue hardship, the Planning Board may permit such exemption(s)
and waiver(s) as may be reasonable, within the general purpose and
intent of the rules, regulations and standards established by this
chapter. The Planning Board may waive the requirements for site plan
approval where there is a change in use or occupancy and no extensive
construction or improvements (or de minimis construction or improvements)
are sought. The waiver may be granted only upon a resolution by the
Board's finding that the use will not affect existing drainage, circulation,
relationship of buildings to each other, landscaping, buffering, lighting
and other considerations of site plan approval and that the existing
facilities do not require upgraded or additional site improvements.
The application for a waiver shall include a discussion of the prior
use of the site, the proposed use and its impact. The waiver can be
granted only at a public meeting. An application for plan waiver shall
be considered to be an application for site plan approval so as to
authorize and permit the Planning Board to exercise its ancillary
powers to hear variance requests pursuant to N.J.S.A. 40:55D-60.
[Amended 3-11-2014 by Ord. No. MC-4820]
A.
No person, taxable association, entity, partnership or corporation
shall be entitled to any approval, relief or remedy under this article
by the Zoning Officer, Planning Board or the Zoning Board of Adjustment
of the City of Camden, or any other commissions having advisory powers
pursuant to this article, unless a certification is obtained from
the Tax Collector of the City of Camden showing the applicant or petitioner
to be free and clear of any and all monetary obligations owing to
the City of Camden by way of municipal taxes, fees, water and sewer
charges, judgment or any other indebtedness created by law, or that
the applicant has entered into an appropriate installment agreement
with the Tax Collector for the payment of the aggregate outstanding
amount of taxes, assessments, municipal charges, and other indebtedness
owed to the City by installment payments and that the applicant is
in full compliance with the terms of that agreement.
B.
Installment payments under an agreement made pursuant to this section
shall be regularly and promptly made to the City. Additionally, all
current municipal taxes, fees, water and sewer charges, judgment or
any other indebtedness owed to the City shall be paid to the City.
Each applicant seeking to enter into an installment agreement with
the City pursuant to this section shall provide the Tax Collector
with such information deemed relevant in determining the applicant
has sufficient income to discharge his/her obligation to make installment
payments. All installment agreements subject to this section shall
provide for a down payment of at least 10% of the aggregate outstanding
amount of taxes, assessments, municipal charges, and other indebtedness
owed to the City and for the full satisfaction of the balance of the
aforesaid aggregate amount in substantially equal monthly installments
over a period not to exceed three years. The down payment required
under this section may be reduced or waived only if the applicant
demonstrates an ability to pay by installment payments but does not
have the necessary down payment.
C.
If an installment or current tax, assessment, municipal charge, or
other indebtedness to the City is not paid when due or is not completed
within the time fixed by the installment agreement, or there is any
other default under the installment agreement, the applicant will
have 30 days to make such payment. During the aforesaid thirty-day
cure period, all approvals, relief, or remedy granted hereunder shall
be suspended until such time as the default shall be cured. If the
payment is not made or other default not cured, the installment agreement
shall be cancelled and the municipality shall be entitled to exercise
all of its rights under law with respect to the outstanding amount
of taxes, assessments, municipal charges, and other indebtedness owed
to the City. Additionally, if the installment agreement is cancelled,
all approvals, remedy or relief granted hereunder shall be rescinded
and revoked and shall not be reinstated unless the aggregate indebtedness
is paid in full.
D.
All requirements in the City Zoning Ordinance requiring a certification
from the City Tax Collector that all of the applicant's taxes and
assessments be paid to date can be satisfied in the alternative by
applicant's presentation of proof of applicant's entering into an
appropriate installment agreement with the City Tax Collector for
the payment of the aggregate outstanding amount of taxes, assessments,
municipal charges, and other indebtedness owed to the City.
E.
The applicant for any relief or remedy within the jurisdiction and
purview of this article shall execute an affidavit attesting to the
absence of any liability as stated herein to the City, in a form prescribed
by the Office of City Attorney, or present proof of applicant's entering
into an appropriate installment agreement with the City Tax Collector
for the payment of the aggregate outstanding amount of taxes, assessments,
municipal charges, and other indebtedness owed to the City, prior
to final approval by the Planning Board, the Board of Adjustment or
the governing body, in the appropriate case.
F.
An applicant's payment of, or entering into an installment agreement
to pay, the aggregate outstanding amount of taxes, assessments, municipal
charges, and other indebtedness owed to the City shall in no way release,
relieve or excuse the applicant from fully satisfying all land use
and other requirements in the City Zoning Ordinance.
A.
No person shall reside in a unit defined as a "trailer," "house trailer,"
"trailer coach," "camp car" or "mobile home" in this article except
in those areas duly licensed and designated as "trailer parks" or
"mobile home parks."
B.
No person, partnership, corporation, association or other entity
shall use any unit defined as a "trailer house," "trailer," "trailer
coach," "camp car," or "mobile home" in this article for any commercial
or industrial purpose except those units used at construction sites
in connection with the erection of new buildings or the renovation
of existing buildings. In the latter event, the unit shall be removed
no later than 15 days after the completion of said construction.
In this chapter, any reference to the "Planning Board" shall
be considered to refer to the Zoning Board of Adjustment in those
instances when the Zoning Board of Adjustment has jurisdiction as
granted by the Municipal Land Use Law (N.J.S.A. 40:55D-1 et. seq.)
and vice versa.
The Planning Board and Zoning Board of Adjustment may, from
time to time, promulgate such rules and regulations as it may deem
necessary for the proper internal administration of this chapter.
A copy of such rules and regulations shall be kept in the City offices
on file with the City Clerk and the Zoning Officer/Administrative
Officer.
